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njcourts.gov
… Division judge again found the search valid. The pertinent facts are as follows. Howell Township Police Officer David … to defendant, Gilliland smelled the odor of marijuana coming from inside the vehicle. Gilliland informed defendant … to suppress evidence in a criminal case must uphold the factual findings underlying the trial court's decision, …
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njcourts.gov
… the motion judge reasonably understood defendant was complaining about cost - of-living adjustments (COLAs) and … it difficult to allocate child-care expenses "to the satisfaction of both parties." Nonetheless, as set forth in the … "AMPLIFICATION OF DECISION" LACK SUFFICIENT FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR APPELLATE REVIEW. Point II: …
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njcourts.gov
… on different dates. The substances were either heroin or a combination of heroin and fentanyl. The jury was unable to … were violated; (2) the aggravating and mitigating factors found by the sentencing 10 A-0135-19 court were not … record; or (3) "the application of the guidelines to the facts of [the] case makes the sentence clearly unreasonable …
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njcourts.gov
… Defender, of counsel and on the brief). Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for … Following the hearing, Judge Flynn summarized the relevant facts in a sixteen-page written opinion as follows: … a plastic bag containing suspected marijuana in the glove compartment. The search of Holiday recovered a clear plastic …
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njcourts.gov
… Indictment No. 08-10-0407 to third-degree conspiracy to commit burglary and a petty disorderly persons offense, and … "[A] court may relax the time bar if the defendant alleges facts demonstrating that the delay was due to the … The PCR court, however, failed to provide the factual or legal bases for that determination contrary to …
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njcourts.gov
… their May 25, 2017 Final Judgment of Divorce. The MSA is a comprehensive document. We mention only the sections that … section 5.1 instead of 5.5. 9 A-0523-19T1 We defer to the factual findings of the Family Part judge when there is … matters in the Family Part," according due deference to factual findings. Parish v. Parish, 412 N.J. Super. 39, 48 …
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njcourts.gov
… fourteen years old. In January 2019, the child began complaining of a headache and passed out shortly after. He … 7 A-3266-19 On December 10, 2019, Judge Furnari conducted a factfinding and compliance hearing, where he heard testimony … of Impairment Be Presumed. Our review of a family judge's factual findings is limited. Cesare v. Cesare, 154 N.J. 394, …
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njcourts.gov
… the production of the employer's records regarding Kraft's compensation, benefits, the PI Plan, and her termination. … Tribunal found that Kraft had been consistently rated satisfactory by other managers and had received related sales … 474, 482 (2007)). We normally "defer to the Board when its factual findings are based on 'sufficient credible evidence' …
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njcourts.gov
… JERSEY APPELLATE DIVISION DOCKET NO. A-2547-19 GUILIO MESADIEU, Appellant, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, … disk to the law library and was charged initially with committing prohibited act *.009. He appeals a final decision … he stated the hearing officer had not misinterpreted the facts, NJDOC was "in compliance with procedural safeguards," …
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njcourts.gov
… cause attributable to the work. We affirm. We summarize the facts from the January 30, 2020 hearing before the Appeal … exercise program. Barney intended "to continue with the company . . . in the spring" but "there was [no] agreed upon … In re Warren, 117 N.J. 295, 296 (1989). "If the Board's factual findings are supported 'by sufficient credible …
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njcourts.gov
… because her interactions with him caused her to feel uncomfortable. However, she went back to her previous shift in … or partial forfeiture of her pension," using the statutory factors in N.J.S.A. 43:1-3 as well as applicable case law, … makes two substantive arguments. First, she argues that the facts of her case satisfy the statutory criteria of N.J.S.A. …
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njcourts.gov
… filed a cross-motion for summary judgment dismissing the complaint, arguing that the 25% interest rate was 3 … motion judge denied summary judgment on damages, finding factual disputes in the record regarding what Jadallah paid. … well-established scope of review: "we do not disturb the factual findings and legal conclusions of the trial judge …
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njcourts.gov
… costs on defaulted student loans than it sought in its complaints. We vacate the provisions of the orders under … collection costs sought in its complaints. I. The following facts are derived from the record. Defendants Teon D. … owed from defaulted borrowers who do not respond satisfactorily to the demands routinely made as part of the …
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njcourts.gov
… an illegal sentence. We affirm. We recounted the underlying facts in our opinion on direct appeal: At approximately 1:00 … shots fired in the backyard lot of 25 Aster Street. The bodies of Derrick Powell and Jhidoniane Anderson were … gun into the kitchen. O'Connor next saw the defendant's arm coming down as if he had placed something on top of a …
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njcourts.gov
… probation in connection with those offenses at the time he committed the acts for which he was convicted in 2008. 4 … THERE IS A REASONABLE PROBABILITY THAT IF THE DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE … burden, the defendant must allege and articulate specific facts that "provide the court with an adequate basis on …
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njcourts.gov
… arguments for our consideration: POINT I THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION WHEN HE STATED THAT … of the judgment of conviction. We recount the pertinent facts from the trial record. At approximately 12:30 a.m. on … prosecutors do "not make inaccurate legal or 6 A-3020-17T2 factual assertions during a trial and . . . confine their …
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njcourts.gov
… Middlesex County, Indictment No. 16-08- 1399. Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for … Defendant was indicted for third-degree conspiracy to commit burglary, theft and receiving stolen property, … of the criteria in N.J.S.A. 2C:43-12(e). With respect to factors one and two,1 nature of the offense and facts of the …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… his assailant. Following the assault, the uncle was in a coma for a week and he was hospitalized for almost three … in understanding the witness' testimony or in determining a fact at issue." N.J.R.E. 701; see also State v. Perez, 150 … testimony; (4) the jury needed to consider a number of factors, including (a) the witness' opportunity to "hear and …