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5.20B
Charges Document PDF
njcourts.gov
… the owner [occupant] or that it resulted from an activity, commercial or 1 See Stewart v. 104 Wallace St., Inc., 87 … 210 (2011) (“Residential homeowners can safely rely on the fact that they will not be liable unless they create or … ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the …
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njcourts.gov
… defendant's alimony and child support obligations and in compelling defendant to disclose information related to a … basis[,]' considered 'irrelevant or inappropriate factors[,]'" ibid. (alterations in original) (quoting Flagg … have resulted in consideration of at least "temporary remedies pursuant to N.J.S.A. 2A:34-23(m)," Michael did not …
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njcourts.gov
… THERE WAS NO EVIDENCE OF [DEFENDANT'S] GUILT UNDER THE ACCOMPLICE-LIABILITY THEORY THE STATE EXPLICITLY TOLD THE … the Applicable Law to the Grand Jury and Its Inclusion of Accomplice Liability in the Indictment, It Could Not Retreat … Id. at 486, 489, 490. In support, we relied on the fact that the jury was correctly instructed on the principle …
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njcourts.gov
… FAILURE OF THE TRIAL COURT TO INSTRUCT THE JURY ON MUTUAL COMBAT AS A LESSER-INCLUDED OFFENSE OF AGGRAVATED ASSAULT … IN ITS FINDING AND WEIGHING OF AGGRAVATING AND MITIGATING FACTORS. U.S. CONST. AMENDS. VI AND XIV; N.J. CONST. ART. I, … before any scuffle began. 12 A-3745-18 Viewing all these facts in a light most favorable to defendant, we are …
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njcourts.gov
… that it was in a "locked gun case." These disputed facts were not considered by the trial court in rendering … "statement did not provide the requisite extraordinary and compelling circumstances, justifying consideration of the … PTI application. He argued the State failed to consider the factors under N.J.S.A. 2C:43-12(e). Defendant emphasized the …
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njcourts.gov
… the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … a number of years, the County has considered the idea of combining or reorganizing the Bergen County Police … presented to the trial court was a question of law or fact. Here, that is not the controlling issue. Parties can …
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njcourts.gov
… with Helmer's law firm several years later. In his comprehensive written decision on defendant's PCR … more than make bald assertions[,] . . . [and] must allege facts sufficient to demonstrate counsel's alleged … "bald assertion . . . flies in the face of logic and common sense." We further agree with the PCR judge that …
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njcourts.gov
… Judges Suter and Geiger. On appeal from the New Jersey Commissioner of Education, Docket No. 279-11/13. Colin M. … Gurbir S. Grewal, Attorney General, attorney for respondent Commissioner of Education (Caroline Jones, Deputy Attorney … words, conduct and all the surrounding circumstances and facts." Id. at 193. Appellants did not show that the layoff …
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njcourts.gov
… was suspected of involvement in a shooting in the apartment complex in which he lived; and from the denial of its … POINT II THE TRIAL COURT ERRONEOUSLY APPLIED THE FIVE-FACTOR TEST SET FORTH IN STATE V. O'NEILL WHEN THE FACTS DICTATE THE USE OF THE TRADITIONAL TOTALITY OF THE …
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njcourts.gov
… 2016, through prior counsel, plaintiff filed an eight-count complaint against defendants, followed by a first- 4 … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … to determine whether it is "sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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njcourts.gov
… Law Division order denying his post-conviction motion to compel the submission of DNA evidence to the Combined DNA … 2A:84A-32a(d). In many instances, as here, the pivotal factor lies under subsection (d)(5), i.e., whether a new … given the other evidence implicating defendant and the fact that defendant's accomplices were never identified. 16 …
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njcourts.gov
… 5:70-3, 901.6.3; lack of a windowless basement-code complaint fire system, N.J.A.C. 5:70- 4.7(h); the exit … of justice so requires." That assessment is commonly fact-dependent on the particular circumstances involved, and … of the fines under the Penalty Enforcement Law and any factual issues concerning non- compliance with the Board's …
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njcourts.gov
… in need of redevelopment. Plaintiffs claim the trial court committed legal and factual errors. We are unpersuaded and affirm. In March … standards. We affirm. I. "[P]lanning boards and governing bodies . . . have an obligation to rigorously comply with the …
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njcourts.gov
… PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … by pleading guilty because he would have to admit to a factual basis for the crimes. Another issue was that … about taint in cross- examination and in summation. The fact that the jury was not persuaded does not mean there was …
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njcourts.gov
… 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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njcourts.gov
… defendant with second-degree sexual assault upon K.K., by committing an act of sexual contact, specifically touching … set forth the essential elements of both offenses and the factual basis for the charges. Thus, defendant was fully … You are not partisans. You are judges; judges of the facts. The jury is directed to resume deliberations. …
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njcourts.gov
… Borough) appeals from a final agency decision issued by the Commissioner of the New Jersey Department of Transportation … not have been reasonably made on a showing of the relevant factors when applying the legislative policies to the facts. … highways. Indeed, we have long recognized that governing bodies "must act when assembled at stated or special meetings, …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …