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… to convict a defendant even when bias did not motivate the commission of the offense. Defendant David Pomianek, Jr., co-defendant Michael Dorazo, Jr., and Steven Brodie, Jr., worked for the Parks and Recreation Division of … with a coworker in 2 For a more detailed discussion of the facts, see State v. Pomianek, 429 N.J. Super. 339 (App. Div. …
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… In the Matter of Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (A-22-13) (072810) Argued … conflict of interest.” 11 U.S.C.A. § 327(a), (c). Under the facts presented in this matter, the Court does not find a … have a material impact on the creditor’s bottom line; other facts suggest an unusual or disproportionate impact on any …
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… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson … to defer to the ultimate finding of probable cause when the facts and inferences do not support that conclusion. (pp. … “evasive” and looked as though he might “run,” he gave no factual support for those subjective feelings. In addition, …
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… Attorney for the Defendants PROCEDURAL HISTORY This matter comes before the Court after a trial for eviction pursuant … 2021 and a trial followed on March 3, 2021. BACKGROUND A. Factual Background The hearing on January 27, 2021 to … as “a temporary limitation on one of the multiple remedies available to landlords.” Defendant notes that tenants …
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… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … language to adopt.” See 39 N.J.R. 3780(b) (Sept. 4, 2007). FACTS AND PROCEDURAL HISTORY Plaintiff is an Ohio … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … the apportionment computation uses the CBT allocation factor, “adjustment of the factor may be sought in instances that its application …
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… effective defense, to assert the right to confrontation and compulsory process of witnesses, and to due process -- in … whether good cause exists to grant the motion. One factor the court may consider when evaluating good cause is … on remand. The Court expresses no view, however, of the facts of this case or how the trial court should rule on …
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… of the charges that will be filed against him, even when no complaint or arrest warrant has been issued identifying … seek to interrogate, the officers must disclose that fact to the interrogee and inform him in a simple … sound like “firecrackers” and saw a man wearing a black hoodie get into a blue SUV; (2) a witness who said he was an …
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… designed to provide medical assistance to persons whose income and resources are insufficient to meet the costs of … for family size. (pp. 30-33) 4 2. Reliance on the fact that eligible candidates under 42 U.S.C. § … (which is entitled, “Eligibility for benefits”); (2) the fact that Medicaid eligibility is tied to SSI eligibility in …
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… pled guilty to second-degree aggravated assault based on accomplice liability. His prison intake form indicated that … as mandated by NERA. The court also assessed the various factors for considering Rule 3:21-10(b)(2) motions set forth … release. Defendant asserts that Rule 3:21-10(b)(2) “embodies the judiciary’s inherent power to release an infirm …
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… the manner in which a trial court should assess the competency of a child witness to testify. In 2009, when M.C. … whether the judge’s own hypothetical misstatement of fact –- that a rectangular book was round -– constituted the … defendant “didn’t do it.” The State called additional fact witnesses and an expert witness on pediatric sexual …
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… count of second-degree possession of a firearm during the commission of certain crimes; and one count of second-degree … with the majority. Id. at 7 A-0937-19 the court noted the factors pertinent to whether it could properly accept a … that it is "strongly inferable the jury has made actual fact-findings or reached determinations of guilt or …
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… argued the cause for intervenor New Jersey Republican State Committee, Inc. (Archer & Greiner, PC, attorneys; Jason N. … nomination for that office. I. We summarize the relevant facts from the limited administrative record giving rise to … appeals. In doing so, we note that the material facts are not in dispute and the issues presented involve …
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… AMENDMENT DUE PROCESS RIGHT[S]. V. THE PROSECUTOR COMMITTED MISCONDUCT DUE TO THE IMPROPER GRAND JURY … 9 A-0798-22 I. In this section, we discuss the foundational facts underlying all of the appellate issues in greater … place defendant's arguments in context. We supplement those facts in each section to address defendant's separate …
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… variances, and several bulk variances to demolish existing commercial structures and two second-floor apartments … uses on the single lot," it must consider extraneous facts to interpret the application of Bay Head, NJ, … along Bridge and Lake Avenues, frontages along two bodies of water, Scow Ditch and Twilight Lake, and eleven …
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… Gummer. On appeal from the New Jersey Cannabis Regulatory Commission (A-0947-21) and from the New Jersey Department of … monitoring by Treasury to ensure that they are, in fact, operating as WBEs. I. We discern the relevant facts and procedural history from the two administrative …
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… to WHITTAKER, CLARK & DANIELS, INC., CYPRUS AMAX MINERALS COMPANY, individually and as Successor-in-Interest to … McNeill-George presented a claim for defective manufacturing. Beginning on June 29, 2019, and lasting for … Without discussing the details of the publication or any studies contained therein, Webber concluded that when a person …
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… by these appeals, and the necessary consideration of the complex state and federal environmental statutes and regulations at issue, we detail the facts with a greater degree of granularity than ordinary. In … by DuPont, hosted such operations as explosives manufacturing, industrial diamond manufacturing, and storage and …
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… and (3) Lot 13 merged with other nearby lots formerly in common ownership and should not have been sold without … affirm all of them. 4 A-3984-21 I. We glean the following facts from the record. Lot 13 lies within the "R- 100 Zone" … support for and the reasoning behind its findings of fact, and therefore dismissed the remainder of plaintiffs' …
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… lived. When police arrived, they discovered Gary's bloodied and lifeless body on the kitchen floor. It was later … jury that "[t]he indictment charges that the defendant has committed the crime of homicide." The court stated that … pleaded guilty to the VOP charges, offering as the factual basis for his plea that he had violated his …