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… dropped the packet. Patrolman Buss then asked defendant to come into the manager’s office located at the back of the … such that her continued detention rose to the level of a de facto arrest.” The judge also determined that defendant’s … this trial, the Court declines to address defendant’s factual and legal arguments about 1) the timing of her …
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… counsel. When the parties divorced, David’s annual income was $208,900, while Cathleen’s was $21,476. The PSA … Prior to the hearing, the parties agreed that the facts would be evaluated under the definition of … panel cautioned against the frequent use of equitable remedies to subvert enforceable agreements, but nonetheless …
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… political and social objectives. 4 A-3421-20 I. The facts in these consolidated matters are similar and not in … that spreads awareness of hate crimes against the Asian community and educates the public about Asian culture, … those addresses would be disclosed if required by law. This fact, the court found, lessened any privacy interest. …
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… INSTRUCTION TELLING THE JURORS THEY COULD REACH A COMPROMISE VERDICT. POINT II DEFENDANT WAS DENIED A FAIR … circumstances of the actual offense were contested, certain facts were undisputed. Specifically, in the early morning … determine, including the law of the case applicable to the facts that the jury may find.'" Ibid. (citations omitted) …
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… transferred to a trauma center, where he remained in a coma for fourteen days. Defendant had shot his father four … 2C:44-3(a). At sentencing, the court found five aggravating factors and no mitigating factors and concluded the aggravating factors substantially …
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… May 2016, plaintiff Viktoriya Usachenok filed an internal complaint with the Department of Treasury claiming that her … the relevant part of the regulation. I. To recount the facts, we rely on the assertions in plaintiff Viktoriya … fourth amended complaint but make no findings of fact. In May 2016, Usachenok filed an internal complaint …
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… D.B. were not in a relationship, and defendant was not welcome in D.B.'s home. According to D.B., she and defendant … BY A QUALITATIVE WEIGHING OF THE AGGRAVATING AND MITIGATING FACTORS AND MUST BE VACATED OR THE MATTER REMANDED FOR … Ibid. The Court observed that N.J.R.E. 608 "embodies the common law rule that generally forbids admission of …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. FREDDIES CRESPORIOS, Defendant-Appellant. … defendant Freddies Cresporios with crimes allegedly committed on two separate dates and involving separate, … from that house, Allen responded: "Yes, I know that for a fact." The prosecutor continued with this line of questions: …
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… A jury found defendant guilty of second-degree attempt to commit aggravated sexual assault by sexual penetration … THE COURT FAILED TO SUPPORT ITS FINDING OF AGGRAVATING FACTOR ONE WITH COMPETENT CREDIBLE EVIDENCE IN THE RECORD, … in understanding the witness' testimony or in determining a fact in issue." N.J.R.E. 701. "[T]estimony in the form of an …
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… Department of Environmental Protection and the State House Commission, Docket No. SHC 1531003 (Amended). Renée … and referred the matter to the SHC. DEP considered various factors for preserving the site in its natural state, … still do for water and sewer services.) Therefore, the fact that the project is sponsored by a private, for-profit …
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… jury should not have been instructed as to defendants' noncompliance with 42 C.F.R. § 483.25 because this argument was … v. J.R., 227 N.J. 393, 421 (2017)). 4 A-5561-18 I. A. The facts giving rise to plaintiff's claims are derived from the … certification from her attorney that explained the facts leading up to defendants' service of Dr. Stefanacci's …
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… 2C:11-3a(1)-(2) (count one); second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count two); … identifications. Defendant focuses his argument on the fact that each witness was shown a surveillance still of … he described the shooter as having dreadlocks, wearing a hoodie and jeans, and missing about four front teeth. At trial, …
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… 3 A-3282-16T4 I. Here, the State charged that defendant committed the aforementioned offenses on various dates … BECAUSE THE COURT ERRONEOUSLY FAILED TO FIND MITIGATING FACTOR [ELEVEN], IMPROPERLY FOUND AGGRAVANTING FACTORS [ONE] AND [NINE], AND FAILED TO ADEQUATELY WEIGH THE …
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… pursuant to Rule 4:50-1(d) and reinstating plaintiffs complaint to quiet title. We affirm in part, as modified, … RULE 4:49 EXPIRES AND WHEN BASED ON THE SAME A-0476-21 15 FACTS AVAILABLE PRIOR TO THE EXPIRATION OF TIME TO FILE … FURTHER, THE COURT FAILED TO MAKE THE REQUIRED FINDINGS OF FACT AND CONCLUSIONS OF LAW. POINT III THE COURT BELOW ERRED …
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… for appellant Jorge Remache-Robalino (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Christina … grounds without reference to the trial court's findings of fact. Addressing Stoughton, this court in Carley found that … (2) a detailed physical examination; and (3) diagnostic studies[.]" Stephen G. Brown, M.D. & Steven Pitt, The Claim …
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… 3 A-3282-16T4 I. Here, the State charged that defendant committed the aforementioned offenses on various dates … BECAUSE THE COURT ERRONEOUSLY FAILED TO FIND MITIGATING FACTOR [ELEVEN], IMPROPERLY FOUND AGGRAVANTING FACTORS [ONE] AND [NINE], AND FAILED TO ADEQUATELY WEIGH THE …
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… lot 28 . In 2005, the town and New Jersey Meadowlands Commission (NJMC) entered into a ten-year lease agreement … Gerbig, an expert in the allocation of environmental factors relative to a cleanup, physically inspected lot 28 … on R. 4:30(A). Further, The entire controversy doctrine embodies the principle that the adjudication of a legal …
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… and vacate, reverse, and remand in part. I. The following facts are derived from the record. The parties were married … to [defendant] as set forth below and the respective incomes of the parties, [plaintiff] shall pay child support to … (emphasis added). The Court further noted the statute embodied a legislative determination that "it is inappropriate …
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… Cross-Appellant, v. THE TRAVELERS INSURANCE COMPANY, and ST. PAUL PROTECTIVE INSURANCE COMPANY, 1 … in a written opinion. See R. 2:11-3(e)(1)(E). The essential facts are undisputed. Plaintiff and her husband, defendant … fraud and punitive damages as unsupported in either the facts or the law. She found plaintiff had failed to proffer …
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… A-1004-17 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S … 568 (App. Div. 1991)). "The test for disqualification is fact-sensitive and depends on whether, under the … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …