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… his reasonable expenses in light of his imputed income." Id. at 23. In a comprehensive written statement of … the court pursuant to consideration of all of the statutory factors set forth in subsection b. of this section. In addition to those factors, the court shall also consider the practical impact …
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… days a week while defendant did not have a steady job or income. Soon thereafter, Stathis moved out of her parents' … of PCR, the court determines there are material issues of fact that cannot be resolved based on the existing record, … himself at trial. As noted, defendant's apparent dissatisfaction with his attorney first arose while the trial was …
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… in BRS Produce. At that time, defendant reported a gross income of $115,000 per year.2 The parties agreed that … each case must be resolved "on its own particular facts." Ibid. "The trial court's determination under the … 1990) (citation omitted). The courts should look to two factors in cases dealing with unconscionability: "(1) …
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… which he articulates as follows: POINT I – THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FIRST INSTRUCTING THE JURY AS … APPEARANCE," FAILED TO ADEQUATELY EXPLAIN A RELEVANT FACTOR FOR ASSESSING THE RELIABILITY OF THE OUT-OF-COURT … the sentences. A. The Jury Instructions "An essential ingredient of a fair trial is that a jury receive adequate and …
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… assault and robbery. Those charges included conspiracy to commit first-degree robbery, N.J.S.A. 2C:5-2 and N.J.S.A. … for a new trial . In our prior opinion, we described the facts that gave rise to defendant's convictions. Accordingly, we need only summarize the facts and procedural history relevant to defendant's …
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… DIVISION DOCKET NO. A-2621-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF S.A., SVP-779-18. … an underestimate, however, when combined with dynamic risk factors. Dr. Cidambi testified that despite years of sex … COMMITMENT OF S.A. (SVP-779-18, ESSEX COUNTY AND STATEWDIE) (RECORD IMPOUNDED) A-2621-18T5 Appellate May 29, 2019 … …
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… but reverse the trial court's findings that defendant committed the predicate acts of harassment and stalking. We … appellate review of a FRO is limited. A Family Part judge's fact-finding is binding on appeal when supported by … cold record. Ibid. The deference we give to a trial judge's fact-finding in domestic violence cases also acknowledges …
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… Grand Jury and charged with second-degree conspiracy to commit robbery and murder, N.J.S.A. 2C:5-2, N.J.S.A. … advance defendant's meritorious claims, misrepresenting the facts at oral argument, and failing to provide defendant … psychiatric history, which purportedly established the factual predicate upon 5 Because defendant failed to provide …
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… DIVISION DOCKET NO. A-3814-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF J.A., SVP-528-09. _________________________ … Div. Mar. 24, 2017). We discern the following pertinent facts from the record. Appellant was first committed to the … is an actuarial instrument used to assess dynamic risk factors that can change over time. Kevin Baldwin, Sex …
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… expenses to plaintiff Camile Colarusso. We affirm. I. We commence our review with a brief discussion of well-settled … must not utilize reconsideration merely because of "dissatisfaction with a decision of the [c]ourt." Capital Fin. Co. of … N.J. Super. at 401). II. We incorporate by reference the facts, which are set forth at length in our prior opinion …
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… principles of law, we affirm. We derive the following facts from the evidence presented at trial. Defendant's … application for Pre- Trial Intervention (PTI).3 In a comprehensive review of the factors listed under N.J.S.A. 2C:43-12(e), the prosecutor …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … WAS EXTREMELY LIMITED AND CONTRADICTORY, AND, IN FACT, MOST OF THE RECITATIONS OF THE INCIDENT BY THE ALLEGED … and she felt it and his hand was moving. Well, that, ladies and gentlemen, in and of itself is sexual assault, but …
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… and Vernoia. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2017-4013 and 2018-0739. Caruso … capricious or unreasonable, we affirm. We described the facts giving rise to Hairston's suspension in our prior … 5 A-3758-17T4 were filed on January 8, 2015, when, in fact, the initial PNDA was filed on June 26, 2014. Hairston, …
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… second-degree possession of a firearm during the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a); … the officer's hearsay statements. We discern the following facts from the record. At around 1 a.m. on November 8, 2014, … of review for each issue. We defer to a trial court's factual findings on a Miranda motion if supported by …
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… following reasons, we affirm. I. We derive the following facts from the record. A grand jury indicted defendant for … See also Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 3:23-8 (2017) (stating that "[t]he deletion … the State calling the girlfriend as a witness, despite the fact that she was available to testify. Ibid. Our Supreme …
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… the convictions and the sentence. We affirm. The following facts are taken from the record. On December 11, 2009, … Defendant's vehicle crossed the double line into oncoming traffic and collided head-on with another vehicle, … to defense counsel's remarks. The prosecutor argued: "So ladies and gentlemen, [defense counsel] went [to visit Payton] …
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… possession of a handgun while in the course of committing, attempting to commit or conspiring to commit the … his pro se supplemental brief: POINT I THE STATE POLICE MANUFACTURED EVIDENCE AGAINST [DEFENDANT] IN VIOLATION OF U.S. … but remand for resentencing. I. We summarize the pertinent facts from the trial record. On August 2, 2013, State Police …
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… Our deference is required even where the motion court's "factfindings [are] based on video or documentary evidence," … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and evidence rule, …
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… second-degree possession of a firearm in the course of committing a drug offense (N.J.S.A. 2C:39-4.1(a)). Defendant … witnesses. The evidence established the following relevant facts. On Saturday, October 19, 2013, another officer of the … (2) the duration of the investigatory stop constituted a de facto arrest, and (3) his consent to search was coerced. At …
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… agreement did not specify a sentence the prosecutor would recommend. Instead, it provided, "Free to speak. Defendant to … the court found, at the State's suggestion, aggravating factors three – stating defendant posed a "minor risk" of … it does not substitute for the victim's other civil remedies. State v. Masce, 452 N.J. Super. 347, 352 (App. Div. …