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… to their] use of binoculars." We disagree and affirm. The facts leading to defendant's arrest and the discovery of the … In exchange for the guilty plea, the State agreed to recommend a sentence of time served with the condition that …
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… "a police officer's objectively reasonable mistake of fact does not render a search or arrest unconstitutional." …
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… PCR. In April 2016, following argument, Judge Peim filed a comprehensive written opinion denying defendant PCR relief. … Strickland, 466 U.S. at 694. "[A] defendant must overcome a strong presumption that counsel rendered reasonable … burden, the defendant must allege and articulate specific facts, which "provide the court with an adequate basis on …
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… State responded to this letter by making any plea offer. In fact, the issuance of such an offer was unlikely because … Preciose, 129 N.J. 451, 462-63 (1992). There is simply no competent evidence in the record indicating that the State …
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… based upon a mortgage given by defendants to secure a commercial loan made to Michael.1 Defendants appeal from the … Cleary in her April 29, 2016 oral decision. The salient facts are undisputed and are summarized as follows. In … by their first names to avoid any confusion caused by their common last name. 3 A-4584-15T3 mortgage payments as of …
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… he also asserted that the prosecutor misrepresented the facts in his summation and mischaracterized defendant's …
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… motion for reconsideration. This letter focused on the fact that when the court resentenced defendant in November … IN DENYING APPELLANT'S MOTIONS WITHOUT ISSUING ADEQUATE FACTUAL FINDINGS AND A STATEMENT OF REASONS (PLAIN ERROR). … State v. Randolph, 210 N.J. 330, 350 (2012). Defendant also complains that Judge Delaney did not address his assertion …
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… We affirm. We derive the following procedural history and facts from the record. Defendant formerly held title to a … loan. On December 5, 2013, plaintiff filed its foreclosure complaint. Defendant filed an answer with affirmative … opinion. R. 2:11- 3(e)(1)(E). We add the following brief comments. Here, default was entered against defendant by …
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… N.J.S.A. 2C:43-6(c); L. 1981, c.31. 4 A-5513-17T3 issued a "comprehensive unpublished opinion" denying defendant's first … he is entitled to be "re-sentenced" without "'the judicial fact-finding' out side [sic] of the presence of the jury; …
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… APPELLATE DIVISION DOCKET NO. A-2327-20 MUSTAFAA SHABAZZ, Complainant-Appellant, v. COMMUNITY REALTY MANAGEMENT and … the problems of tenants with disabilities." His dissatisfaction with the building management not having abated, in … that there has been a careful consideration of the facts in issue and appropriate findings addressing the …
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… E. Munson argued the cause for respondent (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Bettina E. … Based on her credibility rulings and findings of fact, the judge concluded defendant committed three … opinion. R. 2:11-3(e)(1)(E). We add only that the judge's factual findings were solidly anchored in her credibility …
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… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … challenges his conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), … client. POINT II AS THERE WAS A GENUINE DISPUTE OF MATERIAL FACT, AN EVIDENTIARY HEARING WAS REQUIRED. To prevail on a …
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… a March 12, 2019, trial court order denying his motions to compel discovery, for removal to federal court, to NOT FOR … any ineffective assistance claims against your attorney. In fact, your first PCR made several allegations of ineffective … that your claim does not rest on a previously unknown "factual predicate." Rule 3:22-4. Instead, you simply contend …
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… FET. The panel denied parole for the following reasons: facts and circumstances of Drury's offense; prior offense … prior incarcerations failed to deter criminal behavior; commission of numerous persistent institutional disciplinary … of recidivism. The panel found the following mitigating factors: all opportunities on community supervision …
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… MATTER OF THE EXTENDED TERM, AND AN OPPORTUNITY TO MAKE A COMPLETE RECORD OF THE PROCEEDING VIOLATED APPELLANT'S SIXTH … sentence has been repeatedly considered, in addition to the fact the arguments lacked any inherent merit. 5 A-5329-18T4 … to demonstrate rehabilitative gains since the crimes were committed. See State v. Randolph, 210 N.J. 330, 354 (2012). …
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… SHOP, HE WOULD HAVE HAD A BETTER UNDERSTANDING OF THE FACTS TO MAKE A FAIR DECISION, I SUBPOENAED THE REPAIR SHOP, … JUDGE THE HIDDEN DAMAGE PHOTOS, HE ONLY SHOWED 1 This was comprised of $3233 for the rear bumper, $502 for car rental … FEES. We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench …
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… LLC appeal from an August 14, 2019 order, arguing the order compels arbitration and therefore is appealable as of right … appeal as interlocutory. We provide a brief overview of the facts. The parties entered into a written purchase agreement … 2019 is not an order compelling arbitration." Against this factual and procedural background, we review defendants' …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3865-19 SAHDIEKHAN JOHNSON, Appellant, v. NEW JERSEY DEPARTMENT OF … Department of Corrections (NJDOC), which found that he committed prohibited act *.005, threatening another with … 10A:4-4.1(a)(2)(ii). We affirm. We discern the following facts from the record. At approximately 7 p.m. on April 25, …
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… days administrative segregation, and sixty days loss of commutation time. On remand, the hearing officer re-imposed … to [appellant]. [There was] [n]o misinterpretation of the facts." The assistant superintendent also noted that … N.J. Super. at 379. "Without an articulation of sanctioning factors, '[this court] ha[s] no way to review whether a …
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… the country. The judge found Olivia credible. Indeed, the fact that Alan entered the vehicle and removed papers that … mischief or that he had stalked Olivia, but he found Alan committed the predicate act of harassment as defined by … a finding under N.J.S.A. 2C:33-4(a) when plaintiff was "completely unaware" of defendant's presence). We find no …