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… The charges stemmed from a sexual offense defendant committed against his granddaughter in November 2009. At the … counsel prior to the hearing. Defendant also provided a factual basis for his plea. On June 6, 2012, defendant … nothing in the record to 6 A-2644-17T3 show that "expediency overtook vigilance," as defendant asserted. On the …
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… L. JENNINGS, Defendant, and ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent. … Id. at 97-98. Because they present mirror images of remedies designed to cure the same ill – a damages verdict that … a wide acceptable range — a range that accounts for the fact that different juries might return very different …
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… to the denial of his suppression motion, the undisputed facts established at the suppression hearing are summarized … him that defendant had CDS secreted in his pants, in a compartment located "in the flap of the jeans, by the … [however,] we do not find in the prosecutor's remarks a studied attempt to comment on [his] election not to testify." …
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… POINT II TRIAL COUNSEL FAILED TO PRESENT ANY MITIGATING FACTORS AT PETITIONER'S SENTENCING. Following our review of … performed services as defendant suggests. These bald facts are insufficient to sustain a grant of PCR. State v. … defendant argues counsel failed to present mitigating factors during sentencing. Specifically, defendant believed …
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… manner in which the alleged failure to file a direct appeal comes before us, we must vacate the order under review and … however, is whether defendant presented an adequate factual basis for his Flores-Ortega argument. As we have … That eight-page document, however, does not provide a factual basis for the Flores-Ortega issue; other than …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2011-32820 and 2013-26473. … morning at 8 a.m. when the barge was closed. Based on the facts as she found them, the JWC determined that … 44 N.J. 589, 599 (1965)).] "Deference must be accorded the factual findings and legal determinations made by the Judge …
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… parties are fully familiar with the procedural history and facts of this case and, therefore, a brief summary will … daycare center. On August 5, 2015, she filed a seven-count complaint alleging that the Board's decision was arbitrary, … The reason for this standard is that 6 A-3833-15T3 public bodies, because of their peculiar knowledge of local …
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… defendants' submissions, the Board deemed the applications complete and held public hearings on July 10, 2014, for … an order upholding 5 A-1853-15T4 the Board's decision. In a comprehensive statement of reasons, the judge determined … The courts "will give substantial deference to findings of fact, [however,] it is essential that the board's actions be …
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… PER CURIAM In this appeal, we must determine whether the Commissioner of Education (Commissioner) violated our … reassigned her to teach large departmentalized social studies classes for middle school students in grades five … 2011-2012, Pugliese received ratings of "basic" and "unsatisfactory," respectively. The District provided services to …
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… by their first names to avoid any confusion caused by their common surname. We intend no disrespect. 3 A-0272-16T2 From … 30, 2015, the Township filed an in rem tax foreclosure complaint pursuant to N.J.S.A. 54:5-104.29 against Webber … Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)).] Given the facts and equities of this case, we discern no abuse of …
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… issue a statement of reasons as required by Rule 1:7-4. The facts giving rise to the estate litigation are not pertinent … their mother's death in 2012 and led to their filing a complaint against Paul on October 11, 2012, alleging undue … reasons for its decision, . . . ‘stat[ing] clearly [its] factual findings and correlate[ing] them with relevant legal …
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… evidential rulings. We affirm. We gather the following facts from the record developed before the trial court. 3 … in the residence.2 Officer Sofield returned to the house, accompanied by defendant's mother. Sofield and another … testified at the suppression hearing that the TRO form was completed after the search was conducted. He explained that …
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… files of others similarly situated who obtained a waiver recommendation. After the decision in Benjamin, which … was modified to include only the aggravating and mitigating factors the prosecutor considered when the application was … threat to the community[.]" The denial continued: "the factual circumstances concerning the 'offense conduct' is …
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… her decision and "kept calling a lot trying to get [her] to come back, trying to explain what happened." At one point, … the earlier incident. As they were leaving, he asked her to come to his apartment but she said no and he slammed her car … The prosecutor's denial letter stated that "[t]he fact that the defendant threatened to use the weapon he …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2016-20578. John W. Pszwaro … 589, 599 (1965)). We accord "substantial deference" to such factual findings. Bellino v. Verizon Wireless, 435 N.J. … afford Atlantic an opportunity to challenge the legal or factual basis for awarding benefits to petitioner despite …
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… SEAMON, Plaintiff-Respondent, v. STATE FARM INSURANCE COMPANY, Defendant-Appellant. ______________________________ … new complaint to pursue her bad faith claim. The underlying facts are straightforward and uncontested. In 2012, … the jury's verdict is the trigger for the sanctions and remedies of Rule 4:58-2 or, conversely, whether the molded …
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… 2018 2 A-4325-16T2 defendant William J. Devorak, Jr. to accommodate defendant's parenting time with their now … not submitted a Certification of Services addressing the factors" for consideration of a counsel fee award as … "Certification of Services failed to address a myriad of factors under [Rule] 5:3-5(c)." Therefore, despite finding …
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… When reviewing a motion to suppress, we "must uphold the factual findings underlying the trial court's decision so … review of a trial court's application of the law to the facts. State v. Cryan, 320 N.J. Super. 325, 328 (App. Div. … 4 A-3346-17T4 vehicle stop to continue the detention after completion of the valid traffic stop," and (2) the consent …
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… 8 A-1788-17T4 does not reduce the number of DWIs defendant committed. See State v. Revie, 220 N.J. 126, 139 (2014) … 39:3-40 and criminal statute N.J.S.A. 2C:40-26(b) did not become effective until after his first DWI conviction in 1979, … under the criminal statute should be reversed. Despite the fact that a second DWI conviction is a prerequisite to the …
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… thing she heard was the sound of someone being hit and "a commotion." After that she was unable to contact her husband … . . . the interpreter was ordered not to translate, and the fact . . . defendant would not have otherwise been permitted … WITH RESPECT TO HIS DECISION TO TESTIFY AT TRIAL, WHILE THE FACTUAL FINDINGS MADE BY THE TRIAL COURT UNDERLYING ITS …