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… for racketeering, N.J.S.A. 2C:41-2 (count one); knowingly committing murder, N.J.S.A. 2C:11-3(a)(2) (count four); second-degree conspiracy to possess, manufacture, distribute a controlled dangerous substance, … thirty-eight); two counts of third-degree possessing, manufacturing, or distributing a controlled dangerous substance, …
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… relief in the People's Court in China; she instead filed a complaint in our courts in May 2019, claiming Kahn should … See R. 1:38-3(d)(1). 3 A-2096-19 financial success. Fang's complaint demanded, among other things, an order granting … "may modify a child 3 There is no significance to the fact that the parties' divorce was not the subject of …
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… life (PSL), N.J.S.A. 2C:43-6.4(a), and would be required to comply with the requirements of Megan's Law, N.J.S.A. 2C:7-1 … the matter with counsel. Further, defendant provided a factual basis for his offenses. On the endangering charge, … among other claims, that PSL "violates the ex post facto clause," "is unconstitutional and should be …
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… discovery orders and the Rules of Court, refusing to comply with discovery requests. As a result of their … pursuant to the terms of the Case Management Order. In fact, defendants failed to meet every deadline in the Case … adjourned the motion until "March 29, 2019, so that you may comply with R.4:23-5(a)(2)." The judge further advised, As …
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… separate "continuing guaranty" for each of the agreements, committing to promptly pay all "liabilities, obligations and … in April and May 2016. On October 14, 2016, BMO filed a complaint against defendants, seeking a judgment and … each case must be resolved on its own particular facts.'" Ibid. The Court noted "[c]ourts should use Rule …
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… Michele M. Fox entered the order denying PCR and rendered a comprehensive and well - reasoned twenty-nine-page written … COUNSEL'S FAILURE TO INVESTIGATE AND RAISE MITIGATING FACTOR [FOUR] AT SENTENCING. (Raised Below). 1 We remanded … health issues and argued for application of mitigating factor four, N.J.S.A. 2C:44-1(b)(4).5 In support of his 4 As …
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… for that evening and that there was no discussion of E.L.H. coming to her house. Nevertheless, E.L.H. arrived at N.D.'s … of the FRO against him was erroneous as both a matter of fact and law. He contends there is insufficient evidence to … these contentions on appeal, we defer substantially to the factual findings of the trial judge, who had the opportunity …
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… plaintiff's appeal because plaintiff purposely omitted income information in its response to the local tax assessor. … only briefly recount the procedural history and relevant facts, focusing chiefly on the circumstances pertaining to … from the property.4 We note, moreover, that the Tax Court's factual findings were based on testimony and documents that …
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… PSA, Phillips pleaded guilty in federal district court to committing wire fraud, for which he served approximately … with the parties' consent, Deal's request that Phillips be compelled to pay the temporary $1000 per month previously … ABUSED ITS DISCRETION BY MAKING UNREASONABLE FINDINGS OF FACT INCONSISTENT WITH THE EVIDENCE BY FAILING TO MODIFY …
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… for the reasons expressed by the PCR court in its comprehensive written decision. In our earlier opinion, we … which he would otherwise not have done. Applying the factors under State v. Slater, 198 N.J. 145, 157-58 (2009), … of law abiding behavior." The PCR court then set forth the facts surrounding defendant's conviction and turned to the …
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… APPELLATE DIVISION DOCKET NO. A-0168-19T1 RUSSELL SMITH, Complainant-Appellant, v. MOORESTOWN TOWNSHIP, … the applicable legal principles, we affirm. The pertinent facts are simple and undisputed. On June 28, 2019, Smith … express or implied legislative policies, is based on factual findings that are not supported by substantial …
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… 4, 2019 adjudication of delinquency for acts which, if committed by an adult, would constitute possession of a … did not witness the assault but heard muffled shouts coming from the driveway, saw K.R.'s car, and saw R.J. … AND WAS UNABLE TO RECALL SIMPLE, BUT ESSENTIAL, KEY FACTS AT TRIAL BUT THE COURT IGNORED ALL INCONSISTENCIES AND …
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… after an evidentiary hearing. We affirm. I. The following facts are derived from the record. A jury convicted … to the trial court's analysis. Under N.J.S.A. 2C:43-7.1(a), commonly known as the 1 Defendant also alleged he was … mind the substantial deference we owe to the trial court's factual findings and witness credibility assessments from …
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… he could not seek release under the Rule until he completed his mandatory period of parole ineligibility … COURT MISAPPLIED THE PREVAILING LAW AS IT RELATES TO THE FACTOR[S] UNDER STATE V. PRIESTER, REGARDING THE 'SERIOUS … defendant's Rule 3:21-10(b)(2) motion was barred due to the fact that he is currently serving a sentence subject to a …
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… Department of Corrections (NJDOC), which found that he committed certain prohibited acts and imposed disciplinary … his clothing had been altered. The DHO also stated that the fact that Ibrahim had destroyed the item "suggests he was … the .256 charge to a *.708 charge. He contends there was no factual basis for the *.708 charge. Ibrahim asserts he only …
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… reasons that follow, we affirm. I. We discern the following facts from the record. Rao and Patel each owned a … arbitration before a retired judge. The arbitration commenced on July 19, 2016 and concluded three years later … of the lodestar standard and calculation thereof and the factors set forth in RPC 1.5(a). We note that plaintiffs …
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… accident in his police vehicle and he went to the hospital complaining of back pain. In September 2010, Dr. Casden … Dr. Casden's expert opinion as his treating doctor and the fact that Harak was able to perform his duties as a State …
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… Fuentes, 217 N.J. 57, 70 (2014). We give deference "to the factual findings of the trial court so long as those … as N.J.S.A. 2C:40-26 that required a minimum sentence. In fact, N.J.S.A. 2C:40- 26 was not effective until 2009. See …
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… Plaintiffs-Appellants, v. LT. GOVERNOR SHEILA Y. OLIVER, COMMISSIONER, NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, … their failure to avail themselves of the administrative remedies provided them by the Legislature under N.J.S.A. … Although the dispute has a tortured history, the essential facts, for our purposes, are easily summarized. Under the …
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… plea, he ultimately withdrew that motion. Based on these factors, the judge determined that "the discovery in … ON HIS CLAIM THAT HIS ATTORNEY RENDERED [IAC] BY FAILING TO COMMUNICATE, VISIT, REVIEW DISCOVERY WITH HIM, OR PURSUE … hearing, we "conduct a de novo review of both the factual findings and legal conclusions of the PCR court." …