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… conviction and sentence on August 1, 2019. The underlying facts are recounted in detail in State v. Corvil, No. A- 3 … has "a due process right to an 'impartial and mentally competent' tribunal." State v. Mohammed, 226 N.J. 71, 83 …
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… adequate justification. The ordinance was adopted on the recommendation of the Borough's Planning Board. Under the … in Judge McCloskey's scholarly opinion. We add only a few comments. Certain general principles of land use and … adoption of ordinances does not require formal findings of fact, but its determinations must be adequately supported by …
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… second PCR petition was time-barred. I. The salient facts and procedural history were previously detailed in our … 3:22- 12(a)(2), following a non-evidentiary hearing. In a comprehensive twenty-four- page memorandum of decision, the … allege a new constitutional right, or a newly discovered factual predicate, and excusable neglect could not be argued …
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… plaintiff Ultimate Force LLC (Ultimate) filed a verified complaint and order to show cause seeking enforcement of N.J.S.A. 40:55D-10(g)(2), compelling the Board to prepare a written resolution … statement of reasons containing the court's findings of fact and conclusions of law in support of its order appears …
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… hearing officer's determination that while incarcerated he committed prohibited act *.306, barring conduct which … credible evidence in the record. I. We glean the salient facts from the record before the DOC hearing officer. On … 3 A-3326-22 That same day, Rojas was charged with committing prohibited act *.005, N.J.A.C. …
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… of defendant Germaine N. Johnson for his failure to comply with discovery obligations. Having reviewed the … After moving into the apartment, she made several complaints to defendants regarding the bathroom. Three … apply the "proper" principles of law, misrepresenting the facts regarding the scheduling of oral argument, failing to …
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… period to run concurrent with his life sentence. The facts underlying defendant's conviction are set forth in our … that the new evidence must have been discovered after completion of trial and must not have been discoverable …
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… personal and real property of a local exchange telephone company, defined as “a telecommunications carrier providing dial tone and access to 51% … delivery . . . .” Id. at 74. The Tax Court found the fact “[t]hat the business personal property being taxed is …
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… (App. Div. Jan. 5, 2023) (Otero I).1 We incorporate the facts 1 Although defendant holds a deed to and resides at … 2022 orders. See R. 2:5-4(a) (limiting appellate review to competent evidentiary materials presented to the motion … 320 (2013); see also Crowe, 90 N.J. at 132-34. "[T]hese factors must be 'clearly and convincingly' demonstrated." …
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… Pieper with written disciplinary charges, alleging he committed prohibited act .402. The sergeant conducted an … Counsel substitute requested leniency. The hearing officer completed an adjudication form, which she showed to Pieper. … treatment, which must be considered in light of the fact that disciplinary sanctions reflect the particular …
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… Law Division's March 30, 2023 order dismissing plaintiff's complaint against it with prejudice, essentially arguing the … Department of Environmental Protection (Department) filed a complaint against Alsol pursuant to the New Jersey Spill … or costs to Alsol was not an abuse of discretion under the facts of this case. … STATE OF NEW JERSEY, DEPARTMENT OF …
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… (DOC) upholding a hearing officer's determination that he committed prohibited act *.803/*.002, attempting to assault … N.J.A.C. 10A:4-4.1(a)(1)(ii), (xxiv). We affirm. We derive facts from the DOC "preliminary incident," "special … Curry to "cuff up." Curry remained on his bed, refusing to comply with commands of the officers and accompanying …
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… JOSEPH N. DIVINCENZO, JR., ESSEX COUNTY BOARD OF COUNTY COMMISSIONERS,1 ATTORNEY GENERAL OF NEW JERSEY MATTHEW J. … is now known as the Essex County Board of County Commissioners. 3 A-3689-22 Newark Corporation Council … trial court; thus, considering and accepting as true the facts alleged in the complaint, we determine whether they …
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… Defendant was indicted for second-degree conspiracy to commit robbery, first-degree robbery of Shakime Peppers; … that an evidentiary hearing is warranted to develop the factual record in connection with an ineffective assistance … of counsel; (2) there are material issues of disputed fact that must be resolved with evidence outside the record; …
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… eligibility term (FET). We affirm. We recount only such facts as are necessary for our decision. In May 1995, … finding "a substantial likelihood exists that [he] would commit a new crime if released on parole at this time." The … health issues "further complicate matters." Mitigating factors were considered including his participation in …
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… and had no alcohol in his blood. The officer and his tour commander then decided to call in a drug recognition expert … IMPROPERLY DENIED 5 A-0927-16T1 We "accord deference to the factual findings of the trial court, which had the … State v Scriven, 226 N.J. 20, 32 (2016). "[W]e must respect factual findings that are 'supported by sufficient credible …
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… its assignment in October 2015. UMB filed its foreclosure complaint in January 2016. Appellant filed an answer … defenses and counterclaims; and 3) equitable remedies support vacating the judgment. We consider these … due to a clear chain of mortgage assignments and the fact that the note was indorsed in blank and followed the …
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… both orders. Therefore, we summarize only the most salient facts here. On May 21, 2004, defendant 561 Broadway LLC … 2, 2004. Broadway used the mortgage funds to purchase a commercial property in Westwood. Defendant Robert Schroeder … arguing that the judge "overlooked probative evidence and factual contentions" in making his rulings. She claimed that …
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… appear on the return date of the domestic violence cross-complaints, which were dismissed five days after defendant … counsel nor the prosecutor participating, defendant's factual basis was somewhat tentative. Defendant: Well I did … should not undertake to alter concurrent findings of facts and credibility determinations made by two lower …
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… a juvenile, was adjudicated delinquent for acts which, if committed by an adult, would constitute second-degree … (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). "[T]he factual findings of the trial court are binding on appeal … Super. 155, 165 (App. Div. 2003). "[W]e do not disturb the factual findings and legal conclusions of the trial judge …