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… the third-degree theft charge. 3 A-0441-18T1 i. Sentencing Factors. Aggravating Factor (3) Aggravating Factor (4) Aggravating Factor (11) … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… her office had filed an appellate brief, asserting it was "common that the client does not review this document before … 65 N.J. 474, 483-84 (1974). We "should 'not disturb the factual findings and legal conclusions of the trial judge' … the public interest. Zaman v. Felton, 219 N.J. 199, 226-27 (2014); Alloway v. Gen. Marine Indus., L.P., 149 N.J. …
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… defendant in either of the pending matters. The facts leading to the motion as derived from the motion … of E.S. K.J. explained in 2019 that he did not initially come forward after recognizing defendant as the man who shot … Rail Corp. v. N.J. Transit 9 A-0654-19T2 Corp., 210 N.J. 264, 274 (2012). For that reason, the decision is subject to …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-913. Lois Law Firm, … investigator surveilled petitioner for ten hours on January 26, 2018, producing a twenty-five-minute video of … they found nothing that contradicted his testimony. In fact, over the six days, [petitioner] is not seen doing …
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… it would extend child support until after the children completed their post-secondary education. Because plaintiff, … law and the legal consequences that flow from established facts are not entitled to any special deference." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (quoting Manalapan Realty, L.P. v. Twp. Comm. of …
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… Nostrand Ave Jersey City 07305, also known as Lot 4 Block 26401, State of New Jersey. b. To attend the closing of … drawn up. Famek is a real estate and property management company. Its principal, Emeka, has been in the real estate … review. An appellate court shall "'not disturb the factual findings and legal conclusions of the trial judge …
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… of the home. In July 2016, the Division filed a verified complaint and Order to Show Cause (OTSC) for the care and … Cathy's sister became concerned that Cheryl suffered from factitious disorder imposed 4 A-0272-18T4 on another (FDIA), … N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting C.B. Snyder Realty, Inc. v. BMW of …
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… to testify on his own behalf. We affirm. We derive the facts from our prior decision in the direct appeal and the … out of his driveway in Newark. D.E. was not the intended target of the shooting, but he did observe the shooter, and … remember ever speaking to Sumler. The PCR court issued a comprehensive well-reasoned written decision on May 3, 2018 …
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… to vacate his guilty plea because he alleged an adequate factual basis was not presented at the plea hearing and … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … Afanador, 151 N.J. at 52 (quoting State v. Mitchell, 126 N.J. 565, 580 (1992)). The "burden to justify filing a …
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… Inc. (Sunrise) appeals from a judgment dismissing its complaint in lieu of prerogative writs, which sought to … clear abuse of discretion." Price v. Himeji, LLC, 214 N.J. 263, 284 (2013) (citing Cell S. of N.J., Inc. v. Zoning Bd. … capriciously, or unreasonably if its findings of fact in support of a grant or denial of a variance are not …
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… Wenzel appeal the July 20, 2018 orders that dismissed their complaint in lieu of prerogative writs under Rules 4:6-2 and … referred to the Planning Board pursuant to N.J.S.A. 40:55D-26(a) and 40:55D-64 for its determination whether the … HEARING WHEN A COMPLAINT RAISES A GENUINE ISSUE OF MATERIAL FACT. In their reply brief, plaintiffs argue: I. THIS MATTER …
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… or assigning [the] lease." Plaintiff later filed a complaint against Peguero and an unauthorized tenant … R. 2:5-4(a). Pena's merits brief, however, contains these factual assertions; we use them not to determine this … whereby the tenant waives any rights under P.L.1981, c. 226 (C. 2A:18-61.22 et seq.) on or after the effective date …
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… opinions, the holdings of which we summarize here, for the factual background. In 2016, we considered whether plaintiff … the ensuing nineteen years, their relationship has . . . become the equal of that of a married couple. [Id. at 4]. As … defendant and her partner spent six or seven days together almost every week, dined together almost every night, …
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… the motion. At sentencing, the judge found aggravating factor nine. N.J.S.A. 2C:44-1(a)(9) (need to deter defendant … the 3 A-4000-19T4 law). The judge found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no … character and attitude indicate he is unlikely to commit another offense); and the non-statutory mitigating …
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… two unrelated indictments. In return, the State agreed to recommend a ten-year term of imprisonment on the assault … that to be admissible, the lyrics demonstrate a "specific factual connection that strongly tied defendant to the … of the guilty plea. [Tollett v. Henderson, 411 U.S. 258, 267 (1973).] As the Court explained in Knight, there are …
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… pointed it at the manager and demanded money. The manager complied, giving him money from the company safe. The gun … ALTERNATIVE, BECAUSE THERE ARE GENUINE ISSUES OF MATERIAL FACT IN DISPUTE, THE PCR COURT ERRED IN DENYING AN … that there is a reasonable probability that if defendant's factual assertions were found to be true enforcement of the …
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… THE AMBIGUOUS THREAT [DEFENDANT] WOULD FILE AN ETHICS COMPLAINT AGAINST STANDBY COUNSEL. U.S. CONST. AMENDS. VI, … to enable the jury to separately determine the predicate facts required to support the certain person charges. As the … 155 (2006), and placed too much emphasis on aggravating factor six, "[t]he extent of the defendant's prior criminal …
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… Plaintiff, a resident of Asbury Park (the city), filed a complaint June 17, 2019, alleging the city improperly … and the "legal consequences that flow from established facts are not entitled to any special deference." Estate of … N.J. 355, 357-58 (1964); Bell v. Eastern Beef Co., 42 N.J. 126, 129 (1964); Franklin Discount Co. v. Ford, 27 N.J. 473, …
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… 4, 2018 final judgment. We incorporate by reference the factual and procedural history as set forth in our prior … executed a $404,700 promissory note to Ameriquest Mortgage Company (Ameriquest). As security for repayment, defendants … concluded defendants failed to raise a genuine or material factual question to dispute plaintiff's right to foreclose. …
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… Plaintiff theorizes that the restrictions amount to de facto discipline, and that he should have been provided with … in criminal investigations are justified, that they do not comprise discipline by his employer, and that plaintiff was … within the police force. He maintains the letter imposes de facto, after-the-fact discipline upon him beyond what was …