-
njcourts.gov
… rebate depends upon on the level of the claimant's gross income. See N.J.S.A. 54:4-8.59(a)-(b). Other personal … homestead rebate eligibility depends upon the "age and income" requirements expressed in the taxation statutes). The … argument to retain the rebate amount is based upon the mere fact that he was a record owner of the property at the time …
-
njcourts.gov
… appeals from a September 9, 2014 order dismissing her complaint with prejudice. We affirm. Plaintiff filed a … a broken antenna and a broken decal. Plaintiff's expert, a factory-trained mechanic from a BMW dealership where … case, defendant moved for dismissal. Considering the facts in the light most favorable to plaintiff, the trial …
-
njcourts.gov
… is limited. R.1:36-3. August 8, 2017 2 A-0716-15T4 Guerrero committed prohibited act *.004, "fighting with another … The two tussled on the floor, while officers repeatedly commanded them to stop fighting and to separate. They … [his] institutional record." 5 A-0716-15T4 Aside from the fact that he did not raise that point before the assistant …
-
njcourts.gov
… OFFENSE MUST BE DISMISSED. Our review of the trial court's factual findings is limited to whether the conclusions of … 157 N.J. 463, 471 (1999). The rule of deference is more compelling where, such as here, the municipal and Law … should not undertake to alter concurrent findings of facts and credibility determinations made by two lower …
-
njcourts.gov
… court improperly balanced the aggravating and mitigating factors. The Supreme Court denied certification. State v. … argues in a single point: THE LAW DIVISION ERRED ON THE FACTS AND LAW AS THEY WERE PRESENTED TO DEMONSTRATE AN … opinion. R. 2:11-3(e)(2). We add only the following limited comments. In his written opinion, Judge Sules noted that …
-
njcourts.gov
… and failed to object to the prosecutor's improper comments in summation. Because we find that defendant has … well-reasoned oral opinion and add only the following brief comments. If counsel had chosen to present a diminished … theory. Counsel's trial strategy is supported by the facts presented in the record and her trial performance was …
-
njcourts.gov
… the Law Division's September 30, 2015 order dismissing his complaint against defendant, Barbara Epstein, also known as … Mart, supra, 116 N.J. at 746. Rather, we accept the factual allegations as true, Sickles, supra, 379 N.J. Super. … that legal sufficiency requires allegation of all the facts that the cause of action requires." Cornett v. Johnson …
-
njcourts.gov
… him to a thirty-day jail term suspended, conditioned upon compliance with a one-year term of probation, plus fines and … law and the legal consequences that flow from established facts are not entitled to any special deference." State v. … 224, 252 (2007) (quoting Manalapan Realty v. Manalapan Twp. Comm., 140 N.J. 366, 378 (1995). With these standards …
-
njcourts.gov
… care has precipitated the permanent decline of his income from $150,000 in 2006 to $36,000 in 2014 because it … CIS and tax returns reflecting that he paid himself an income of $37,169 in 2013, made mandatory and discretionary … to modify child support, we examine whether, given the facts, the trial judge abused his or her discretion." J.B. …
-
njcourts.gov
… however the State does not object, nor does the PCR judge comment on the fact that the certification is not signed. We can only …
-
njcourts.gov
… trial court's response to discovery issues should seek to accommodate both interests. See N.J.S.A. 2A:162-15. Hence, we … added a notation as to a current violent offense, and recommended pretrial detention. At the pretrial detention … prior history of failing to appear for court events and the fact that, at the time of this alleged assault, he had a …
-
njcourts.gov
… 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 …
-
njcourts.gov
… in support of his application are not based in law or fact. Second, they are untimely. We deem defendant's … THE CHANCERY COURT ERRED AS A MATTER OF LAW BY ALLOWING A COMPLAINT VERIFIED ONLY UNDER THE PLAIN[TIFF'S] ATTORNEY … or allege any good cause recognized in the law, or any factual basis supported by the record as required by …
-
njcourts.gov
… defendants failed to cure, CitiMortgage filed a foreclosure complaint on February 27, 2014. At that time, CitiMortgage … answer did not respond to the allegations in the complaint nor contest the default or the validity of the … plaintiff had standing to foreclose by virtue of the fact that it had both possession of the note and assignment …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… "a police officer's objectively reasonable mistake of fact does not render a search or arrest unconstitutional." …
-
njcourts.gov
… robbery, N.J.S.A. 2C:15-1, and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2. The remaining five counts … 3 A-3707-19 2. The other language of the mitigating factor indicates retroactive application; the presumption of … manifest injustice to the State in applying the mitigating factor retroactively. B. The Savings Statute Does Not …
-
njcourts.gov
… her from contacting J.R.S. N.G. now claims she did not commit a predicate act as required by the statute and that … 226 (App. Div. 2017) (noting purpose may be inferred from facts, circumstances, prior conduct, common sense, and … We are required to accord deference to the family court's factfinding. Cesare v. Cesare, 154 N.J. 394, 413 (1998). Our …