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njcourts.gov
… BEEN GRANTED BECAUSE AT ORAL ARGUMENT HE PROVED THAT THE FACTUAL PREDICATE FOR THE RELIEF SOUGHT COULD NOT HAVE BEEN … THROUGH THE EXERCISE OF REASONABLE DILIGENCE, AND THE FACTS TO THE FARETTA ISSUE THAT WAS RAISED IN THE PCR COURT … DEFENDANT WITH A FAIR PROCEEDING LEADING TO A JUST OUTCOME. We affirm the denial of defendant's second PCR …
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njcourts.gov
… consequently, she moved in February 2016 for an order compelling payment of Thomas's fifty percent share of the … of either party to pursue an appropriate fee award upon completion of the remand proceedings. To explain our … was further limited or informed by paragraph 3. Indeed, the fact that Helen undertook to comply with her paragraph 3 …
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njcourts.gov
… affirm. Absent an evidentiary hearing, our review of the factual inferences drawn by the PCR court from the record is … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. The array of inadequate … and defendant's sworn response that, notwithstanding that fact, he knowingly and voluntarily accepted the plea …
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njcourts.gov
… went into receivership with the Federal Deposit Insurance Company (FDIC) acting as receiver. In September 2008, JP … all WAMU loans. On March 28, 2014, Chase Bank filed a complaint against defendant seeking to foreclose on the … foreclosure complaint and had fraudulently misrepresented facts in its certification of diligent inquiry. The Chancery …
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njcourts.gov
… and O'Connor. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2015-1255 and 2016- 1528. Walter R. … argued the cause for respondent New Jersey Civil Service Commission (Gurbir S. Grewal, Attorney General, attorney; … to a "plenary hearing on genuine issues of material fact raised by appellant's appeals." Our review of the …
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njcourts.gov
… The application stated appellant's primary sources of income were social security and pension benefits. It also … Without this information, [the] BCBSS was unable to complete its eligibility determination and the denial was … 182, 194 (2011)). In cases when an agency head reviews the fact-findings of an ALJ, a reviewing court must uphold the …
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njcourts.gov
… add the following remarks. We incorporate by reference the facts and procedural history set forth in our October 17, … the occupants of the store from leaving while two of his accomplices removed jewelry from the cases. Although he was … direct appeal, which was limited to the adequacy of the factual basis for his guilty plea, and the sentence imposed. …
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njcourts.gov
… "is clearly inappropriate due to the inmate's lack of satisfactory progress in reducing the likelihood of future … its increasing seriousness and (3) his prior opportunity on community supervision. Acknowledging that only five years … he contends his thirty-year incarceration makes those factors "less weighty" and that the use of those factors – …
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njcourts.gov
… to set aside the order dismissing her personal injury complaint with prejudice pursuant to R. 4:23-5(a)(2). NOT … in court on the return date of the motions. He sent a per diem lawyer who expressed her understanding that all … "given that all outstanding discovery materials were in fact provided to the Defense prior to the date the Motions …
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njcourts.gov
… PCR. Moreover, there must be "material issues of disputed fact that cannot be resolved by reference to the existing … words, defendant makes a conclusory allegation without any factual support. Such unsupported claims cannot establish a …
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njcourts.gov
… of discretion in denying the motion. We relate only the facts that are necessary. In 2013, plaintiff filed suit … $24,184.50. When that real estate deal could not be completed, she alleged defendants owed her these monies. Two … cause to overturn" the previous order. The court noted "all factual predicates, including exhibits" were available to …
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njcourts.gov
… be seeing "may or may not" be the perpetrators. D'Ambrosio completed a "Show-Up Identification Procedures Worksheet" … Decision Not To Suppress The Identification Was Based On Factual Findings Unsupported By The Record. B. P.V.'s … of Mr. Rouse. We defer to the trial court's findings of fact, so long as they are supported by sufficient credible …
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njcourts.gov
… crime scene to the gas station, she spoke Spanish and he communicated with her entirely in Spanish. During the short … no need for a further hearing to explore the additional factors set forth in State v. Henderson, 208 N.J. 208 … the record, we find no basis to disturb the judge's factual findings and credibility determinations. See State …
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njcourts.gov
… arbitrator. They interviewed several candidates, and after completing those interviews, the parties selected Mr. … retain him. In February 2009, defendant filed a motion to compel arbitration, appoint a new arbitrator plus an … his right to enforce arbitration. We conclude under the facts of this case that the parties knew of their initial …
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njcourts.gov
… Because the judge correctly applied the law and made factual findings that were supported by the record evidence, … October 9, 1997, in which he agreed to pay $4,000 to the Commissioner of the Department Banking and Insurance of the … recognize defendant's arguments, apply the law to the facts of the case, and consider controlling case law. II. We …
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njcourts.gov
… Bishop-Thompson. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … order and remand for further proceedings. We discern the facts from the record. Safet Saiti filed a petition with the … (2014)). Thus, we review the workers' compensation court's factual and credibility findings with "substantial …
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njcourts.gov
… with two parties: Likissa Properties, LLC, to purchase commercial real estate in Gloucester City (the property); … costs against the LLCs. The judge's ruling turned on two factors. First, he found there was no closing because "there … The [c]ourt evaluates the testimony according to the factors set forth in the model civil jury charge. The …
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njcourts.gov
… of Administrative Law (OAL) for a hearing. We derive our facts from the OAL testimony. Petitioner had been employed … "freaking out" during the ride to the hospital but that was common behavior. 3 A-3333-21 Upon arrival at the hospital, … Arenas, 385 N.J. Super. 440, 443-44 (App. Div. 2006). The factual "findings of an ALJ 'are considered binding on …
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njcourts.gov
… 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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njcourts.gov
… 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. … a2758-22.pdf … A-2758-22 – STATE OF …