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… dismiss all other counts from the indictments and recommend a consecutive sentence of five years for the first … review a PCR petition with deference to the trial court's factual findings. State v. Nash, 212 N.J. 518, 540 (2013) … request to discuss anything further with his attorney. In fact, defendant indicated he was satisfied with his …
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… 3:13-3(f). We reverse and remand. We glean the following facts from the record. On March 1, 2017, police were … statements but no transcripts. Trial was initially set to commence on November 28, 2017, but was adjourned to January … interviews given by Morton and Cox, but the latter was incomplete. A weather-related court closure delayed …
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… 2018 A-1975-16T2 2 I Plaintiff filed a domestic violence complaint under the PDVA alleging defendant committed an act of domestic violence by harassing him in … children would be interviewed by the caseworker. But the fact she was angry is beside the point. Feeling anger or …
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… 85 N.J. at 314. Regarding the first and third Carter factors, Judge Toto acknowledged that evidence that someone … of the evidence against defendant. As for the second Carter factor, the court found the evidence was "simply not new," … AND 5 A-2655-15T4 EXONERATING THE DEFENDANT FROM THE COMMISSION OF THE CRIMES. A. THE DEFENDANT'S RIGHT TO A …
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… State agreed to dismiss the charges in the indictment and recommend that the court sentence defendant to a term of … and the judge's questions, defendant provided the following factual basis in support of his guilty plea for fourth … to as . . . "A.M."? A. Yes. THE COURT: And you were, in fact, caring for her; is that correct? A. Yes. THE COURT: …
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… APPELLATE DIVISION DOCKET NO. A-0081-17T3 LESSNER ELECTRIC COMPANY, Plaintiff-Appellant, v. FIDELITY AND DEPOSIT … to state a claim pursuant to Rule 4:6-2(e) only if 'the factual allegations are palpably insufficient to support a … not be enforced because "APS did not act reasonable and, in fact, acted in bad faith in its dealings with Lessner." Our …
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… DIVISION DOCKET NO. A-1118-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.C. SVP 695-15. … information, including the Static- 99, is 'simply a factor to consider, weigh, or even reject, when engaging in the necessary factfinding under the SVPA.'" In re Commitment of R.F., 217 …
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… of the Municipal Land Use Law ("MLUL"), it was compelled to reverse and remand to the Board to weigh the … hired by plaintiffs represented that all work was done in compliance with the permits; however, plaintiffs later … to article 8 of this act; provided, however, that the fact that a proposed use is an inherently beneficial use …
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… Borough of Hawthorne appeals from the final decision of the Commissioner of the Department of Environmental Protection … evaluated the encroachment, considering all appropriate factors, including: "[t]he public benefit of the proposed … that the County presented evidence relating to all those factors. The Council considered: (1) the park's history, …
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… order, increase plaintiff S.S.'s child support obligation, compel plaintiff to pay retroactive child support, and for … significantly decreased since their divorce due to various factors, making it nearly impossible for him to meet his … [p]laintiff's average annual income. In this instance, the facts underlying the parties' dispute do not parallel those …
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… aggravated manslaughter. In exchange, the State agreed to recommend the dismissal of all the remaining counts contained … U.S. 648, 658 (1984), or to alternatively find "that the facts . . . are sufficient to establish prejudice under … omitted). Neither defendant nor the record provides factual substantiation for defendant's claim of ineffective …
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… car and put out cones for traffic control. The victims' bodies were extracted from the vehicle without his … him. He testified, "[t]he PTSD wasn't observed or did not come out until 2010." In his application for ADRB, … application was properly denied, we defer to the agency's factual findings, but owe no deference to its legal …
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… her determination to suppress, we affirm. We summarize the facts from the testimony presented at the suppression … individual in the car in a white shirt with a design commemorating a deceased individual. Nieves followed the … Johnson, 42 N.J. at 162). Our review "of a motion judge's factual findings in a suppression hearing is highly …
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… probation on January 8, 2014, with the requirement that he complete the Drug Court program, among other conditions. … March 11, 2016, defendant was charged in a federal criminal complaint for conspiracy to defraud the United States and … conducted an inadequate investigation "must assert the facts that an investigation would have revealed, supported …
njcourts.gov
… The caseworker corresponded with P.B.'s life insurance company and bank, however, without success. The caseworker … and (4) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [A.B. v. Div. of Med. Assistance & Health Servs., …
njcourts.gov
… the mortgage on June 1, 2008. Plaintiff filed a foreclosure complaint against Peryea on September 19, 2008, and obtained … on the property. The straw buyers would sign documents to become members of Rivertown holding companies that received … is true, as the [Nisevics'] original mortgage was in fact paid off. Since that time, moreover, [the Nisevics] …
njcourts.gov
… 2C:43- 6(c); and the judge's reliance upon aggravating factor (2), N.J.S.A. 2C:44-1(a)(2), in sentencing. We affirm. The facts are as follows. On October 4, 2012, Lieutenant Richard … the money, D.L. asked defendant for a ride to a building complex in Elizabeth. After he took D.L. to the requested …
njcourts.gov
… parties separated in September 2013. Plaintiff filed his complaint for divorce on the grounds of extreme cruelty and … of the increase in the account's value during the marriage, factoring in the amount withdrawn by plaintiff. In … was bottomed on a misconception of law or findings of fact that are contrary to the evidence.'" Sauro v. Sauro, …
njcourts.gov
… plaintiff Robert P. Wines successfully moved for an order compelling defendant Augusta Wines's compliance with various … fees request be determined based on a consideration of the factors in Rule 5:3- 5(c).1 The court stated it appreciated … existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. 6 A-2962-16T2 …
njcourts.gov
… served pursuant to the No Early Release Act. The following facts are derived from the trial record. On December 14, … The search revealed a black Airsoft pistol in the glove compartment, $930 cash in the center console, and a tactical … failed to conduct the requisite aggravating and mitigating factor analysis. Upon weighing the aggravating and …