njcourts.gov
… that count eight be merged into count seven but the NERA component of this sentence on count eight still applied. The … VACATED AS IMPOSITION OF MINIMUM TERM VIOLATES THE EX POST FACTO CLAUSE OF THE U.S. CONSTITUTION. POINT III – AS … under NERA for count eight violates the ex post facto clause of the United States Constitution. We reject …
njcourts.gov
… handgun, N.J.S.A. 2C:39-5b; (6) second-degree conspiracy to commit unlawful possession of a handgun, N.J.S.A. … "extraordinarily fair" considering there were no mitigating factors and the presence of aggravating factors. Defendant's counsel argued there were mitigating …
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… County, Docket Nos. L-0309-19 and L-0198-22. Metrolaw.com, attorneys for appellant (Robert A. Solomon, on the … of the Solomon firm. "We review de novo the trial [court's] factual and legal conclusions reached after a summary … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
njcourts.gov
… two counts of second-degree possession of a firearm while committing a controlled dangerous substance crime, N.J.S.A. … 6 A-3381-23 by relying upon irrelevant or inappropriate factors, by failing to consider all relevant factors, or by making a clear error in judgment." State v. …
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… filed a pro se motion seeking resentencing under mitigating factor fourteen, permitting a sentencing court to consider … "defendant was under 26 years of age at the time of the commission of the offense," N.J.S.A. 2C:44-1(b)(14), enacted … intent of the statute demonstrated the mitigating factor applies prospectively. Thereafter, defendant was …
njcourts.gov
… v. WALTER R. EARLE TRANSIT, LLC, EARLE ASPHALT COMPANY, and JEFFREY L. EVANS, Defendants-Appellants. … those arguments because they are inconsistent with the facts in the record and RPC 1.7. When deciding a motion to … or other proceeding before a tribunal. RPC 1.7 embodies "the fundamental understanding that an attorney will …
njcourts.gov
… judgment of conviction for attempted murder, conspiracy to commit murder, weapons offenses, and desecration of human … conviction but remand for resentencing. We incorporate the facts from our opinion in a companion case, State v. … also asked the judge to find the following mitigating factors: mitigating factor three, N.J.S.A. 2C:44-1(b)(3), …
njcourts.gov
… on the property did not occur, plaintiff filed a verified complaint and an order to show cause on June 3 to compel the … property, the court found appellant had other available remedies. The court observed appellant could cross-claim against … negligence claims. The record demonstrates appellant had in fact filed third-party negligence claims against real estate …
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… Market, Inc. (VSM) challenges the June 6, 2016 order of the Commissioner, Department of Environmental Protection (DEP) … Bernardsville Centre, LLC (BC). We affirm. I. The following facts are taken from the record. BC owns real property on … because those applications 15 A-5001-15T3 concern the same factual bases as VSM's 2010 FHAV. We note, as did the …
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… with neighboring districts. We reverse. The material facts are not in dispute. In 2002, the Clinton Township … Petitioner retired in July 2013 after twenty-eight years of combined service as a teacher and superintendent. The Board … legislative enactment nor can they frustrate the policy embodied in [a] statute." N.J. Ass'n of Realtors v. N.J. Dep't …
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… school is at full capacity and consequently unable to accommodate all of the students who fall within this … sovereignty. The Law Division did not find any legal or factual grounds to support North Wildwood's position. We … under the principle of exhaustion of administrative remedies or primary jurisdiction. R. 4:69-5. It would be unfair …
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… 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … rights. B. The [a]rbitration [a]greement does not comply with mandatory provisions of R[ule] 5:1-5. C. There … unpersuaded by these arguments and affirm. I. The pertinent facts and procedural history are largely undisputed. …
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… Plaintiff filed an eleven count, sixty-page personal injury complaint against Pastor R.L.S.; St. Thomas Lutheran Church, … A-3663-17T4 settlement will be enforced notwithstanding the fact the writing does not materialize because a party later … the proper legal standard was applied." Ibid. We find no factual or legal basis for recusal. The denial of …
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… THOMAS CHETNEY, Plaintiff-Respondent, v. NEW JERSEY MANUFACTURERS RE-INSURANCE COMPANY, Defendant-Appellant. ____________________________ … uninsured motorist carrier, defendant New Jersey Manufacturers Re-Insurance Company (NJMRe), appeals, raising …
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… Thapar argued the cause for respondent (Law Offices of Viscomi & Lyons, attorneys; Patricia R. Lyons, on the brief). … 28, 2015. Plaintiff testified he had a total of six MRI studies of his knees and shoulders during the time he was … The judge held that "there was substantial evidence, factual findings by the expert on which a jury could clearly …
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… Holmes to dismiss a Bergen County indictment for failure to comply with the Interstate Agreement on Detainers (IAD). On … with a review of the pertinent authority. "The [IAD] is a compact entered into by [forty-eight] States, the United … v. Adams, 449 U.S. 433, 442 (1981)). We now turn to the facts of this case. In March 2014, a Bergen County grand …
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… A separate escrow agreement was prepared but never completed. It had no signature page and did not list the … II We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench … that plaintiff was suing under the wrong policy. Those facts have nothing to do with the present case; there was no …
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… his neighbors. Plaintiff alleged in his chancery complaint that Alexander Iwaskiw, a teenager, operated a … frequency, duration, time, and locality are relevant factors." Thus, a sound of lesser intensity or volume than … significant enough to render him uncomfortable was for the factfinder to consider. See Benton, 127 N.J. Eq. at 462. A …
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… their understanding that "at such time that mother becomes a bona fide resident of the State of New Jersey, … expenses without a plenary hearing to review the Newburgh factors.2 II "[W]e accord great deference to discretionary … law and the legal consequences that flow from established facts are not entitled to any special deference." Hitesman …
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… of motions" later, defendant maintains that (1) plaintiff committed fraud during the execution of the PSA; (2) … rulings nor substantiate this court finding a question of fact on same, nor that [plaintiff] withheld any information … was merely rearguing the matter. We afford deference to the factual findings of the family court. Thieme v. …