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njcourts.gov
… R. 1:36-3. December 29, 2017 2 A-4700-15T4 These are the facts. On June 26, 1978, defendant stabbed his girlfriend, … violated parole by (1) failing to report, (2) failing to comply with the Electronic Monitoring (EM) Program, (3) … 2015, and established a thirty- six month FET. Aggravating factors noted were: (1) the serious nature of the underlying …
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njcourts.gov
… appeals from a November 18, 2016 order dismissing her complaint with prejudice for failure to state a claim under … - 18.1, seeking her dismissal for inefficiency, conduct unbecoming, or good cause following an investigation on charges … supra, 174 N.J. at 26. Plaintiff's complaint sets forth no facts supporting her claim she was subjected to a hostile …
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njcourts.gov
… our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … State v. Gaitan, 209 N.J. 339, 350 (2012). We "view the facts in the light most favorable to a defendant to … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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njcourts.gov
… to dismiss the remaining charges in the indictment and recommend the court sentence defendant to a term of … The record of the plea hearing shows defendant provided a factual basis of his crime in response to the following … state of intoxication as a basis to find mitigating factor four, N.J.S.A. 2C:44- 1(b)(4).1 The prosecutor argued …
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njcourts.gov
… that issue because the trial court had not analyzed the factors in R.P.C. 1.5, addressed the arguments by defendants … to appreciate the significance 6 A-1119-19 of probative, competent evidence." Ibid. Reconsideration may also be … There was no referral here. There is no reason on the facts of this case to relax the ten-day filing requirement …
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njcourts.gov
… by the Board . . . with no circumstances or statements of fact able to circumvent the 'late by two days so everything … to the Board in administering our state's unemployment compensation laws, Brady v. Bd. of Rev., 152 N.J. 197, 210 … N.J. Super. 29, 33 (App. Div. 2001). "[I]n reviewing the factual findings made in an unemployment compensation 2 …
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njcourts.gov
… and amended in May 2019, arguing: POINT I AS THERE WAS NO FACTUAL BASIS FOR THE OFFENSE TO WHICH DEFENDANT PLEAD 1 … Time Barred. B. Defendant Entered A Guilty Plea Without A Factual Basis. C. Defendant Was Not Advised By Counsel Of … penalty, lab fee and loss of driving privileges were not completed during defendant's plea process; nor were they …
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njcourts.gov
… rule of law, R. 3:22-12(a)(2)(A); (2) newly discovered facts that "could not have been discovered earlier through … made retroactive to the defendant’s petition or that the factual predicate for the relief sought could not have been … in his cogent written decision. We add the following brief comments. There is no merit to defendant's contention that …
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njcourts.gov
… filed a motion for summary judgment to dismiss plaintiffs' complaint as a matter of law based on the "indisputable fact" that the property at issue is owned by the State and … and filed a cross-motion for leave to file a first amended complaint. On April 8, 2019, the parties2 appeared before …
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njcourts.gov
… for arbitration to the Public Employment Relations Commission (PERC). The parties disputed the meaning of … addition to not requiring City operations be disrupted. In fact, in other places in the CNA, the City did make … different, tailor-made set of rules, in the interest of expediency, to Article 15(B)(11). Thus, the arbitrator's …
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njcourts.gov
… robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6. We draw the facts from defendant's plea hearing. The offenses occurred1 … however, they were captured 1 Discrepancies between the factual basis established in defendant's case, and in those … pled guilty to kidnapping and robbery. The State recommended an aggregate of eighteen years' imprisonment, …
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njcourts.gov
… period of thirty-two years. While incarcerated, appellant committed twenty-five disciplinary infractions, including … a thirty-six-month FET. Its denial was based on: (1) the facts and circumstances of appellant's offense, specifically … The two-member panel also found several mitigating factors: (1) appellant completed all opportunities on …
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njcourts.gov
… the New Jersey Department of Corrections (DOC) finding Kim committed various disciplinary infractions and imposing … and remand for the reasons set forth below. I. We glean the facts and procedural history from the limited record. On … *.203; being intoxicated while assigned to a residential community program, .552A; and possession of tobacco products …
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njcourts.gov
… R.M. in writing that additional documents were required to "complete" the July 30 application. On August 19, 2019, R.M. … made no 3 We do not reach the question of whether R.M. remedied the transfer penalty through the restructuring of her … or unreasonable. R.S., 434 N.J. Super. at 260-61. In fact, the Division's actions in disregarding the July 30 …
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njcourts.gov
… remand for further proceedings. We discern the following facts from the record. In 2018, defendant issued checks to … SECTION(S) 5202 and 5205(d)(1)(C). ("NEW YORK EXEMPT INCOME PROTECTION ACT"). 5 A-1116-19 A judgment creditor may …
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njcourts.gov
… that defendant had a defense to the DWI charge and the outcome would in all likelihood have been different if he had … rule. Second, when a decision sets forth a new rule, three factors are considered in determining whether to give the … v. Nash, 64 N.J. 464, 471 (1974)). If the weight of these factors warrants the retroactive application of a new rule, …
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njcourts.gov
… hearing. We affirm. We incorporate by reference the facts and procedural history set forth in our prior … was entitled to an evidentiary hearing as to whether the outcome of the trial would have been different had counsel not … hearing "is necessarily deferential to a PCR court's factual findings based on its review of live witness …
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njcourts.gov
… from the use of any drugs or alcohol, and successfully completing a drug counselling program. Appellant failed to … and capricious." Ibid. With respect to the Board's factual findings, we do not disturb them if they "could … section entitled "Summary of Evidence Relied On/Findings of Fact." There, the hearing officer refers only to the …
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njcourts.gov
… DOCKET NO. A-2132-18T2 FIRST AMERICAN TITLE INSURANCE COMPANY and FIRST JERSEY TITLE SERVICES, INC., … their judgment lien. We affirm. I. We derive the following facts from the record. In October 1990, defendant filed a petition for bankruptcy. In response, plaintiffs commenced adversarial proceedings against defendant seeking …
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njcourts.gov
… vacate a sheriff's sale. We affirm. We derive the following facts from the record. On July 25, 2014, defendant executed … and has not made any mortgage payments since then. After complying with the Fair Foreclosure Act, N.J.S.A. 2A:50-56, … a trial judge's application or denial of equitable remedies should not be disturbed "unless it can be shown that …