njcourts.gov
… alone in a parked car in the parking lot of an apartment complex. As they approached defendant's car on foot, another … vehicle recording device; (3) challenge original unsworn complaints as to probable cause and lack of a neutral … certifications supporting PCR petitions must identify the facts sought to be established with particularity). …
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… because the trial court did not find applicable mitigating factor four based on his 1 Defendant was resentenced in … AN INVESTIGATION OF WITNESSES WHO WERE IN THE 2 Defendant complained his trial attorney was not present at sentencing … defendant, the trial court did not find that mitigating factor four3 applied because no evidence supported it. We …
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… was eventually assigned to Ditech Financial, LLC, which commenced this action to foreclose the property in February … he did not sign the note was a genuine issue of material fact to be resolved at trial. Prior to trial, defendant was … (2) plaintiff lacked standing to file the action; (3) the complaint was time-barred by the statute of limitations; (4) …
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… for M.K., Petitioner-Appellant, v. STATE HEALTH BENEFITS COMMISSION and HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, … until September 30, 2019. While 3 A-0916-19 The essential facts are not disputed. Surgery Center submitted a claim to … policy favoring full alienability of choses in action embodied in N.J.S.A. 2A:25-1 must bend to the far more specific …
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… On appeal from the New Jersey Public Employment Relations Commission, PERC Nos. 2020-55 and 2021-5. Juan Mendoza, … priority in being offered overtime from both lists. In fact, the PBA itself initially requested that the County … in order to prevail. The scope of judicial review of PERC's factual determinations is quite limited. See Bridgewater …
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… with their daughter. On October 15, 2019, plaintiff filed a complaint for child support. A copy of the complaint was originally sent to defendant's mother's … attorney or other person having knowledge of the facts, that a defendant cannot, after diligent inquiry, as …
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… sample, N.J.S.A. 39:4-50.2 and -50.4(a). We affirm. The facts are undisputed. In accordance with a plea agreement in … license. Defendant also argued "an offense does not come into existence until there is a conviction, and a … in this matter, we published our opinion in State v. Scudieri, A-0352-20 (App. Div. November 1, 2021) disposing of …
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… 29, 2020 Law Division orders dismissing their class action complaints as barred by the entire controversy doctrine. … to Rule 4:6-2(e). The entire controversy doctrine2 "embodies the principle that the adjudication of a legal … & Nehmad, 142 N.J. 310, 323 (1995) ("In essence, it is the factual circumstances giving rise to the controversy itself, …
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… Department of Corrections (DOC) finding Menter guilty of committing prohibited act *.002 (assault of any person), … Menter failed to comply. Menter then struck them on their bodies. Sergeant Mihalik stated that when she and a suited … at the disciplinary hearing, as he claims that he was, in fact, the victim of an assault by Walls, Mohammed, and other …
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… of child pornography. In exchange, the State agreed to recommend that defendant be sentenced to probation conditioned … other information, the judge found and applied aggravating factors three and nine, and mitigating factors two, seven, ten, and eleven; he also found the …
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… of that decision. We affirm. We recounted the underlying facts and procedural history in our prior opinion affirming … his post-conviction rehabilitation efforts, including completion of the Focus on the Victim, Cage Your Rage for … for reconsideration of sentence under Rule 3:21-10 is committed to the sound discretion of the trial court and …
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… the second PCR petition in an order dated August 6, 2020, accompanied by a written decision. He rejected the ineffective … 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 …
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… Documents are of the essence," and called for substantial completion of the work within 212 days, i.e., by the end of … were concerned about time because they were losing rental income from the two tenants while construction was taking … of the trial court's findings and conclusions did, in fact, refer to intent concepts. 6 A-2402-19 On remand, the …
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… retirement benefits (application). On remand, the Board complied with our instructions and addressed our concerns … nor capricious, we affirm. As we set forth the relevant facts in our prior decision, we need not repeat them … her job duties, or that the employer did not attempt to accommodate her needs.'" Id. at 4. The ALJ provided his …
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… ERRED IN FAILING TO FIND THAT THE TRIAL [JUDGE] FAILED TO COMPLY WITH RULE 3:9-1(f) AND RULE 3:9-3(g) WITHOUT AN … court's standard of review is de novo as to both the factual inferences drawn by the PCR judge from the record … . there is a reasonable probability that if the defendant's factual assertions were found to be true[,] enforcement of …
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… him to plead guilty under pressure, not raising mitigating factors at sentencing, failing to negotiate a more favorable … COUNSEL TO EXPLAIN WHY HE FAILED TO RAISE ANY MITIGATING FACTORS ON BEHALF OF [DEFENDANT] AT SENTENCING. POINT III … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
njcourts.gov
… court's standard of review is de novo as to both the factual inferences drawn by 3 A-3080-19 the PCR judge from … 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 …
njcourts.gov
… first PCR petition, we summarized the underlying facts in this case: In summary, defendant was captured soon … our authority "to conduct a de novo review of both the factual findings and legal conclusions of the PCR court." … to cases on collateral review; or B. the date on which the factual predicate for the relief sought was discovered, if …
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… were violated; (2) the aggravating and mitigating factors found were not "based upon competent credible evidence in the record;" or (3) "the application of the guidelines to the facts of [the] case makes the sentence clearly unreasonable …
njcourts.gov
… cases is limited. R. 1:36-3. 2 A-2215-23 Plaintiff filed a complaint under the Prevention of Domestic Violence Act … plaintiff's testimony, the judge denied the TRO because the communications described did not make out a prima facie case … court generally defers to the family court's findings of fact "when supported by adequate, substantial, credible …