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… of a weapons offense. I. The pertinent and unrebutted facts that emerged at the suppression hearing are as … and sirens, the Taurus continued to proceed slowly after completing the left turn. The Taurus eventually pulled over … is well established. We must defer to the trial court's factual findings from the suppression hearing, so long as …
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… from a January 28, 2019 order dismissing his amended complaint against defendants Monmouth County Prosecutor's … contraband from his illegal sports pools. We set forth the facts in our prior opinions, the first affirming the … matter was resolved favorably to him was a question of fact, and if the court agreed that the State and the …
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… and vacate and remand in part. I. We derive the following facts and allegations from the record. Defendant resided … Defendant was born and raised in Haiti and has limited command of the English language. Due to difficulties in … he completed high school/college in Haiti, where he studied journalism. He confirmed he was sober, not on …
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… seized his clothes but remand for more explicit findings of fact and conclusions of law by the trial court. In an oral decision, the trial court made findings of fact based on the evidence adduced during the suppression … retriev[ed defendant's] clothes after the interrogation was completed[.]" That procedure entailed defendant "being …
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… October 18, 2019 Chancery Division order dismissing their complaint and compelling arbitration. We affirm. On March … pursuant to the contract and Butler Nissan alleged dissatisfaction about the installation and products used. Thus, she … case. They further assert the judge failed to analyze the facts under the CFA. We apply a de novo standard of review …
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… April 4, 2019 order that dismissed plaintiff's amended complaint with prejudice.1 Plaintiff, "a governmental entity … and has not participated in this appeal. We recite the facts alleged in plaintiff's amended complaint. See, e.g., … for failure to state a claim, "courts must 'assume the facts as asserted by plaintiff are true and give [it] the …
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… Dariusz Bystrowski. We reverse and remand. The following facts are derived from the evidence presented in support of, … if the case went to trial, the jury would find plaintiff comparatively negligent. The judge then commented that she … following points: POINT I THERE WERE SUBSTANTIAL MATERIAL FACTS SO AS TO DEFEAT THE MOTION FOR SUMMARY JUDGMENT FILED …
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… of ineffective assistance of counsel. We take the following facts from the record. An Atlantic County grand jury … possession of a firearm while in the course of committing a violation of N.J.S.A. 2C:35-5(a)(1), N.J.S.A. … CDS with intent to distribute. He then provided an adequate factual basis for his plea to each count. The court found …
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… Jersey, Law Division, Essex County, Docket No. L-7691-17. McOmber McOmber & Luber, PC, attorneys for appellant (R. … 3 A-4206-19 actions because a genuine issue of material fact exists as to whether plaintiff suffered an "adverse … action that makes plaintiff completely whole and remedies a prior decision cannot constitute an adverse …
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… WASHINGTON HOLDINGS, LLC, a New Jersey Limited Liability Company, Defendants. _______________________ Argued April … Because there existed genuine issues of material fact regarding who owned the funds, we reverse both orders, … any, over the account. The judge said he struggled with the fact that a [transfer on death] account was "plated" with …
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… was amended to incorporate four victims, all of whom were encompassed in the fourteen-count indictment returned against … SENTENCE, BASED UPON THE JUDGE'S FINDING THAT NO MITIGATING FACTORS WERE PRESENT, WAS EXCESSIVE, AND SHOULD EITHER BE … suppress the revolver. In an oral decision, the judge made factual findings consistent with Redmond's testimony, which …
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… in violation of N.J.S.A. 2C:29-9(b)(1) claiming the factual basis for his guilty plea was inadequate. We agree, … point defendant raises.1 I. We discern the following facts from the record. On January 25, 2017, a final … exchange for defendant's guilty plea, the State agreed to recommend a four-year prison sentence, subject to the No Early …
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… his attorney failed to adequately prepare a defense and communicate with him about his potential diminished capacity … that he and counsel "spent a lot of time going over the facts of the case," including 1 Apparently relying on his … signed for was not a felony at all But an aggravating [sic] factor." Once counseled, he submitted a supplemental …
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… defendants' request for attorney fees. We affirm. I. Factual background. The trial revealed the following facts. On December 14, 2016, defendants and plaintiff's … or availability of material[,] whichever is later" to complete the project, the forty-five day timeframe was a …
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… MURDER, THE JUDGE FAILED TO PROPERLY APPLY THE YARBOUGH[3] FACTORS OR TO CONSIDER TESTIMONY[,] WHICH SUGGESTED THAT THE … were standing on a sidewalk in front of a housing complex in Elizabeth. Orlando, who Antonio knew, approached, … stated that was "ultimately . . . for . . . the trier of fact to determine."7 when she performed her analysis, the …
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… LORRAINE COOPER, Plaintiff-Appellant, v. CNA INSURANCE COMPANY, Defendant-Respondent. _____________________________ … clarifying that its decision was not based on the fact that Ms. Kaunga was not licensed, but was based on the … 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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… Judges Vernoia and Susswein. On appeal from the New Jersey Commissioner of Education, Docket No. 187-7/16. Stephen B. … is reasonable requires consideration of whether the facts supporting a board of education's decision are as the … the board of education to conclude as it did based on the facts presented. 60 N.J. Super. 288, 296-97 (App. Div. …
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… Plaintiff was transported to a hospital, where she complained of pain in her neck, right wrist, and left thumb. … shows "that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … opined that "[n]o further treatment or diagnostic studies are indicated or medically necessary . . . ." He stated …
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… the home on Sunday, [September 30, 2018] . . . and did not come home until [October 2, 2018]." Further, Mae informed … is not a party to this appeal and was not involved in the fact-finding hearing. 4 A-1989-19 birthday. His mother told … defendant in Virginia. III. The trial court conducted a fact-finding hearing on March 11, 2019. Defendant appeared …
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… order in favor of defendants, our recitation of the facts is derived from the evidence submitted by the parties … injury and Robert's per quo claim for loss of her services, companionship, and society because it failed to repair a … risk of danger known by the Township and sought to be remedied, the greater the need for urgency." Ibid. Although …