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njcourts.gov
… the PCR court found defendant had not provided a sufficient factual basis for his plea, because he did not address the … certain persons charge, and related firearms charges, and recommend an aggregate thirteen-year sentence, consisting of … exited the vehicle, the police observed, in plain view, a ladies purse and a wallet on the floor in front of the …
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njcourts.gov
… theory of liability. We disagree and affirm. The following facts are taken from the record. On October 6, 2013, Jose … as to the matter in which the alleged offense was . . . committed, and the number of parties who participated. In … participated in a robbery. His defense is restricted to the fact that he happened to be arrested in a parking lot at …
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njcourts.gov
… distributed muscle relaxants. Defendant claimed the victim commented, "I shouldn't be drinking around men because I … associated with CSL was "not adequate to outweigh the fact that [defendant] failed to bring his claim several … THERE IS A REASONABLE PROBABILITY THAT IF THE DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE …
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njcourts.gov
… Galski's needs, the marital lifestyle, and his variable income when it set his alimony obligation; (2) erred in … issued a thirty-six-page opinion setting forth findings of fact and conclusions of law supporting its decision granting … upper limit. The court, instead, applied the ten factors set forth in N.J.S.A. 2A:34-23 and concluded Todd …
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njcourts.gov
… distributed muscle relaxants. Defendant claimed the victim commented, "I shouldn't be drinking around men because I … associated with CSL was "not adequate to outweigh the fact that [defendant] failed to bring his claim several … THERE IS A REASONABLE PROBABILITY THAT IF THE DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE …
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njcourts.gov
… to decide all claims raised by defendant, made conclusory factual findings based, in large part, on defendant's oral … to appeal and have no contact with the victim. The State recommended a seven-year prison term and agreed to dismiss the … capacity defense; and (4) argue all applicable mitigating factors at sentencing. PCR counsel further contended plea …
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njcourts.gov
… in retaliation for defendant's filing of a harassment complaint against an officer. According to defendant, while … evidence during the hearings. In his written findings of fact and conclusions of law, the PCR judge rejected … TO HIS SUPERIORS FOR ABUSE OF AUTHORITY. In reviewing factual findings based upon witness testimony at a PCR …
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njcourts.gov
… offenses regarding December 11 (counts five to seven). The facts underlying the jury's verdict in the second trial are … got something out of his Yukon and motioned for Merrill to come with him into the porch. There, [defendant] gave … 147 L. Ed. 2d 964 (2000), the judge concluded "[t]he simple fact that a trial strategy fails does not necessarily mean …
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njcourts.gov
… the welfare of a child. We affirm. We discern the following facts from the trial record. In mid-March 2011, defendant … The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything … "There is no miscarriage of justice when any trier of fact could rationally have found beyond a reasonable doubt …
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njcourts.gov
… to "defendant" as Nabil Rizkalla. 3 A-5009-18T3 Plaintiff complained of lower back pain and was taken to a local … it cannot, even giving due deference to the jurors' role as fact-finders. As a general matter, courts have a narrow scope of review of a jury's factual determinations. A verdict should not be set aside as …
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njcourts.gov
… INC., and all subsidiaries and related entities, MCI COMMUNICATIONS SERVICES, INC., and all subsidiaries and … and limited by the Tax Procedure Law. The former, in fact, clearly expresses that the "administration, collection … compliance; plaintiff need only comply with the statute. In fact, because compliance need only occur "upon filing of the …
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njcourts.gov
… We affirm the order denying enforcement. I. We glean these facts from the plenary hearing and record. Defendant is a … In September 2015, MWV Slatersville merged with WestRock Company and changed its name to WestRock Slatersville, LLC … had taken from [the] firm." Raymond Frenette, a Silgan manufacturing technology and systems manager, said that …
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njcourts.gov
… of the applicable law, we affirm. We discern the following facts from the record. This case stems from a string of … after being dispatched to their apartment regarding a complaint of harassment. They resided next door to … next attended DeVry Institute, ultimately finishing his studies at NJIT. 2 According to the records submitted to the …
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njcourts.gov
… affairs investigation in 2004, and his oral internal complaint in 2006 about the poor performance of the waste … N.J. 527, 539 (2019). As the parties agreed on the material facts for purposes of the motion, our task is limited to … of the continuing violation doctrine on the undisputed facts and plaintiff's failure to establish the fourth prong …
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njcourts.gov
… and Karena J. Straub, on the brief). PER CURIAM This matter comes before us for a second time. In our prior opinion, we … and applicable law, we affirm. I. We discern the following facts from the record. On April 16, 2004, defendant executed … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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njcourts.gov
… wrongfully denied his request because he has made a "satisfactory adjustment" while on parole, as contemplated by … by sufficient credible evidence of Muhammad having committed numerous violations of the conditions of his … that the parolee demonstrates that he has made a satisfactory adjustment while on parole, that continued …
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njcourts.gov
… N.J.S.A. 2C:11-3(a)(1) and (2); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2; … 219 N.J. 185, 193 (2014). Application of Rule 3:28-1 to facts substantively equivalent to those presently before us … the new offense. [Id. at 461.] Defendant concedes that the facts of the present appeal are substantively identical to …
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njcourts.gov
… INEFFECTIVE FOR FAILING TO ARGUE REMORSE AS A MITIGATING FACTOR. 1 We affirmed defendant's sentence on our excessive … Ebert, 234 N.J. 16, 16 (2018). 3 A-5662-18T2 Reviewing the factual inferences drawn by the PCR judge from the record … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 4 A-5662-18T2 ineffective for …
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njcourts.gov
… character of the neighborhood. Having considered these factors, the Board concluded that the use variances could … that boards of adjustment and municipal governing bodies will act fairly and with proper motives and for valid … A. Padovano's detailed written opinion. We only add a few comments. First, we discern no procedural infirmity in how …
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njcourts.gov
… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … as a matter of law and, thus, plaintiff did not in fact have an interest in their property. In response, in … and adjudicates all of the issues arising out of the same facts." In his opposition to defendants' summary judgment …