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… violating a condition of his special sentence of community supervision for life (CSL), contrary to N.J.S.A. … THE CSL/PSL STATUTE IS UNCONSTITUTIONAL UNDER THE EX POST FACTO CLAUSES OF THE STATE AND FEDERAL CONSTITUTIONS AND … defendant does not challenge the sentence to PSL on ex post facto grounds. Here, defendant argues that the PSL is …
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… DHAHABI JEWELRY, LLC, Plaintiff-Appellant, v. KAVVERI TELECOM PRODUCTS LIMITED; QUALITY COMMUNICATIONS SYSTEMS, INC. d/b/a KAVVERI TECHNOLOGIES … the record is silent on this issue. In light of these facts, we conclude this matter is interlocutory and must be …
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… TO THE FOLLOWING INDISPENSABLE PARTIES: DOROTHY TOMLIN, THE COMMITTEE TO RECALL HERBERT C. FREDERICK, JACQUELINE … judgment.1 We affirm. We briefly recount the salient facts. The municipality is organized under the Walsh Act commission form of government, N.J.S.A. 40:70-1 to 40:76-27. …
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… OF LABOR, EQUINOX MANAGEMENT GROUP, INC., and STARR COMPANY, Respondents. ________________________________ … Board thereafter affirmed the Appeal Tribunal's findings of fact, but modified its decision. The Board determined that … 137 N.J. 8, 27 (1994)). Furthermore, "[i]n reviewing the factual findings made in an unemployment compensation …
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… as "an acute condition[,] includ[ing] such debilitating maladies as physical illness, coma, mania, hysteria, or death." The condition must be … substantiate that claim, but it is patently a question of fact. Although the notion that defendant required medical …
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… THOUGH JONES WAS AN AFRICAN- AMERICAN MAN AND THE ROBBERY COMPLAINANT WAS A WHITE ORTHODOX JEWISH MAN. U.S. CONST. … MOTION -- MUCH LESS A REASONED DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW. U.S. CONST. AMEND. XIV; N.J. … speedy trial motion, 4 A-0063-14T3 considering the factors set forth in Barker v. Wingo, 407 U.S. 514, 92 S. …
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… we affirm. Defendant was charged in an indictment with committing various sexual assaults upon two of his minor … or any relief. Judge Critchley noted that defendant's factual assertions were unsupported by the record and were … POST-CONVICTION RELIEF. A. Defendant Presented Sufficient Facts To Show Excusable Neglect. 5 See R. 3:22-5. 6 …
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… 2, 2019, which denied his motion to deny or dismiss the complaint filed by plaintiff Borough of Lindenwold (Borough) … the Borough. We affirm. We briefly summarize the pertinent facts. On May 10, 2017, the Borough determined there existed … on February 8, 2019, the Borough filed a verified complaint in the 3 A-0253-19T4 Law Division seeking to …
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… court's standard of review is de novo as to both the factual inferences drawn by the PCR judge from the record … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … State v. Gaitan, 209 N.J. 339, 350 (2012). We "view the facts in the light most favorable to a defendant to …
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… juvenile record of previous offenses, and found aggravating factors three, six, and nine applied under N.J.S.A. … 2C:44-1(a). The sentencing judge found one mitigating factor, six (restitution), N.J.S.A. 2C:44-1(b)(6), which she … a life sentence. As the PCR judge noted, defendant will become eligible for parole consideration as early as the age …
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… jury found defendant guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1(a)(2); and … this court's standard of review is de novo as to both the factual inferences drawn by the judge from the record and … 209 N.J. 339, 350 (2012). This court "should view the facts in the light most favorable to a defendant to …
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… of the remaining charges: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; and … N.J.S.A. 2C:29-2(a)(3)(a). After finding the mitigating factors substantially outweighed the aggravating factors, the trial judge sentenced defendant at the bottom …
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… granting plaintiff this equitable relief, we reverse. The facts are straightforward and not in dispute. Defendant … and her "buyer's remorse" did not excuse her from complying with the agreement. The court ordered defendant to … order. Reversed. 2 If plaintiff wished to pursue these remedies, it should have instituted a breach of contract action …
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… DOCKET NO. A-2092-18T2 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, f/k/a THE BANK OF NEW YORK TRUST COMPANY, N.A., as successor to JPMORGAN CHASE BANK, N.A., as … in his certification, Bishop set forth sufficient facts to show that plaintiff possessed the note and had a …
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… unlawful purpose, N.J.S.A. 2C:39-4(a)(2), and the State's recommendation of a three-year prison sentence with one year … the meeting of the minds was incorrect." 2 Because the facts of the offense are not relevant to the issue on … with his plea agreement. Although finding mitigating factors seven, eight, nine, ten and eleven outweighed …
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… OTHERWISE POINT II THE CUMULATIVE EFFECT OF THE ERRORS COMPLAINED OF RENDERED THE TRIAL UNFAIR POINT III DEFENDANT … from testifying in his own defense; and 4) he lacked the competence to handle the technology required to put forth an … 3:22-11, a PCR court must "state separately its findings of fact and conclusions of law" regarding the arguments set …
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… Appellant was twenty-two years old at the time he committed these crimes. He will be fifty-seven years old in … in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching … was not arbitrary nor capricious. The ICC applied the factors codified in a regulatory scheme that take into …
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… the parties. We affirm. In 2018, the Office of the State Comptroller, Medicaid Fraud Division (MFD), investigated … business as a pharmacy in the State of New Jersey. 2 In fact, petitioners had two attorneys at the settlement … 13 N.J. 36, 42 (1953). We will not interfere with a judge's factual findings and conclusions concerning a settlement …
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… in accordance with N.J.A.C. 12:20-3.1(i). We affirm. The facts are straightforward. On June 19, 2016, Hersch applied … was scheduled for October 9, 2018. However, due to a "miscommunication during the registration process," Hersh was … the burden of proof to establish his right to unemployment compensation. Id. at 218. If an individual receives …
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… would be terminated as of May 1, 2019, because he failed to comply with his service plan. The SCBSS determined that R.M. … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [Stallworth, 208 N.J. at 194 (quoting In re Carter, …