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… and substantive grounds, asserting the PCR court: made no factual findings in support of its decision denying his … direct appeal and assume the reader's familiarity with the facts supporting that opinion. State v. Gumbs, No. A-5148-12 … (count six); and second-degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:35-5(a) and N.J.S.A. …
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… manslaughter charge. We affirm. I. We incorporate the facts and procedural history set forth in our prior opinion, … and sentence on direct appeal. We only recite the pertinent facts to the present appeal. In the early evening of April … Street in East Camden. In the neighborhood was "a housing complex, a church, a learning academy, a salvation army …
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… from the municipal court's denial of its motion to dismiss complaints alleging violations of the Borough of Beach … found that the [sign] ordinance applies to the sign. So the fact that that's happened . . . I don't find that any of 9 … personal animus toward defendant and its owner, and the fact that the Borough issued sign permits to Bay Village and …
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… v. IRMA LAGE, Defendant, and GEICO INSURANCE COMPANY, Defendant-Respondent. … names of individuals with knowledge of any of the relevant facts. In response, Bartsch generally identified "all … with him. When Bartsch later named her husband as a fact witness at trial, Geico claimed undue surprise and …
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… Romero's work was exemplary and he received several commendations from his employer. However, Romero admits that … by Oxfeld Cohen to reconsider its decision and correct factual errors in the January 31, 2005 letter, PFRS issued a … fees. The court found numerous disputed issues of material fact existed with respect to nature of the fee arrangement …
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… John Does 1-5 (collectively defendants), and dismissing her complaint with prejudice. In her complaint, plaintiff … plaintiff had failed to raise disputed issues of material facts required to establish a prima facie case of … summary judgment motion and affirm. We derive the following facts from evidence submitted by the parties in support of, …
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… defendant was on juvenile probation at the time of the commission of the offenses. The custodial term imposed by … of review also applies to mixed 8 A-0933-17T4 questions of fact and law. Id. at 419-20. Where, as here, an evidentiary … our authority "to conduct a de novo review of both the factual findings and legal conclusions of the PCR court." …
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… The subject property is located within the "Light Manufacturing Office/Light Industrial Zone" (LM Zone) under the … are restricted to certain activities including "[l]ight manufacturing," and "warehousing or storage of goods and … Jackson Twp. Ord. § 244-62(A)(8), (17), http://ecode360.com/15721432. http://ecode360.com/15721432 3 A-1620-15T4 …
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… following reasons, we affirm. I. We derive the following facts from the evidence presented at trial. During the … than one defendant, the trial judge instructed the jury: Ladies and gentlemen, obviously, we have more than one … a knowing, intentional control of a designated thing, accompanied by a knowledge of its character. Thus, a defendant …
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… police officer that he had seen a person who matched the composite picture police had produced in the Schwartz … WERE CALCULATED WITHOUT REFERENCE TO APPLICABLE MITIGATING FACTORS. 7 A-1191-15T1 In a pro se brief, defendant raised … a careful Cofield1 analysis" and that "the Cofield factors were satisfied." Davis, slip op. at 11, 13. We …
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… the claim was time-barred and defendant failed to allege facts showing the delay was due to excusable neglect. The … succeed on the merits." Ibid. The court must view the facts "in the light most favorable to defendant." Ibid.; see … late filing of a petition is equated with incorrect or incomplete advice, long-convicted defendants might routinely …
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… the Board correctly applied N.J.S.A. 43:15A-7.2(a) to the facts. The statute was adopted to address perceived abuses … See A. Boxer, State of New Jersey Office of the State Comptroller, Improper Participation by Professional 3 … as background, we consider the essentially undisputed facts. In November of 2009 and 2010, the Township adopted …
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… CORPORATION, Plaintiff-Appellant, v. MAINARDI MANAGEMENT COMPANY, LP and UNION MEDICAL PARK, LLC, … we affirm. II. Res judicata, or claim preclusion, embodies "the principle that public policy and welfare require a … free and untrammeled opportunity of presenting all of the facts pertinent to the controversy." McNeil v. Legislative …
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… Capitol's motion moot. I. We discern the following facts from the record, viewed in the light most favorable to … the initial contract were the Somerset Educational Services Commission (Somerset), a public entity tasked with … 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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… applicability of the automobile exception under Witt to the facts of this case. Subsequently, we issued an order … exception under Witt inapplicable. We summarize the facts from the record on defendant's suppression motion. … Gerardo Rivera-Robles arrived by car at the apartment complex designated for the physical exchange of drugs and …
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… Natali, and Bishop-Thompson. On appeal from the New Jersey Commissioner of Education, Docket No. 159-7/20. Marc H. … 's decision. I. We briefly recount the relevant facts as developed before the ALJ. Petitioner began her … legislative enactment[,] . . . frustrate[s] the policy embodied in the statute . . . [or] is plainly at odds with the …
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… Plaintiffs-Appellants, v. REUSSI CAPITAL LIMITED LIABILITY COMPANY, d/b/a REUSSI CAPITAL, LLC, 501 LAKE TERRACE, LLC, … cause of the sale. We affirm. I. We derive the following facts from the motion record viewed in the light most … to one for summary judgment since plaintiffs relied on facts outside of their pleadings in their opposing papers. …
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… under Rule 4:50-1. We affirm. I. We discern the following facts and procedural history from the record on appeal. The … and received a $13,855.62 bonus. Both parties have rental income, defendant receiving approximately three times more … 11 A-3494-19 Here, the motion judge rejected defendant's factual assertions that he claimed supported a finding that …
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… a new trial pursuant to Rule 3:20-1. We glean the following facts from the record. S.G.1 and defendant began dating in … written, personal, electronic, or other form of contact or communication with" S.G. At around 7:15 a.m. on December 5, … to S.G.'s car due to the quality of the video and the fact he had never met defendant before. 7 A-0153-20 The …
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… Rules 4:50-1 and -2. We affirm. I. We derive the following facts and procedural history from the motion record. The … children. On January 18, 2018, plaintiff filed a complaint for divorce against defendant. In late 2019, … family actions, the court may also grant additional remedies as provided by R[ule] 5:3-7." Pressler & Verniero, …