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… Readington Detective Brown applied for and was granted a communications data warrant (CDW) to access and search the … the welfare of a child, N.J.S.A. 2C:24-4a. On September 26, 2019, defendant entered a guilty plea to one count of … defense counsel's request for consideration of mitigating factor two and seven, explaining that based on the "totality …
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… 2016, and divorced in June 2017. They had one child together, Sam, born in 2012. Sam is defendant's only child. … into the MSA. After the divorce, the parties successfully communicated and shared parental responsibilities for Sam … when it misinterpreted and misapplied the best interests factors under N.J.S.A. 9:2-4, and in denying plaintiff's …
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… and considering the applicable aggravating and mitigating factors, the judge imposed the same time 7 A-3718-21 periods … that denial, State v. Evans, No. A-1702-11 (App. Div. Aug. 26, 2013), and the Supreme Court denied defendant's petition … entitled "Change of Judgment of Conviction and Order for Commitment 10/2/17 – AMENDED AS TO COUNTS ONLY," which was …
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… DENIAL OF REQUEST FOR ADJUDICATORY HEARING UNDER N.J.A.C. 7:26C-9.10, DATED MAY 12, 2022, CONCERNING THE DEPARTMENT'S … 760 New Brunswick Urban Renewal Limited Liability Company (Steven T. Senior, of counsel and on the brief; … LLC (Delphi) previously owned the Site where it manufactured automobile batteries. In 2006, Delphi sold the …
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… (the Association), a non-profit organization. The complex consists of 150 residential units and two commercial … fees are used by the Association as the annual operating budget for Empress House, including payment of utilities, … Association's efforts to repair the issue had been "unsatisfactory." Although the court was critical of the way the …
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… in support of her application demonstrated that she had completed a master's degree in social work in May 2011. She … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … L. Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). Nevertheless, courts will not defer to an …
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… a second PCR petition. The petition did not include any factual assertions supporting the request for PCR beyond the … a probability sufficient to undermine confidence in the outcome. '" Gideon, 244 N.J. at 550-51 (alteration in original) … under the Supreme Court's decision in Torres, 246 N.J. at 268. "[T]here are two categories of illegal sentences: those …
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… petition); State v. Barkley, No. A-2464-05 (App. Div. Aug. 26, 2008) (affirming denial of defendant's second PCR … filed a pro se motion seeking resentencing under mitigating factor fourteen, permitting a sentencing court to consider … "defendant was under 26 years of age at the time of the commission of the offense," N.J.S.A. 2C:44-1(b)(14), enacted …
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… that count eight be merged into count seven but the NERA component of this sentence on count eight still applied. The … VACATED AS IMPOSITION OF MINIMUM TERM VIOLATES THE EX POST FACTO CLAUSE OF THE U.S. CONSTITUTION. POINT III – AS … whom the statute had not already run. State v. Nagle, 226 N.J. Super. 513, 517-18 (App. Div. 1988). In 1996, 10 …
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… certificate #16-00290 from the municipal tax assessor and commenced a tax foreclosure action against defendants in … counter by arguing the judge appropriately weighed those factors courts should consider in evaluating a motion to … court." Cmty. Realty Mgmt., Inc. v. Harris, 155 N.J. 212, 226 (1998) (quoting Stonehurst at Freehold v. Twp. Comm. of …
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… and to require plaintiff F.L.1 to disclose "any concealed income."2 We affirm both orders. I. The parties were married … for four-and-one-half years and weekly payments of $226 in child support. The JOD required the parties to revisit … substantial deference to the Family Part's findings of fact because of that court's special expertise in family …
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… but overlapping legal issues. 3 A-1248-23 The underlying facts and procedural history of this case are described in … concentration. Remache-Robalino filed a medical malpractice complaint against defendants. Like DiFiore, Remache- … matter from a fresh perspective. See Graziano v. Grant, 326 N.J. Super. 328, 350 (App. Div. 1999) (stating the power …
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… Union of New Jersey, American Civil Liberties Union, and Community Health Law Project (American Civil Liberties Union … legal 10 A-2734-22 consequences that flow from established facts are not entitled to any special deference." Manalapan … (2009) (quoting In re Commitment of W.Z., 173 N.J. 109, 125-26 (2002)). Reversed and remanded for the court to vacate …
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… v. WALTER R. EARLE TRANSIT, LLC, EARLE ASPHALT COMPANY, and JEFFREY L. EVANS, Defendants-Appellants. … those arguments because they are inconsistent with the facts in the record and RPC 1.7. When deciding a motion to … First Century Rail Corp. v. N.J. Transit Corp., 210 N.J. 264, 273-74 (2012). "[T]o strike that balance fairly, courts …
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… two counts of second-degree possession of a firearm while committing a controlled dangerous substance crime, N.J.S.A. … 6 A-3381-23 by relying upon irrelevant or inappropriate factors, by failing to consider all relevant factors, or by making a clear error in judgment." State v. …
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… on the property did not occur, plaintiff filed a verified complaint and an order to show cause on June 3 to compel the … by the marriage certificate exhibit), they have a child together, and they reside in the residence with her daughter … negligence claims. The record demonstrates appellant had in fact filed third-party negligence claims against real estate …
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… defendant did not want to be home alone. The Division commenced a Title Nine protective services action on April … defendant and Charles attended psychological counseling together, but, in June 2017, their therapist recommended … law and the legal consequences that flow from established facts are not entitled to any special deference." N.J. Div. …
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… Thapar argued the cause for respondent (Law Offices of Viscomi & Lyons, attorneys; Patricia R. Lyons, on the brief). … The judge held that "there was substantial evidence, factual findings by the expert on which a jury could clearly … 'presumption of correctness.'" Cuevas v. Wentworth Group, 226 N.J. 480, 501 (2016) (quoting Baxter v. Fairmont Food …
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… Holmes to dismiss a Bergen County indictment for failure to comply with the Interstate Agreement on Detainers (IAD). On … with a review of the pertinent authority. "The [IAD] is a compact entered into by [forty-eight] States, the United … v. Adams, 449 U.S. 433, 442 (1981)). We now turn to the facts of this case. In March 2014, a Bergen County grand …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … not have reached." State v. Chavies, 345 N.J. Super. 254, 265 (App. Div. 2001) (quoting State v. Macon, 57 N.J. 325, … is involved." Defendant premises this argument on the fact there was no evidence admitted into trial of actual …