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… also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair trial. We affirm. The following facts were presented during the evidentiary hearing on … evidence. In reviewing a motion to suppress, we "uphold the factual findings underlying the trial court's decision so …
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… of March 7, 2016, we affirm both orders. We add some brief comments. The charges arose when during the early morning … of insanity would run afoul of the State's involuntary commitment laws [] 4. The court wrongly concluded that the … are appropriate. Id. at 343. It is only when there are facts that clearly establish the appropriateness of such an …
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… In this appeal, the State does not dispute the following facts. In 2009, Bernard Rice was employed by the … USE OF A DEFENDANT'S PRE-ARREST SILENCE, AND PROVIDED AN INCOMPLETE AND DEFECTIVE CHARGE ON THE USE OF A DEFENDANT'S … permit trial judges to choose from a broader set of remedies to address Batson /Gilmore violations on a case-by-case …
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… The State's rejection of Defendant from PTI, against the recommendation of the PTI director, should be reversed, … Abuse of Discretion. A. The State considered inappropriate factors against Defendant's admission into PTI, and failed to consider positive factors. 1. It was inappropriate for the State to treat this …
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… defendants were found guilty of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2; first-degree armed … certif. denied, 223 N.J. 404 (2015). 4 A-2629-15T2 II. The facts underlying the home invasion that was the basis for … He then tested the swab of a bloodstain on Vega's boot, compared it to R.P.'s and J.P.'s DNA profiles, and found a …
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… DIVISION DOCKET NO. A-2998-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.H., SVP-731-15. ___________________________ … framework in mind, we 3 A-2998-15T5 will now consider the facts that led to A.H.'s commitment under the SVPA. On … was "most likely . . . due to antisocial and situational factors, including poor impulse control, physical …
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… 3 A-0973-16T3 but ordered that he submit a DNA sample and comply with Megan's Law, N.J.S.A. 2C:7-1 to -23. The judge … by clear and convincing evidence that, given the particular facts and circumstances of the offense and the … PCR judge noted that the sentencing judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant …
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… incident. Both plaintiffs sought copies of all 911 calls, computer-aided dispatch (CAD) reports, and police dispatch … July 13, 2015, the trial court issued written findings of fact and conclusions of law regarding plaintiffs' requests … in a litigation. A plaintiff must demonstrate: "(1) 'a factual causal nexus between plaintiff's litigation and the …
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… DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT and BROOKDALE COMMUNITY COLLEGE, Respondents. … of these claims were not provided to us. 3 We glean these facts from the record, as a copy of the deputy director's … semester, as any offer was subject to enrollment and other factors. The Board found that the contingency did not …
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… would pay a lump sum of $55,000 to plaintiff as full satisfaction of all alimony obligations. That agreement was … defendant's child support obligation. The court embodied its rulings in a September 16, 2014 order. Addressing … court." To calculate each parent's percentage share of income for purposes of guidelines-based child support, the …
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… about her financial needs. She claimed the court made factual errors about her ability to earn income. Plaintiff argued the court erred in its distribution … N.J. 394, 413 (1998)). We are bound by the trial court's factual findings so long as they are supported by sufficient …
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… from the trial court's April 13, 2018 order dismissing its complaint to set aside the award of a contract to defendant … waivable, and dismissed the complaint. We now affirm. The facts derived from the record are summarized as follows. … not have been accepted. Quoting from our decision in Bodies by Lembo, Inc. v. County of Middlesex, 286 N.J. Super. …
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… Because our review of the record convinces us the errors complained of, either singly or in combination, did not … and that there was no indication in their diagnostic studies of any post-traumatic cause of their pain. As to Mr. … the judge found it not "inappropriate in a case with these facts." The judge elaborated: You know, this is not a case …
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… fees. We affirm. This appeal arises from the following facts. On October 29, 2012, Superstorm Sandy struck New … to customers at three of Hess' stations was all or part diesel fuel, but mislabeled as regular gasoline. Customers … retained Class Counsel, and on November 21, 2012, filed a complaint against Hess seeking relief on their own behalf …
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… for the Stavola Lot remaining in effect. Plaintiffs filed a complaint in lieu of prerogative writs in the Law Division … meetings in private. The OPMA requires meetings of public bodies "be open to the public at all times." N.J.S.A. … provide any evidence the resolution lacked adequate factual findings. Finally, we reject plaintiffs' argument …
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… N.J.S.A. 2C:18-2(a)(1); third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a)(1) and 2C:18-2(a)(1); … we agree and reverse her convictions. I. We summarize the facts from the evidence presented at trial. In the early … State v. Kittrell, 145 N.J. 112, 130 (1996). The critical factual issue on all three charges against defendant was her …
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… Suter and Grall. On appeal from Division of Workers' Compensation, Department of Labor and Workforce Development, … Legislature."4 II. Where the question raised is legal, not factual, we owe no "special deference" to the compensation … law and the legal consequences that flow from established facts." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) …
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… a teenage son who lives with plaintiff. Plaintiff filed a complaint for divorce in 2014. On August 21, 2017, one month … parties' incomes. The arbitrator analyzed the Rule 5:3-5(c) factors and granted defendant counsel fees totaling $18,000 … had the funds and ability to hire counsel as she has, in fact, been represented by at least five . . . different …
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… The remaining counts and related charges would be recommended for dismissal. As far as the recommendation … to the judge's questions, defendant provided the following factual basis under oath: THE COURT: Let's talk about count … defendant to ensure there was a valid and complete factual basis for both the second degree aggravated assault …
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… defendant whittled down plaintiff's original ten-count complaint to two counts: defamation/slander (count one) and violations of the Telecommunications Act (TCA), 47 U.S.C. §§201 -231, and Federal … the jury's credibility determinations and findings of fact and then substitute her own. Ultimately, the jury's …