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… or memorandum decision, either written or oral, state the facts and . . . its conclusions of law . . . on every motion … without remanding for the judge to state findings of fact and conclusions of law because we were able to decide … place before this petition was filed. Nonetheless, the outcome of an untimely second PCR petition is not predetermined …
njcourts.gov
… appeal, plaintiff argues that a genuine issue of material fact existed as to constructive notice that should have been … Am., 142 N.J. 520, 523, 540 (1995), reveals the following facts. At approximately 9 a.m. on April 11, 2016, plaintiff … to her back and right leg. In March 2018, plaintiff filed a complaint in the Law Division alleging defendant's …
njcourts.gov
… record; his incarceration for multiple offenses; the fact that his prior opportunities on parole, prior … parole plan to assist in successful reintegration into the community; and the commission of the current offenses while … understanding of his behavior. In regards to mitigating factors, the panel noted that Garnett was infraction free; …
njcourts.gov
… there was a substantial likelihood McGlotten would commit a new crime if he was released, the panel cited numerous reasons, including but not limited to: the facts and circumstances of the murder offense; 3 A-0598-18T4 … community. The panel also acknowledged several mitigating factors, including but not limited to: opportunities on …
njcourts.gov
… evaluate 3 A-3286-18T4 him to determine if he was mentally competent or suffered from diminished capacity. Defendant … of PCR, the court determines there are material issues of fact that cannot be resolved based on the existing record, … 354 (2013) (citing R. 3:22-10(b)). The court must "view the facts in the light most favorable to a defendant." State v. …
njcourts.gov
… substantial risk to himself, or to give prompt fire alarm, commits a crime. . .if: (1) He knows that he is under an … legal duty to prevent or combat a fire, will be highly fact-sensitive. If necessary, the Court should not hesitate to tailor this charge to better fit the facts before the jury. Page 1 of 2 Page 2 of 2 … Approved …
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njcourts.gov
IN RE: ALLODERM® LITIGATION MICHAEL SIMINERI and KAREN SIMINERI, h/w, Plaintiffs, v. LIFECELL CORPORATION Defendant. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY CASE CODE NO. 295 CIVIL ACTION SUPERIOR COURT OF NEW JERSEY LAW DIVISION: …
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njcourts.gov
… 08903-964 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS Memorandum of Decision on Plaintiffs' … that it has a "tendency in reason to prove or disprove any fact of consequence to the determination of the action." … logical connection between the proffered evidence and a fact in issue." Furst v. Einstein Moomjy, Inc., 182 N.J. I, …
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njcourts.gov
… or memorandum decision, either written or oral, state the facts and . . . its conclusions of law . . . on every motion … without remanding for the judge to state findings of fact and conclusions of law because we were able to decide … place before this petition was filed. Nonetheless, the outcome of an untimely second PCR petition is not predetermined …
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njcourts.gov
… there was a substantial likelihood McGlotten would commit a new crime if he was released, the panel cited numerous reasons, including but not limited to: the facts and circumstances of the murder offense; 3 A-0598-18T4 … community. The panel also acknowledged several mitigating factors, including but not limited to: opportunities on …
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njcourts.gov
… A-4412-15T2 We derive the following procedural history and facts from the record. On May 20, 2008, defendant executed … was mailed, and on August 12, 2009, Wells Fargo filed the complaint for foreclosure. Wells Fargo engaged in concerted … DIVISION MUST DECIDE WHETHER THE TRIAL COURT'S FINDING OF FACT AND CONCLUSION OF THE LAW FELL SHORT AS TO [WELLS …
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njcourts.gov
… KLEIN, Plaintiffs-Appellants, v. FRANKLIN MUTUAL INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Respondent, v. … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … "evidence that creates a 'genuine issue as to any material fact challenged.'" Brill, supra, 142 N.J. at 529 (quoting R. …
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njcourts.gov
… his Guardian ad Litem, Plaintiff-Appellant, v. NEW COMMUNITY CORPORATION, Defendant-Respondent, and CELESTE M. … to by the landlord." Ibid. The judge found neither of these factors applied to the case at bar. NCC also did not agree to allow dogs on the leased premises—in fact, its leases prohibited such. The judge reasoned that …
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njcourts.gov
… November 28, 2017 2 A-0302-16T4 We take the following facts from the record. Following a bench trial, a judgment … $24,638.94. The judgment also denied Hall an executor's commission. The $44,570.70 due to the Estate was to be used … argues that the judge failed to make adequate findings of fact. The contention is without sufficient merit to warrant …
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njcourts.gov
… record; his incarceration for multiple offenses; the fact that his prior opportunities on parole, prior … parole plan to assist in successful reintegration into the community; and the commission of the current offenses while … understanding of his behavior. In regards to mitigating factors, the panel noted that Garnett was infraction free; …
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njcourts.gov
… and County of Union. We affirm. These are the undisputed facts. Snow fell heavily on January 26, 2015. A snow … party, there is no genuine dispute as to material fact and the moving party is entitled 4 A-4707-17T2 to … judge's findings of fact are undisputed. The issue thus becomes a purely legal one. Defendant's decision to plow the …
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njcourts.gov
… count. During jury voir dire, the trial judge reviewed the facts of the case , including defendant's prior offense, … you may not decide that just because the defendant has committed a prior crimes, she must be guilty of the present … point 6 A-3529-16T2 at which the trial court's curative remedies "over-sanitize" the prior conviction such that the jury …
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njcourts.gov
… evaluate 3 A-3286-18T4 him to determine if he was mentally competent or suffered from diminished capacity. Defendant … of PCR, the court determines there are material issues of fact that cannot be resolved based on the existing record, … 354 (2013) (citing R. 3:22-10(b)). The court must "view the facts in the light most favorable to a defendant." State v. …
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njcourts.gov
… 9, 2017 2 A-4764-15T4 We discern the following relevant facts from the record. Defendant was charged in a … a guilty plea to first-degree armed robbery with a recommended sentence of ten years and eighty-five percent … denied, 162 N.J. 199 (1999). A petitioner must "allege facts sufficient to demonstrate counsel's alleged …
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njcourts.gov
… novo conviction entered after the Law Division amended the complaint to reflect defendant had violated William Paterson … conducted a trial de novo and found there were insufficient facts to convict defendant of N.J.S.A. 39:4-135. The judge … AGAINST THE [DEFENDANT], IN DISREGARD OF MATERIAL EXISTING FACTS AND LAWS. When a defendant appeals a decision made by …