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… INEFFECTIVE FOR FAILING TO ARGUE REMORSE AS A MITIGATING FACTOR. 1 We affirmed defendant's sentence on our excessive … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 4 A-5662-18T2 ineffective for … A-5662-18T2 defendant's "real problem is his emotions. He gets so emotional that if you couple that with substance …
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… the altercation, Roberto punched her cellphone, making it "completely unusable." She also testified that he broke the … to leave her alone and let her go. She had to come back to get her keys; Roberto followed her, then tried to calm her … Ibid. Roberto limits his argument to the trial court's fact-findings, under the first Silver prong, that he …
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… THE STATE OF NEW JERSEY, ROBERT WOOD JOHNSON HOSPITAL, COMMUNITY MEDICAL CENTER, RUTGERS BIOMEDICAL AND HEALTH … the trial court proceedings. 3 A-5665-18 I. The following facts are derived from the motion record. On December 8, … "unexpected." Plaintiff certified decedent "asked [her] to get help as he turned red," and she witnessed the "[c]ode …
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… Denis, appeals from the May 8, 2020, order dismissing her complaint against defendant, Morris View Healthcare Center … as well, as plaintiff's contract did not mention seniority factoring into who was the charge nurse; the loss of pay is … functions of the job. The material facts in dispute, that I get. Plaintiff was terminated. There's no evidence that the …
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… After these incidents, Lettis-Yilmaz's employer accommodated her reported pain and inability to sit or stand … for any specified periods of time. There are no stairs to get into the school and Lettis-Yilmaz's classroom and the … opinion of the Board's expert was credible. The trier of fact determines an expert's credibility and the weight to be …
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… THE STATE'S UNFAIR RELIANCE ON IRRELEVANT AND INAPPROPRIATE FACTORS; SUCH AS MR. DENMAN'S OCCUPATION AS A POLICE OFFICER … allowed defendant to appeal the order denying his motion to compel his admission into the pre- trial intervention (PTI) … The accountant further advised defendant he needed to get the approval from the other PAL board members and sign a …
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… State argued that on December 12, 2016, the time defendant committed this infraction, the mandatory sentencing … of credibility in his trial testimony as an aggravating factor for sentencing purposes. In this light, the judge … that are in a DWI case. And based on that, and then we get to the tests, the one leg stand test, which I believe he …
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… was arbitrary, capricious, and unreasonable under the facts of record in this matter. Thus, we remand to the … a conference call was inefficient, and I was unable to get on the call for reasons beyond my control. In the same … the matter. Without any additional information and absent a complete and accurate copy of this document, we are unable …
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… She contends the court failed to make adequate findings of fact or appropriate credibility determinations. We disagree … At the time of the events at issue, they were living together in defendant's house. Plaintiff filed a domestic-violence complaint against defendant on October 21, 2021, alleging …
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… A Family Part judge entered the FRO after finding defendant committed the predicate act of simple assault, N.J.S.A. … and the governing law, we disagree and affirm. I. The facts were established at the one-day bench trial, during … sought an FRO against plaintiff because he wanted her "to get help" so she did not "wind up like her mother." …
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… to a two-week cycle as their parenting time plan, which accommodated plaintiff's work schedule and afforded each party … mental health issues, but due to her illness and the fact she appears to have been unable to bond with [the … to the child, having the child do her homework, and getting the child to bed at a time that she would not be …
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… of plaintiff eMazzanti Technologies, Inc. (eMazzanti or company) against defendant Douglas Singer, its former … to provide the same services as offered by eMazzanti. In fact, one of eMazzanti's former clients became Niche's … testimony regarding the screenshots, and the alerts he was getting for access privileges from Singer's account. We see …
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… in retaliation for defendant's filing of a harassment complaint against an officer. According to defendant, while … to the shower area asked defendant to exit the shower and get dressed. The prosecution maintained that defendant … evidence during the hearings. In his written findings of fact and conclusions of law, the PCR judge rejected …
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… the welfare of a child. We affirm. We discern the following facts from the trial record. In mid-March 2011, defendant … "she kept on pushing things to me, trying to make, I guess get the money" and "like I told you, she said she'll do … The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything …
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… delivered to the LBOE on or before September 15, 2011; (c) Commencing on October 1, 2011[,] and continuing for … THE TRIAL COURT ERRED BY FAILING TO CONDUCT A PLENARY FACT[-]FINDING HEARING. We are not persuaded by these … years ago, almost nine years ago, with signing for seven, getting only two, maybe losing five, the middle of the night …
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… hearing, Judge Charles Middlesworth, Jr. issued a comprehensive Memorandum of Decision on September 11, 2009, … Typically, reservation of such a right would be a major factor in the negotiations and would have to be expressly … -- if I may, I'm saying, you know, all I'm trying to do is get a renegotiated plea of a five with a three, you know, …
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… Simonelli and Carroll. On appeal from the Civil Service Commission, Docket Nos. 2012-2183 and 2012-1462. Katz & … testimony in detail, made credibility determinations and factual findings, and analyzed the relevant law. We need not … Johnson's refusal to watch the parking lot and leaving to get a doctor's note constituted conduct unbecoming and …
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njcourts.gov
… THE STATE'S UNFAIR RELIANCE ON IRRELEVANT AND INAPPROPRIATE FACTORS; SUCH AS MR. DENMAN'S OCCUPATION AS A POLICE OFFICER … allowed defendant to appeal the order denying his motion to compel his admission into the pre- trial intervention (PTI) … The accountant further advised defendant he needed to get the approval from the other PAL board members and sign a …
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njcourts.gov
… After these incidents, Lettis-Yilmaz's employer accommodated her reported pain and inability to sit or stand … for any specified periods of time. There are no stairs to get into the school and Lettis-Yilmaz's classroom and the … opinion of the Board's expert was credible. The trier of fact determines an expert's credibility and the weight to be …
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njcourts.gov
… State argued that on December 12, 2016, the time defendant committed this infraction, the mandatory sentencing … of credibility in his trial testimony as an aggravating factor for sentencing purposes. In this light, the judge … that are in a DWI case. And based on that, and then we get to the tests, the one leg stand test, which I believe he …