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njcourts.gov
… there exists a genuine issue with respect to a material fact challenged requires the motion judge to consider whether the competent evidential materials presented, when viewed in the … evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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njcourts.gov
… sex offender treatment. Defendant also was ordered to comply with Megan's Law and was subject to Parole … HIM. POINT TWO THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW ON [DEFENDANT]'S CLAIM THAT HIS … THERE IS A REASONABLE PROBABILITY THAT IF . . . DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE …
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njcourts.gov
… of the various motor vehicle 3 A-2538-18T3 violations committed by defendant." We therefore affirm substantially … found "credible,"1 Judge Rodriguez made the following key factual findings: On March 23, 2017, at approximately 9:18 … 470 (1999))). In support, Judge Rodriguez pointed to the fact that defendant was "traveling at a high rate of speed, …
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njcourts.gov
… Gwendolyn Blue's cogent and well-reasoned oral opinion accompanying the order. We incorporate herein the facts set forth in State v. Angelino, No. A-4791- 14 (App. … the judge's findings on aggravating and mitigating factors," we remanded for resentencing defendant's aggregate …
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njcourts.gov
… retirement benefits. We affirm. The procedural history and facts of this matter are fully set forth in the Board's … terminated Hornick from this position for conduct unbecoming a public employee and neglect of duty. Specifically, … Board rejected this request because none of the material facts were in dispute and, therefore, the "Board was able to …
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njcourts.gov
… (PCR) without an evidentiary hearing. We affirm. I. The facts and procedural history in this matter were previously … defendant's conviction and sentence. We briefly restate the facts pertinent to this appeal. On August 30, 2012, … ineffective for failing to bring the probation officer's comment to its attention because the trial court made it …
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njcourts.gov
… terminated plaintiff after allegedly learning that she had committed parking theft. After her termination, plaintiff … that there are no genuine disputes as to any material facts, and if so, whether the facts, viewed in the light most favorable to the non-moving …
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njcourts.gov
… from the orders denying her leave to file an amended complaint and the subsequent dismissal of the complaint. … of law, we affirm. We provided a thorough recitation of the facts in a prior decision in this matter, and therefore do … "proposed amended complaint set[] forth entirely new facts and events to support her claim," it could not relate …
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njcourts.gov
… DIVISION DOCKET NO. A-2929-17T2 IN THE MATTER OF THE CIVIL COMMITMENT OF R.V., _____________________________ Submitted … and applicable legal principles, we reverse. I The salient facts are these. On February 12, 2018, the court entered a … in the form of an opinion or otherwise. This rule embodies the requirement that a witness who provides specialized …
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njcourts.gov
… we affirm. 3 A-0170-19T4 We recite only the pertinent facts, which are gleaned from the testimony of the only … detected the odor of alcohol emanating from the passenger compartment of the Dodge. Detective Durning was concerned … court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so …
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njcourts.gov
… DEGREE RACKETEERING. POINT II THERE WAS NO ADEQUATE FACTUAL BASIS FOR THE IMPOSITION OF NERA APPLICATION IN THE … defendant's conviction and sentence and add the following comments. Defendant and multiple co-defendants were charged … or operating a CDS production facility, third-degree manufacturing/distribution of CDS or intent to …
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njcourts.gov
… 27, 2017 Family Part order which, among other things, compels him to contribute toward the parties ' children's … the existence or validity of the written agreement. In fact, the following exchange occurred during colloquy … court's decision is limited. We must defer to the court's factual findings, so long as they are supported by …
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njcourts.gov
… were addressed in March 2018. Defense counsel had another commitment when the matter was heard again in April 2018, so … at that hearing. Specifically, they discussed the fact that the State Police refused to release the in-station … judge must make 6 A-5668-18T1 independent findings of fact and conclusions of law but defers to the municipal …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … Locicero, (from the law offices of Giblin & Gannaio). FACTUAL BACKGROUND On or about December 29, 2012, a member … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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njcourts.gov
… February 21, 2017 A-5281-14T3 2 I The tenant filed a complaint in Small Claims Court seeking the return of $2500 … she testified she moved into the premises in 2011 and, in fact, lived in the premises for six and not four years. … on June 1, 2015. The court did not make a finding of fact whether the landlord waived the late fee in the manner …
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njcourts.gov
… Specifically he argues: BECAUSE DEFENDANT FLED BEFORE HE COMMITTED ANY OFFENSE, AND BECAUSE HE WAS SUBSEQUENTLY … record and the applicable legal principles. We affirm. The facts surrounding defendant's arrest and conviction are not … commission of the purported crime is another question of fact for your determination. The state alleges that …
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njcourts.gov
… of a June 6, 2014 order dismissing his fifth amended complaint with prejudice, and other orders. After reviewing … the trial court did not in its December 19, 2014 order in fact dismiss any additional defendants. There were no … PLAINTIFF'S MOTIONS OR DISMISSING SAME WITHOUT STATING FACTS OR REASONS POINT III: PLAINTIFF-APPELLANT'S FACTS, …
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njcourts.gov
… most favorable to defendant, created a material dispute of fact as to whether defendant's second trial attorney … possession for an unlawful purpose, in exchange for a recommended sentence of six years, with a three year parole … the court to accept his guilty plea with an inadequate factual basis.2 In a written opinion, the PCR judge reasoned …
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njcourts.gov
… child, N.J.S.A. 2C:24-4(a); and fourth-degree violation of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d). … (1984). C. THE RECORD CONTAINED MATERIAL ISSUES OF DISPUTED FACTS. POINT II THE PCR COURT'S DECISION SHOULD BE REVERSED … (2005). We give deference to a trial judge's findings of fact as long as those facts are supported by substantial, …
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njcourts.gov
… October 6, 2016 order dismissing with prejudice plaintiff's complaint against defendants Latife A. Nasser and Louay … favorable to plaintiff, his complaint states the following facts. Jehad Daher was the sole member of Louay Associates, … plaintiff filed a certification, setting forth his factual allegations in greater detail. In his certification, …