-
njcourts.gov
… court trial began, the parties stipulated to the following facts. "During the late evening of . . . June 24, 2019," a … door. Defendant then woke up. Defendant stated "that he had come from a friend's house, but he did not know where he … have been established." Based upon these undisputed facts, the municipal court judge found that the State proved …
-
njcourts.gov
… arguments at length and only briefly summarize the relevant facts and procedural history. On February 22, 2018, New … "it is not necessary or relevant that the 4 A-0210-19 facts testified to by the trooper actually support a finding … has an articulable and reasonable suspicion that the driver committed an offense. State v. Locurto, 157 N.J. 463, 470 …
-
njcourts.gov
… to J.B.-G., one of those individuals wore a blue hoodie and had a knife which he used to demand money. J.B.-G. … of stress on the witness; or, any of the other Henderson factors. The State opposed defendant's motion and argued … Showups often occur at the scene of a crime soon after its commission." Henderson, 208 N.J. at 259. As that language …
-
njcourts.gov
… Jr. in his well-reasoned written statement of reasons accompanying his August 9, 2019 order denying the petition. We … the community" and "vigorously argue for certain mitigating factors on behalf of defendant at sentencing;" and (3) … (IAC) by a preponderance of the evidence. Viewing the facts in the light most favorable to defendant, the judge …
-
njcourts.gov
… instead be titled to all four siblings as tenants in common. As part of the consent order, plaintiff represented … On appeal, plaintiff argues there are material issues of fact that should have precluded summary judgment and he has … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
-
njcourts.gov
… INEFFECTIVE ASSISTANCE OF COUNSEL IN FAILING TO SUBMIT FACTS REGARDING PLEA COUNSEL'S INEFFECTIVENESS TO THE PCR … against PCR counsel with a sworn statement "alleg[ing] facts sufficient to demonstrate counsel's alleged … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by …
-
njcourts.gov
… cases is limited. R. 1:36-3. 2 A-5193-16T3 The following facts are taken from the record. On May 29, 2017, plaintiff … in plaintiff's damages." We defer to the trial court's factual findings if "supported by adequate, substantial, and … 213 N.J. 463, 478 (2013); Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). On appeal, …
-
njcourts.gov
… Jr. appeal from an April 25, 2019 order dismissing their complaint for failure to state a claim pursuant to Rule … Macedo to proceed with arbitration. We affirm. The relevant facts are not disputed. In October 2013, Sica and defendant … "did not knowingly and voluntarily waive available remedies by initiating a warranty claim with the DCA." Under the …
-
njcourts.gov
… BEING REVERSED. B. THE TRIAL COURT DID NOT IDENTIFY ANY FACTS WHICH WOULD PROVE FRAUD, BY CLEAR AND CONVINCING … S.L.A., 205 N.J. 150, 169 (2011)). "[W]e do not disturb the factual findings and legal conclusions of the trial judge … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
-
njcourts.gov
… and applicable principles of law, we affirm. We derive the facts from testimony presented at the suppression hearing. … WAS NOT INADVERT[E]NT. 4 A-3172-16T1 A trial court's factual findings in a suppression hearing are afforded great … suspicion that an offense . . . has been or is being committed." State v. Carty, 170 N.J. 632, 639- 40 (citing …
-
njcourts.gov
… ordered by the Court, all motions for leave to amend a complaint or to join additional parties shall be filed by … the Court. c. Plaintiffs will provide a completed Plaintiff Fact Sheet on each of the cases in the Initial Discovery … July 15, 2020. Defendants will provide a complete Defendant Fact Sheet on each of the cases in the Initial Discovery …
-
njcourts.gov
… We presume the parties are familiar with the pertinent facts and procedural history leading to this appeal, which … together, co-owned their dwelling, and have a child in common. Defendant moved out of the residence but returned … returned to harass him. The trial court made findings of fact and conclusions of law in an oral decision. The court …
-
njcourts.gov
… guidelines. The full Board based its decision on numerous factors, including: the facts and circumstances of the offense; Lumumba's extensive … he 3 A-1997-22 was sentenced for multiple offenses; his commission of a new offense while on probation, though his …
-
njcourts.gov
… OF NEW JERSEY UNITED STATES FIRE INSURANCE | LAW DIVISION COMPANY | Plaintiff, | | OCEAN COUNTY v. | | CIVIL ACTION … Richmond, LLC (“Machane”). The Court briefly summarizes the facts pertinent to this Motion. Machane operated a summer … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
-
njcourts.gov
… that order, 1 We note defendant's appeal brief fails to comply with the Court Rules. Although we might have … A DISPUTE WHERE THERE WAS A GENUINE ISSUE OF MATERIAL FACT OVER SERVICE OF THE UNDERLYING MOTION. POINT IV THE … BIAS[ED]. POINT V THE COURT'S DECISION WAS NOT BASED ON THE FACTS BEFORE IT, BUT RATHER MERELY ON THE JUDGE'S PERSONAL …
-
njcourts.gov
… Transit Corporation (NJT) summary judgment dismissing his complaint with prejudice. We affirm. In August 2019, … could not survive summary judgment because the undisputed facts showed the attack was unprovoked and without … any affidavits, show there is no genuine issue of material fact , and the moving party is entitled to judgment as a …
-
njcourts.gov
… October 12, 2022 Law Division order dismissing his verified complaint with prejudice and denying his request for counsel … for further proceedings. We discern the following material facts from the record. On April 8, 2022, plaintiff sent an … [d]efendant[s'] records f[e]ll under any of the various factors [d]efendant[s] listed (reasonable expectation of …
-
njcourts.gov
… hearing. We affirm. In a prior appeal, we detailed the facts involving defendant's participation in the murder of … conviction by a jury of: second- degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1; first- … PCR, the court determines there are material issues of fact that cannot be resolved based on the existing record, …
-
njcourts.gov
… to show cause for temporary restraints and dismissing his complaint without prejudice. The trial court ruled there was … legal principles, we remand to the trial court for further fact-finding and to permit discovery as 3 A-2654-23 needed … We presume the parties are familiar with the pertinent facts and procedural history, which we need only briefly …
njcourts.gov
… of ice while going down exterior stairs in defendant's commercial apartment complex. The trial court granted … be proven here, we affirm. We briefly recite the pertinent facts from the summary judgment record, viewing them in a … rule does not preclude a jury from hearing "questions of fact such as, but not limited to, when the storm concluded …