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… order denying without prejudice his motion to modify his commitment to the Juvenile Justice NOT FOR PUBLICATION … 141 N.J. 434, 453 (1995) (quoting R. 5:24-6). The following factors are considered to determine whether to commit a … Prison Sentences, 242 N.J. at 370. In addition to other factors 8 A-0086-20T4 listed in N.J.S.A. 2A:4A-43, the …
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… challenges his conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), and … evidentiary hearing, we review de novo both the PCR court's factual inferences and its legal conclusions. State v. … enough that Brown entered the proposed victim's yard. That fact may have been an element of petty disorderly-persons …
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… PER CURIAM On leave granted, we consider whether plaintiffs complied with the requirements of the fictitious pleading … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan … name of a fictitiously identified defendant, "a crucial factor is whether the defendant has been prejudiced by the …
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… to defendant. The Law Division judge issued a thorough, comprehensive, and cogent opinion denying defendant's … defendant on February 22, 2019, the court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), and no factors in mitigation. On appeal, defendant raises these …
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… According to Callahan, Turner was a friend of hers who had come to her home the evening of November 19 with a woman … with a statement in which she confirmed that defendant had come to Callahan's house looking for her. Crystal explained … engaged in substantive discussion with him about the facts of the case after he had already received Miranda …
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… period of parole ineligibility. We recounted the salient facts addressing defendant's appeal from the judgment of … allegations, and . . . L.M. said that she first began to communicate with defendant in 2002 over the internet and had … in a prior proceeding only if defendant shows that the factual predicate for that ground could not have been …
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… property was to be sold 3 A-0158-19 in "[s]uch a state of facts as an accurate survey and inspection would disclose" … ($290,000) and the sheriff's 1 It claimed these costs were comprised of $38,528.20 in out-of-pocket expenses and … powers are charged with formulating fair and practical remedies appropriate to the specific dispute." Kaye v. …
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… immigration status. He contends that that violation was "compounded" when the trial court applied the same ruling to … is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) [i]t consists of …
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… the petition that was not ruled upon below. The underlying facts and procedural history are detailed in our unpublished … in question, but claimed he left the premises with a female companion before the shooting and went to another club in … the denial of relief on this issue under the Strickland factors was correct. Similarly, there is no merit to …
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… 2008, plaintiff has relied on: Social Security Disability income that left her with $824 in disposable monthly income … alimony, as the court did not expressly review the alimony factors under N.J.S.A. 2A:34-23(b), including -23(b)(10), … cases, counsel's failure to seek appropriate appellate remedies would be a proper "reason" for which relief under …
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… appellant guilty of prohibited acts *.803, "attempting to commit, aiding another person to commit or making plans to … should follow relating to high risk placement, as well as "factors to be considered" in designating an inmate as high … the parties' arguments the existence of the policy and the fact that 8 A-4889-17T1 the HRIDC applies the operating …
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… decision imposing administrative segregation, loss of commutation time, and loss of recreation privilege sanctions based on its finding he committed three prohibited acts during two incidents. We … erred" in applying the "legislative policies to the facts." In re Carter, 191 N.J. 474, 482– 83 (2007) (quoting …
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… provide information and documents regarding his spouse's income. See 3 A-3559-17T4 N.J.A.C. 10:71-5.5(a) (including the … and (3) 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. [Ibid. (quoting In re Stallworth, 208 N.J. 182, 194 …
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… agreed to pay plaintiff term alimony of $160 per week commencing one week after the sale of the marital residence … of Am., 65 N.J. 474, 484 (1974)). We will not disturb the factual findings and legal conclusions unless 7 A-3303-17T1 … on this issue should not be disturbed, especially given the fact that the expenses that she is seeking reimbursement for …
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… a January 2, 2020 order denying their motion to dismiss the complaint and compel arbitration. Defendants also appeal … the judge scheduled a plenary hearing to determine "what is factually disputed by the parties regarding [plaintiff] … 5, 2019 and January 2, 2020, the judge made the following factual findings. Plaintiff had various jobs prior to …
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… INSURANCE UNDERWRITERS, INC., d/b/a TRAVELERS INSURANCE COMPANY, Defendant-Appellant, and NYSA-ILA WELFARE FUND, … Because the party at fault was underinsured, Serio filed a complaint seeking to recover the resultant medical expenses … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
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… and thorough written opinion. We add only the following comments. A jury found defendant guilty of second-degree … penal exposure he faced, before defense counsel elicited a factual basis for the plea. The judge found the plea was … guilty to the drug charges is clearly unsupported, and, in fact, contradicted by the record. Similarly, the record is …
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… she had deflected the kick with her hand, and she had complained of pain and a cut on her hand. Police arrested … a grant or denial of a motion to suppress must defer to the factual findings of the trial court so long as those … TRO application to review, we do not have a sufficient factual basis by which to determine whether the municipal …
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… 2 A-2713-18T3 Defendant appeals the denial of his motion to compel the State of New Jersey to return items that were … other seized items that were not referenced in the complaint: knives, police notepads, a radio, and a baton. In … the motion judge that defendant "is willing to accept the fact that some of these badges could constitute contraband, …
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… nearly six years after it was entered. Defendant argued the factual basis for the plea was inadequate1 and that he was … to vacate 1 Defendant abandoned the argument regarding the factual basis for the 2012 guilty plea in his motion for … not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to …