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… IN THE MATTER OF THE EXPUNGEMENT OF THE INVOLUNTARY CIVIL COMMITMENT RECORDS OF T.B. ____________________________ … to expunge records pertaining to his involuntary civil commitment in the Ancora Psychiatric Hospital (Ancora). We … N.J. 161, 176 (2010). However, we defer to a motion judge's fact findings because he or 4 A-3479-17T2 she has the …
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… from his convictions for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and NOT FOR PUBLICATION … N.J.S.A. 2C:15- 1. Although the jury found him guilty of committing these crimes, it acquitted defendant of … charge because he did not tailor the instructions to the facts adduced at the trial. In other words, defendant …
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… connection with its prosecution of lien claims for unpaid common expense assessments against the multiple units owned … in making those fee awards, we affirm. The essential facts are undisputed and easily summarized. Peoplemover is … is governed by Rule of Professional Conduct 1.5(a) (listing factors in determining reasonableness of counsel fees) and …
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… counsel, a reasonable probability existed that the outcome of the appeal would have been different. Defendant … such issues as follows: (1) "the trial counsel failed to communicate the defendant's plea offer to the State;" (2) … the merits. In making this determination [c]ourts view the facts in a light most favorable to the defendant. Preciose …
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… a transcript of the plea and sentencing hearings. These facts are derived from the parties' briefs, defendant's … consequences. Notably, Question 17 on the plea form commonly used at the time stated that the defendant "may" be …
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… Plaintiff-Appellant, v. HARRAH'S ATLANTIC CITY OPERATING COMPANY, LLC, d/b/a HARRAH'S RESORT ATLANTIC CITY, … Atlantic County pursuant to Rule 4:21A-1(a)(2). The panel recommended a "no-cause" disposition. Plaintiff rejected the … plaintiff lacked a viable cause of action, even viewing the facts in a light most favorable to her. Brill v. Guardian …
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… the pendency of any prior proceedings; or (B) that the factual predicate for the relief sought could not have been … through the exercise of reasonable diligence, and the facts underlying the ground for relief, if proven and viewed … N.J. Super. 460, 470 (App. Div. 2018) (holding that absent competent evidence establishing the defendant's entitlement …
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… 29, 2014 sheriff's sale held after defendant defaulted in a commercial foreclosure action involving property located in Egg Harbor Township (the property). We affirm. The facts are not in dispute and are summarized in the … June 30, 2020). On September 12, 2006, defendant executed a commercial loan agreement with Fulton Bank. Id. at 2. The …
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… Act, N.J.S.A. 2C:43-7.2. We incorporate by reference the facts and procedural history set forth in our prior opinion, … him the right way," argued with defendant, and failed to communicate with him. PCR counsel filed a brief on … v. Harris, 181 N.J. 391, 420-21 (2004). Nonetheless, "the factual findings underpinning the legal conclusions are …
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… presented because of the unavailability of other dwelling accommodations. We have held that extended stays of warrants for removal in situations not coming within the prescription of this statute are invalid … 6, 2020, not March 6, 2020. Other problems include the fact that the court allowed defendant's daughter to file an …
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… him to be hospitalized earlier this year "for profound multifactorial shock and multi end organ failure." At that time, … Priester, 99 N.J. at 137. 4 A-4585-19T4 Applying these factors, the trial judge denied defendant's motion for … On appeal, defendant argues that "[t]he trial court committed reversible error in denying defendant's Rule …
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… relief (PCR) after an evidentiary hearing. We affirm. The facts leading to defendant's conviction for murder and … assistance of counsel. In a March 19, 2019 order and accompanying twelve-page written decision, Judge Siobhan A. … trial counsel testified credibly and was "calm and composed" throughout his testimony. On the other hand, she …
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… conditions of her parole if released, the panel cited: the facts and circumstances of the offense, noting Wilson aided … stabbing death of her mother while her mother was sleeping; commission of persistent disciplinary infractions, resulting … The panel also acknowledged the following mitigating factors: participation in programs specific to behavior; …
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… between defendant and Toms River Township pertaining to complaints for violation of a municipal ordinance for … and sanitary condition. The parties are familiar with the facts, which we recounted in greater detail in State v. … to be done, [and] give him a [n]otice of [v]iolation with a compliance date. . . . [I]f he complies by that date[,] …
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… in this action, which plaintiff Lynx Asset Services LLC commenced to discharge a NOT FOR PUBLICATION WITHOUT THE … property in Belleville. Defendant did not respond to the complaint, and a judgment of foreclosure was entered in … BY DENYING THE MOTION FOR CONSUMER FRAUD ACT BASED ON THE FACT [THAT] THE CHANCERY DIVISION GRANT MONEY. VI. TRIAL …
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… as the victim's blood and DNA on defendant's clothing, the fact he was discovered near the scene of the crime, and that … as well as have the potential of leading to a different outcome, she denied the motion for a new trial. Now on appeal, …
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… or an assignment of the mortgage that predated the original complaint." Deutsche Bank Tr. Co. Ams. v. Angeles, 428 N.J. … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … was needed to bring the loan current. The foreclosure complaint was not filed until April 21, 2017. Plaintiff, …
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… parole supervision, and that term will begin as soon as you complete the sentence of incarceration?" Below it says, … a probability sufficient to undermine confidence in the outcome" of the proceeding. Ibid. We review a PCR court's … PCR, the court determines there are material issues of fact that cannot be resolved based on the existing record, …
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… least [ninety] days preceding the date of the filing of the complaint[,]" N.J.S.A. 2A:42-117(a); or "[t]he building is … 2A:42-117(b). A Chancery Division judge, acting on the complaint the City of Union City filed under the Act, … law and the legal consequences that flow from established facts[.]" Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. …
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… the entities that "engaged in sub-standard food sales, manufacturing, distribution, and/or handling practices and … The judge considered plaintiff's: testimony; amended complaint; request for default; medical expert's report, de … frozen temperatures. Judge De la Cruz recognized that a manufacturer or seller of a product is liable under the PLA if …