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njcourts.gov
… without an evidentiary hearing. We previously set forth the facts in this matter in State v. Patrick, A-5597- 13 (App. … 2016) (slip op. at 2-11) and need only repeat the pertinent facts and procedural history. After a jury convicted … the following issue on appeal: POINT ONE: The Trial Court Committed Reversible Error in Denying Appellant's Motion for …
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njcourts.gov
… PURSUANT TO ALLEYNE. A. Alleyne's Edict That Any Fact That Increases The Mandatory Minimum Is An "Element" … United States, 570 U.S. 99 (2013). 3 A-5510-16T3 SENTENCING FACTORS IT FOUND; A REMAND IS ALSO REQUIRED TO CORRECT THE … R. 2:11-3(e)(2), and offer only the following brief comments. Defendant argues the court's imposition of a …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2014-25491. Martin Melody, … justifications on the record or in a written opinion. "The factual findings of the compensation court are entitled to … or memorandum decision, either written or oral, find the facts and state [his or her] conclusions of law thereon in …
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njcourts.gov
… the briefs). A.C., respondent pro se. PER CURIAM Plaintiff commenced this action, pursuant to the Prevention of … testified, the trial judge rendered detailed findings of fact and entered an FRO in plaintiff's favor. On appeal, … the following brief comments. Our review of a trial judge's fact-finding function is limited. Cesare v. Cesare, 154 N.J. …
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njcourts.gov
… written opinion summarizing its exhaustive findings of fact, detailed credibility findings, and well-reasoned … its December 30, 2021 decision. We add the following brief comments. Our review of a trial court's fact-finding in a non-jury case is limited. Seidman v. …
njcourts.gov › attorneys › rules of court
… 1:20- 1(b) and Rule 1:28-2, to the Disciplinary Oversight Committee and the New Jersey Lawyers' Fund for Client … by a detailed affidavit setting forth specifically the facts and all reasonable efforts of search, inquiry and …
njcourts.gov
… it must have a “tendency in reason to prove or disprove” a fact. N.J.R.E. 401. Necessarily, for evidence to be relevant, it must also be material. A material fact is one which is really in issue in the case. (pp. … around the block. Moments later, Craig heard two gunshots coming from inside the building. Craig waited a moment and …
njcourts.gov
… appeal from the May 6, 2022 order denying their motion to compel arbitration and stay further litigation with … It argued there were "inter-related claims and . . . factual issues, whether it be efficiencies . . . and … failed to comply with Rule 1:7-4(a) because no findings of fact or conclusions of law regarding defendants' motion to …
njcourts.gov
… LLC, Plaintiffs-Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant-Respondent. _________________________ … motion court found plaintiffs failed to allege sufficient facts supporting a finding of coverage under the policy. The … parties 12 A-0402-21 will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010) (citations omitted). We …
njcourts.gov
… YMCA, Plaintiffs-Appellants, v. THE NORTH RIVER INSURANCE COMPANY, UNITED STATES FIRE INSURANCE COMPANY, and … in the judge's statement of reasons. I. We glean these facts from the motion record, viewed in the light most … with their "plain and ordinary meaning." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). "If the language is clear, …
njcourts.gov
… misrepresentations; the application omitted a critical fact relating to the victim's credibility, and the police affiant improperly discussed the facts of the case with the municipal court judge before he … not wish to obtain a temporary restraining order (TRO) or complete an affidavit that evening. Because P.K. was heavily …
njcourts.gov
… While she did not attend the college defendant had recommended, the school she attended was apparently less … was aware his daughter would be attending college, and, in fact, he visited at least one college with her. Moreover, … 347 N.J. Super. 33, 39 (App. Div. 2002). "The key ingredients" to the applicability of laches "are knowledge and …
njcourts.gov
… for further findings consistent with this opinion as to the factual underpinnings of the search of M.V. On January 26, … of the residents, including M.V., and that S.V. had been compelled by another resident to transmit sexually explicit … Perry, 59 N.J. 383, 393 (1971)). "When the adequacy of the facts offered to show probable cause is challenged after a …
njcourts.gov
… Psychiatric Hospital ("GPPH"). We discern the following facts from the record, which includes video footage of the … "interventions" to deal with difficult, aggressive, or non-compliant patients without force. 2 A psychotropic emergency … and considered the video—made the following findings of fact: 9 A-1308-21 1. [Petitioner] was trained in distancing …
njcourts.gov
… Rule 4:9-3, named Dr. Lessig as a defendant in an amended complaint after the expiration of the SOL. Following our … a rehabilitation facility. We limit our recitation of the facts and procedural history to the relevant issues … the non-moving party, are sufficient to permit a rational fact-finder to resolve the alleged disputed issue in favor …
njcourts.gov
… DOCKET NO. A-0621-23 JERSEY SHORE BEACH AND BOARDWALK COMPANY, INC., a/k/a JERSEY SHORE BEACH & BOARDWALK INC., … years as owned by the Borough . . . the . . . Borough in fact does not own the substantial majority of Lot 3 (and/or … 7021 permitted expert testimony to assist "the trier of fact." Further, the Borough argued "there [we]re ambiguities …
njcourts.gov
… purchasers from enduring unacceptable burdens caused by manufacturing defects. Among other things, the Lemon Law … who timely report such manufacturing defects "specific remedies where the uncorrected defect substantially impairs the … judgment. 4 A-0396-23 I. The pertinent facts are not complicated. As noted, we consider them in a light most …
default
… the trial court granted. At the time, however, due to a miscommunication, the prosecutor was unaware that the Office of … trial took place in December 2016. Essentially, the same facts that led to defendant's arrest and conviction that … again adduced at the new trial. The Court summarized those facts in its earlier opinion. See Cope, 224 N.J. at 537-38. …
njcourts.gov
… was sufficient credible evidence supporting the court's factual findings and determination, we affirm. I. Defendant … referral. According to the caseworker's testimony at the fact-finding hearing and her report that was admitted in … said she wanted her parents "to stop hitting us." Prior to completing Ida's interview, the caseworker determined Ida …
njcourts.gov
… cases is limited. R. 1:36-3. April 20, 2018 2 A-0325-16T1 complaint, and a September 16, 2016 order denying … "that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … standard, are sufficient to permit a 4 A-0325-16T1 rational factfinder to resolve the alleged disputed issue in favor of …