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… without an evidentiary hearing. We affirm. The underlying facts, procedural history, and trial court rulings were … In his petition, defendant asserted: (1) trial counsel completely failed to object to the judge's erroneous charge … case, nor are there any disputed issues as to material facts. [Defendant] has not demonstrated how any of the …
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… Super. 404 (App. Div. 2015). 3 A-5793-14T3 The essential facts are undisputed. The Division got a referral in late … County, because nothing was available in Bergen, she had become irate, storming out and choosing instead to expose her … these arguments. As is clear from our rendition of the facts, all that E.C. complains of happened on the very first …
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… judgment resulting in the dismissal of the entirety of her complaint. Plaintiff also appeals discovery orders: denying … I. We begin with a brief background, reciting only those facts and procedural history from the record that are … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… judgment to defendant Michael Lynch dismissing the amended complaint. Russo also appeals the denial of his request for … evidence of conduct that would raise a material issue of fact that should be presented to a jury. Finally, the judge … Evidence of Record Established Genuine Issues of Material Facts. A. The Court Erred in Dismissing Counts One and Two …
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… the denial of his admission to PTI. The State agreed to recommend a non-custodial sentence and the imposition of a … should consider all applicable aggravating and mitigating facts relating to the 9 A-4608-12T2 weapons offenses and PTI … the prosecutors also should consider certain "special facts." Those include whether: (1) the manner and …
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… detective went to where defendant resided and asked him to come to PCPO for an interview. Defendant agreed. The … TO CONSIDER MEDICAL RECORDS SUBSTANTIATING MITIGATING FACTOR ELEVEN, AND CONDUCTED A QUANTITATIVE RATHER THAN … (2005) (citing Galloway, supra, 133 N.J. at 654). "Relevant factors include the defendant's age, education, …
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… and remand. I. Unless otherwise indicated, the following facts were found by the trial court. Defendant owned a unit in plaintiff's 376- unit condominium complex in Lakewood. He was pleased with the services until … The work on the back yard was done to defendant's satisfaction. However, the work on the front yard was never done. …
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… while caring for him. We affirm. I. We derive the salient facts from the record developed at the fact-finding hearing. Defendant, and her husband P.P.,2 are … then be shifted, and such defendants would be required to come forward and give their evidence to establish …
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… to N.J.S.A. 2C:52-2(a)(2). We affirm. The following facts are taken from the record. In 2002, petitioner worked … ordered to perform two hundred and fifty hours of community service and pay fines and fees totaling $1155. … MISUSING, AND MISCHARACTERIZING THE PETI- TIONER'S SATISFACTORY PERFORMANCE OF COMMUNITY SERVICE AS SELF- SERVING. …
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… risk of harm. We affirm. We gather the following facts from the record developed before the Family Part. 1 We … On November 13, 2015, the Division filed a verified complaint and order to show cause (OTSC) alleging … Pursuant to N.J.S.A. 9:6-8.44, the Family Part conducted a fact-finding hearing over a three-day period to determine …
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… children. We affirm. I. The key evidence adduced during the fact finding hearing is as follows: Sara is the mother of … was immaterial because there was an abysmal lack of communication from [Sara] to her children regarding the … training and parenting classes. The court held a four-day fact finding hearing on the allegations of abuse and …
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… written opinion of the same date. We sketched the essential facts in our prior opinion in this matter, Escobar v. Mazie, … about settlement. Following the filing of an amended complaint, defendants made a motion to remove plaintiff as … issue." The mediator also offered his impression of the factors motivating plaintiff in those discussions. Although …
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… car, arguing that the trial court erred in not conducting a complete evidentiary hearing. Because there were disputed … BE REVERSED BECAUSE THERE WERE CONTESTED MATERIAL ISSUES OF FACT THAT REQUIRED THE STATE TO MEET ITS BURDEN OF PROOF AT … 218 N.J. 412, 419 (2014)). When there are disputed material facts, the State must present witnesses at the evidentiary …
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… between defendant's confession and established facts relating to the murders; (6) failed to investigate … the photograph was not overly prejudicial, in light of the fact that defendant admitted to owning guns during his … where he argued that his confession was psychologically compelled by the detectives who interrogated him. Thus, the …
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… defendant's motion to vacate. We reverse. I Defendant, comprised of two members, Oscar Peralta and Christopher … *16 (D. Mass. Sept. 25, 2020) . . . . The judge stated: The fact that [d]efendants may have had a history of financial … charged with the responsibility to fashion equitable remedies that address the unique setting of each case . . . ." …
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… 5, 2018. On February 14, 2019, plaintiff filed an amended complaint against defendants, alleging: (1) breach of … I would say, inappropriately by your client after the fact that we have an agreement." The following additional … Imburgio. In sum, a binding settlement was reached, and embodied in the written agreement defendants' counsel drafted. …
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… v. ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Respondent. Argued February 1, 2021 – … following a three-day jury trial. We affirm. We derive the facts from the testimony elicited at trial. Plaintiff was … injuries. Dr. Sicherman provided testimony that imaging studies done in 2010 and 2016 showed plaintiff had degenerative …
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… Appellant, v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION, Respondent. R.Z., Appellant, v. CATASTROPHIC … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [Allstars Auto Grp., Inc. v. N.J. Motor Vehicle …
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… in a school zone and in exchange for his plea the State recommended a probationary sentence and dismissal of the … and was unable to "process the proceeding" including the fact that he would likely be deported as a consequence of … plea counsel did not have a reason to conclude from the facts and circumstances surrounding his representation that …
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… internal fixation to repair the fracture. Plaintiff filed a complaint against defendants, as owners and operators of the … the cause of her fall, there are no issues of material fact precluding judgment as a matter of law in their favor. … to a jury because there are genuine issues of material fact. The judge denied plaintiff's motion for …