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… without an evidentiary hearing. We affirm. I. The detailed facts in this case were previously set forth in our opinion … charging defendant with second-degree conspiracy to commit first- degree robbery, N.J.S.A. 2C:5-2, :15-1 (count … de novo standard also applies to mixed questions of law and fact. Ibid. Where an evidentiary hearing has not been held, …
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… 13, 2018 order setting his child support based on the income imputed to him in the property settlement agreement … is lower paying than his prior creative work, it is steadier work with ample opportunity for sustained employment … a determination without a hearing, especially when material facts are at issue. N.J. Div. of Youth & 8 A-3815-17T2 …
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… cases is limited. R. 1:36-3. 2 A-1323-17T2 The following facts are taken from the trial record. Plaintiff appeared … The judge then denied defendant's motion and found the facts here distinguishable from the law cited because the … the tree was located on his front lawn, and there were no complaints of branches falling from it, or other problems …
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… acceptance into PTI is dependent upon an initial recommendation by the Criminal Division Manager and consent of … In support of her objection, the prosecutor relied upon factors one, the nature of the case; two, the facts of the case; seven and fourteen, 4 A-0599-17T4 the …
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… the caseworker, who took photographs. Anna's bedroom was "completely cluttered" with "no space to walk into." Penny's … and N.J.S.A. 30:4C-12 and custody of the children. At the fact-finding hearing in January 2014, the caseworker … interview; she "kept bringing the conversation back to the fact that [John] had cheated on her." She had allowed John …
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… Judges Haas and Mitterhoff. On appeal from the New Jersey Commissioner of Education, Docket No. 161-7/15. Hop T. … in mind, we turn to the specific, and undisputed, facts of this case. Since September 1991, the District has … as a supplement to the established program of studies in the classroom in order to enrich the learning and …
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… and also interviewed witnesses, [and a] rape kit was completed . . . ." Defendant opposed the motion. The trial court granted plaintiff's motion, finding the facts as we have related them. The court found exceptional … "Although deference will ordinarily be given to the factual findings that undergird the trial court's decision, …
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… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State nor a prior indication from the … written decision setting forth detailed findings of fact and conclusions of law. Therefore, a summary will … a motion to suppress evidence, we must uphold the judge's factual findings, "so long as those findings 3 Bossick was …
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… 2015 and June 2016. The State of New Jersey agreed to recommend concurrent ten-year terms of imprisonment, subject … REVIEW AND FAILED TO FULLY AND FAIRLY CONSIDER THE REVEVANT FACTS. 4 A-0360-17T4 A. A Remand is Required Because the … Judge Did Not Fully and Fairly Consider All the Relevant Facts. POINT II RESENTENCING IS REQUIRED BECAUSE THE JUDGE …
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… Service, Inc., a/k/a T.U.C.S. Cleaning Services (Viscomi & Lyons, attorneys; Daniel Kaye, on the brief). PER … The motion judge found there were no issues of material fact for a jury to resolve because New York's "storm-in … was an inadmissible net opinion because the expert lacked a factual and scientific foundation to support his theory of …
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… motion for reconsideration of a prior order1 dismissing its complaint, which protested certain taxes and fees. We … of subject matter jurisdiction. Finding disputed issues of fact precluded summary judgment, Judge Mark Cimino denied … scheduled an evidentiary hearing. We derive the pertinent facts from the evidence adduced at the motion hearing. …
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… 2C:39-5(b) (count two); second-degree possession of a community gun while engaged in criminal activity, N.J.S.A. … the number of jail credits. We gather the following facts from the record developed at the suppression motion. I … grant or deny a suppression motion, [we] 'must defer to the factual findings of the trial court so long as those …
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… Defendant certified when he was arrested by police he "was committing no crime and was on [his] way to the police … a reasonable likelihood that his or her claim, viewing the facts in the light most favorable to defendant, will … R. 3:22-10(e). "Rather, defendant must allege specific facts and evidence supporting his allegations." State v. …
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… the cab. Mondragon testified that based primarily upon the fact that they were heading into "a bad area," Mondragon … for about five to ten minutes, after which defendant's companion persuaded defendant to release the bag and leave. … by the court that there are material issues of disputed fact that cannot be resolved by reference to the existing …
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… contended there were no genuine issues of material fact proffered by plaintiff that could support a finding … that recklessness was the applicable standard under the factual circumstances, and plaintiff failed to plead … motion judge granted defendants' motion and dismissed the complaint without analyzing whether defendants' conduct met …
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… opinion. The Division claimed that defendant father I.B. committed an act of sexual abuse against his five-year-old … judges "'to understand the evidence or to determine a fact in issue.' N.J.R.E. 702; [N.J. Div. of Youth & Family … the reasons discussed at length in his decision after the fact-finding hearing in 2012, the judge pronounced himself …
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… denying its motion to dismiss plaintiff's class action complaint and compel arbitration. We reverse. We take the following facts from the record. In November 2015, plaintiff Joseph … to dismiss, finding "[p]laintiff . . . raised issues of fact regarding whether the TCCWNA is applicable to his …
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… appeal from an October 2, 2017 order dismissing their complaint and compelling arbitration. We affirm. On February … car repaired. When the issues with the vehicle were not remedied, plaintiffs filed a complaint on or about June 16, … the matter, requesting the motion judge provide findings of fact and conclusions of law in accordance with Rule …
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… relief (PCR). We affirm. I. We set forth the facts surrounding defendant's conviction in our opinion on … Police charged defendant with (1) criminal attempt to commit murder, first-degree, contrary to N.J.S.A. 2C:11-3; … (1992). 5 A-1518-17T3 Although the judge "should view the facts in the light most favorable to the defendant," State …
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… Plaintiffs-Appellants, v. MARINA DISTRICT DEVELOPMENT COMPANY, LLC, d/b/a BORGATA CASINO HOTEL & SPA, … conditions, have presented a material dispute of facts regarding defendant's application of the PAS weight … (3) Kennelly was required by her shift manager Diane Hardie to wear a maternity costume in the early stages of her …