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njcourts.gov
… 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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njcourts.gov
… an instance of abuse or violence, we reverse. We derive the facts from the evidence presented at trial. While married to … to call him at work.2 When the parties appeared for trial accompanied by counsel in January 2016, they agreed to enter … evaluating the totality of the circumstances that that, in fact, was anything more than a disappointed suitor trying to …
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njcourts.gov
… defendant's contentions are without merit. The following facts were adduced at the trial. At approximately 2:30 p.m. … situation, Lavin ordered R.C. to go upstairs. After R.C. complied, defendant opened the door all the way, at which … State v. Cotto, 182 N.J. 316, 327-28 (2005)). Various factors bear on the declarant's opportunity to fabricate, …
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njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY BERGEN … provision is unenforceable. (Flanzman 244 N.J. 119 did in fact find the arbitration clause in that case to be … notes in their reply brief. However, Flanzman did in fact reaffirm the holding of Atalese.) The arbitration …
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njcourts.gov
… reasons expressed by the PCR judge. We add the following comments. We review the legal conclusions of a PCR court de … standard additionally applies to mixed questions of law and fact. Id. at 420. Finally, we use a de novo 2 A motion to … burden, the defendant must allege and articulate specific facts that "provide the court with an adequate basis on …
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njcourts.gov
… Perez Friscia. On appeal from the New Jersey Civil Service Commission, Docket No. 2022-1785. Jared Wichnovitz argued … been removed from the eligibility list due to her "unsatisfactory employment record." Trejo timely appealed to the … that because no "material and controlling dispute of fact exist[ed]," a hearing was not required and the "appeal …
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njcourts.gov
… meet its burden of proof beyond a reasonable doubt that he committed the offense of contempt. We agree and vacate and reverse. We incorporate by reference the facts and procedural history recited in our companion … today for purposes of this appeal. We repeat only those facts necessary to our disposition of the court's finding of …
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njcourts.gov
… its use in other cases is limited. R. 1:36-3. 2 A-0493-22 comply with the process delineated under In re Application … in the course, which "consisted of [fifty] rounds of factory ammo fired in a timed fire sequence drill," 3 … DIRECTIVE #06-19. POINT 2 THE COURT BELOW ERRED BECAUSE NO FACTS WERE PRESENTED BELOW SHOWING THAT PETITIONER IS …
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njcourts.gov
… did not conduct the required analysis of the statutory factors under N.J.S.A. 2C:43-12(e), we vacate and remand for the State to provide a compliant statement of reasons for its denial of the … full and complete review and consideration of all relevant factors set forth in the PTI Guidelines and in N.J.S.A. …
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njcourts.gov
… of limitations. N.J.S.A. 2A:14-1. We derive the following facts from the evidence submitted in support of, and … this outstanding bill is in no way contingent upon the outcome of any pending litigation and that I remain primarily … made from defendant's insurer directly to Glushakow in satisfaction of bills for services rendered. In pertinent part, …
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njcourts.gov
… defendant's arguments. The PCR court continued, "[t]he fact that motion counsel and appellate counsel may have … credible evidence." Ibid. "To sustain that burden, specific facts" that "provide the court with an adequate basis on … a probability sufficient to undermine confidence in the outcome" of the trial. Ibid. "[A] court need not determine …
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njcourts.gov
… nineteen-year-old niece. In exchange, the State agreed to recommend a sentence of non-custodial probation. In March … an evidentiary hearing, the PCR court should view the facts in the light most favorable to the defendant." State … was denied effective assistance of counsel. He must allege facts sufficient to demonstrate counsel's alleged …
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njcourts.gov
… evidence extracted from his cell phone pursuant to a communications data warrant (CDW). Defendant contends the … for the judge who issued the CDW to infer from the facts set forth in the application that defendant, an … on my training, education, and experience, as well as the facts set forth in this Affidavit, I have probable cause to …
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njcourts.gov
… sexual assault, he could be involuntarily civilly committed pursuant to the New Jersey Sexually Violent … N.J. 464, 482 (1997)). We give deference to a PCR court's factual findings when they are supported by sufficient … 212 N.J. at 540-41. When a PCR claim concerns issues of fact not in the record, the court should grant an …
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njcourts.gov
… OF NEW JERSEY, Plaintiff-Respondent, v. RANDY CLAY, a/k/a COMPLETE, RANDY L. CLAY, RANDY MORGAN, KENNETH MURRAY, and … 170 (App. Div. 1999). The petition must allege specific facts sufficient to support a prima facie claim. Ibid. It must also present such facts in the form of admissible evidence. In short, the …
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njcourts.gov
… (NOI) to foreclose and thereafter filed a foreclosure complaint. Defendant and Mitchell did not contest the matter … law and the Uniform Commercial Code. The record contains no facts whatsoever to support these contentions. Instead, … sort of fraud. Indeed, defendant has not even pled specific facts to support a claim under the CFA. "In all allegations …
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njcourts.gov
… for the reasons set forth in Judge David H. Ironson's comprehensive written decision. I. On September 9, 2014, … court did not "meticulously analyze and weigh [defendant's] factual allegations." Defendant further asserts his … hearing "is necessarily deferential to [the] PCR court's factual findings based on its 5 A-3365-20 review of live …
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njcourts.gov
… the Archdiocese related to this lawsuit. I. We discern the facts from the record developed during jurisdictional … 1 Plaintiff identifies himself as "John Doe 1" in his complaint. We refer to him as plaintiff to protect privacy … Personal jurisdiction is a "'mixed question of law and fact' that must be resolved at the outset, 'before the …
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njcourts.gov
… plaintiff Fidelity Asset Management LLC established it complied with all the steps necessary to enter the final … arises out of a default judgment in a tax foreclosure, the facts in the record are not extensive. What we know is that … Fiamingo noted it did not give defendant's attorney in fact the power to access defendant's bank accounts. Instead, …
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njcourts.gov
… New Jersey. Plaintiff appeals from an order dismissing her complaint against the Archdiocese for lack of personal … the Archdiocese related to this lawsuit. I. We discern the facts from the record developed during jurisdictional … Personal jurisdiction is a "'mixed question of law and fact' that must be resolved at the outset, 'before the …