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njcourts.gov
… 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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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 …
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njcourts.gov
… June 28, 2019) (slip op. at 20). 3 A-1210-19T1 applicable factors, and concluded that the messages were admissible … WAS AFOOT. We are unpersuaded by this contention. The facts that led to defendant's conviction are set forth in … the party and the declarant were participating in a plan to commit a crime . . . and . . . made [it] in furtherance of …
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njcourts.gov
… 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, …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 26, 2017 order denying his application to be removed from community supervision for life (CSL) under N.J.S.A. … Similar to the extant matter, Dr. [R.'s] opinion rests upon factual underpinnings which often lack verification, fail to … greater or lesser probative value than warranted by the facts. Based upon the [c]ourt's observations of Dr. [R.'s] …
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njcourts.gov
… THE "LION SHARE" OF THE STATE'S PROOFS TO UNCONTROVERTED FACTS DEFENDANT COULD NOT ATTACK. B) DEFENSE COUNSEL FAILED … F) DEFENSE COUNSEL'S SUMMATION CONTAINED TROUBLING COMMENTS. G) 1) (GENERAL) EVEN IF THE COURT FINDS THAT EACH … standard of review. The record amply supports the judge's factual and credibility determinations, 6 A-5338-16T1 so we …
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njcourts.gov
… 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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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 …
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njcourts.gov
… 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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njcourts.gov
… sentence. Having considered his arguments in light of the facts and applicable law, we affirm. Following a jury trial … defendant was found guilty of second-degree conspiracy to commit racketeering, first-degree racketeering, … given the passage of time. He further contends aggravating factors three and nine no longer apply and that mitigating …
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njcourts.gov
… following language, which explained the reasons for the recommended action: WHEREAS, N.J.S.A. 18A:28-9 provides that a … of the proposed action during the meeting. Id. at 586. In fact, the following language clearly signals a different conclusion: [P]ublic bodies routinely approve recommendations in public meetings …
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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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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) …
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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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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 …
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njcourts.gov
… the house. In May 2015, Paul paid the judgment but filed a complaint, under Docket No. C-5-15, in the Chancery Division … claims. The motion judge specifically found as a matter of fact that during the meditation of earlier claims on March … Court has said the entire controversy "doctrine 'embodies the principle that the adjudication of a legal …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Bank, as Executor of the Estate of Josef Billig, moves to compel arbitration on the purchase of decedent Josef … to participate in the arbitration process but in fact have initiated it via their previous formal demand. The …