njcourts.gov
… 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 …
njcourts.gov
… conviction, the Law Division is "to determine the case completely anew on the record made in the municipal court, … v. Johnson, 42 N.J. 146, 157 (1964)). "Our review of the factual record is also limited to determining whether there … court "have entered concurrent judgments on purely factual issues." State v. Reece, 222 N.J. 154, 166 (2015) …
njcourts.gov
… defendants would apply for a construction permit. Following completion of the fence, plaintiff sent defendants a letter … in violation of Newark ordinances. Appellate review of factual findings and legal conclusions is limited. Rova … a party to meet the requirements of a rule of law that the fact be proved . . . by a preponderance of the evidence." …
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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 …
njcourts.gov
… in understanding the witness' testimony or in determining a fact in issue. A lay witness, including a police officer in … appeared defendant was living there. This is a matter of "common knowledge and observation" permissible in lay opinion …
njcourts.gov
… purpose of debauching or impairing her morals. The State recommended a suspended three-year term of imprisonment … subject to parole supervision for life (PSL). Defendant completed his plea form and supplemental plea forms … Div. 2016) ("Defendant may not create a genuine issue of fact, warranting an evidentiary hearing, by contradicting …
njcourts.gov
… motion, the trial judge specifically determined she had not committed fraud and, as such, she should not be barred from … Where, as here, "there is no genuine issue of material fact, we must then decide whether the trial court correctly … bars the ability to sue if a New Jersey resident is not in compliance with the statutory provisions mandating insurance …
njcourts.gov
… trial where plaintiff appeared pro se. Plaintiff's civil complaint sought NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … collision. The trial judge, sitting as the trier of fact, found that plaintiff caused the accident when he … court cannot enjoy"). In view of the trial judge's factual findings as to the circumstances leading up to the …
njcourts.gov
… assistance. We affirm. Defendant was charged with committing various crimes arising out of a home invasion. A … judge to consider "all relevant aggravating and mitigating factors." State v. Massenburg, No. A-2009-12 (App. Div. Jan. … that the witness was "equivocal concerning any specific facts," and that she testified "inconsistently." As the PCR …
njcourts.gov
… 23, 2018 hearing addressing the married parties' cross-complaints of harassment under the Prevention of Domestic … and applicable law, we affirm. We discern the following facts from the FRO hearing, in which neither party were … from her future conduct. Our review of a trial court's factual findings is limited. Cesare v. Cesare, 154 N.J. 394, …
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… from the judgment. We affirm. We take the following facts from the record. Defendant represented Veronica … signed a retainer agreement, stipulating plaintiff would be compensated on a contingency basis and paid twenty percent … reflecting the agreed-upon twenty percent contingency. "The factual findings of a trial court are reviewed with …
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… against it by a group of inmates. We affirm. The underlying facts of this matter are not in dispute. On May 17, 2017, … housed by the County in the Salem County Jail filed a complaint against the County in the Law Division. The … several times a day. The inmates sought an award of compensatory damages, and a judgment declaring the County's …
njcourts.gov
… our remand burdened the trial judge with "a difficult and uncomfortable task" in light of his insistence on imposing on … judge and for that judge to take into consideration the fact that defendant stood convicted of less wrongdoing than …
njcourts.gov
… fist punches . . ." and ordered the inmates to stop. They complied. Musciotto was charged with committing prohibited … shows he did not commit the prohibited act; (2) the NJDOC's factual conclusions are wide off the mark and manifestly … to support Musciotto's claim that the incident was, in fact, captured on a videotape. Therefore, Musciotto's claim …
njcourts.gov
… 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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… would be no good reason ever to adjudicate them. These comments demonstrate the judge was conscious of the fact that the reason for our remand – the need for a final … unadjudicated charges in its hip pocket pending the outcome of defendant's inevitable appeal of the new judgment of …
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… in the retirement system ended because she did not commence PERS-covered employment within two years of her … the Office of Administrative Law (OAL) because it found the facts were undisputed. On appeal, Shaw argues the decision …
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… both parties to the award.1 R. 4:21A-6(b)(3). Plaintiff complied with the rule in all respects. In denying … to confirm the arbitration award." While that is true, the fact is that the judge did not adjudicate the summary …
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… cases is limited. R. 1:36-3. 2 A-1377-20 Plaintiff filed a complaint in Essex County, alleging defendant did not pay it … have discretion in applying the doctrine depending on the factual circumstances. Bank Leumi USA v. Kloss, 243 N.J. … only when a prior action based on the same transactional facts has been tried to judgment or settled"). Moreover, …
njcourts.gov
… 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 …