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… (PCR) without an evidentiary hearing. Having reviewed the facts in light of the applicable law, we affirm the denial … of PCR but remand for the court to resentence defendant to comply with State v. Torres, 246 N.J. 268 (2021). I. On … defendant, if he had ever hit her, how long they had been together and why they broke up. A.G. then asked Logrono to …
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… discussion of prong two and make additional findings of fact that support a determination either that the prong has … the encounter were documented, and a sexual assault kit was completed. Martin testified at the first hearing to a vastly … encounter as follows: Martin explained, "things started getting like a little hot and heavy," with them "mutually …
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… exculpatory material information. I. The pertinent facts and procedural history are derived from the State's … D.A.B., had strangled her the previous night. She wanted to get more information about filing an incident report. … to proceed in the future." She expressed concern that a complaint would be sent to defendant through the mail …
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… decisions. In 2011, defendant moved for custody, to become the parent of primary residence, and to remove C.K. … in seventy- five days to provide time for: the GAL to get involved, defendant "to do what he need[ed] to do" and … any of the recommendations," there "were [no] material facts in dispute . . . justifying a plenary hearing," and a …
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… credible evidence in the record, we affirm. The salient facts were previously recounted in our decisions on … him guilty of the lesser included offense of manslaughter "committed in the heat of passion resulting from a reasonable … at trial on his assertion of self-defense would be "hard to get." On cross-examination, defendant asserted he testified …
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… C.P. petitioned the trial court for release pursuant to the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e. C.P. … finding the presence of certain extraordinary aggravating factors warranted denial. C.P. appealed, arguing the trial … locomotion, bathing, dressing, and needs assistance to get to the bathroom. With respect to whether she is a danger …
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… extensive record in this case, we summarize the underlying facts, procedural history, and trial court decisions. We … [L]ast time I said I think it would be very important to get a transcript of the voir dire for this particular juror. … to be a substantial reason beyond a hearsay statement to compel that kind of an inquiry. The court also reiterated …
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… Division, Sussex County, Docket No. L-0491-19. George T. Daggett argued the cause for appellant. Thomas N. Gamarello … of the April 26 order. We affirm. We summarized the facts relevant to defendant's counterclaim when we reversed … counsel on eCourts. It "confirmed the trial [would] commence on Monday, March 11, 2024," and provided: In the …
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… a plenary hearing regarding a modification of her imputed income established in the parties' marital settlement … better job" and that "there [wa]s no way . . . she c[ould] get a job earning $40,000 per year because of her time … 475, 485 (App. Div. 2012). However, while "a family court's factual findings are entitled to considerable deference, we …
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… Defendant argues the Family Part judge erred in finding he committed the predicate act of harassment based on an … Plaintiff "scream[ed] and kick[ed] and ask[ed] him to get off" her. P.T. began "hitting" defendant to stop. … recording into evidence; failed to analyze the relevant factors under prong two of Silver v. Silver, 387 N.J. Super. …
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… and Rose. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1193. Michael S. Simitz argued … Ali started her duties at 11:15 p.m. and was scheduled to get off on April 14 at 12:15 p.m. She was the only police … The Commission "accepted and adopted the Findings of Fact and Conclusion as contained in the ALJ's initial …
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… courts "consider but not be limited to the following factors: (1) the occurrence of one or more acts of … trial testimony. The parties attended high school together and lost contact after plaintiff graduated in 2011. … Plaintiff was driven home by defendant. She said she "was uncomfortable" but had no other way to return to her …
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… the record and applicable legal principles, we affirm. The facts as found by the trial judge can be summarized as … professionals determined the requisite level of care to combat her addictions. Although Faith was enrolled in … and . . . have a matching process take place so that he can get permanency sooner than later." As noted, Ava will be …
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… N.J.A.C. 10A:4-4.1(a)(2)(ii). We affirm. I. The following facts are derived from the record. On August 11, 2016, … issued a written disciplinary report charging McKinney with committing prohibited act *.005. The report stated that at … take matters into his own hands, stating S.C.O. Early will get what is coming to him. The disciplinary report was …
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… DIVISION DOCKET NO. A-2075-16T5 IN THE MATTER OF CIVIL COMMITMENT OF J.F., SVP 214-01. ____________________________ … the witnesses to stay, but they refused, not wanting to get involved. The police arrested J.F., issued a summons for … permitted the testimony for that "limited purpose."2 The facts or data upon which an expert bases an opinion need not …
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… did not hold an evidentiary hearing, we review both the factual inferences drawn by the PCR court from the record … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. We find no merit to defendant's … [the shooting] there was a descent and that [defendant] is getting deeper into drugs and alcohol. Now, that doesn't …
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… rights. We affirm. The parties are familiar with the facts as set forth in our decision in Felton v. Felton, No. … of his pension from the date of the PSA to the present; compelling defendant to pay $156 per month, representing the … I'm not sure that [c]ounsel or the [c]ourt is going to get the math right. I think the more prudent course is …
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… reasons expressed by Judge Christopher J. Garrenger in his comprehensive written decision that accompanied the order under review. I. The underlying facts supporting defendant's convictions are outlined in our … who were wheeling the war wagon fled; one was ordered to get down by an armed co-defendant, and the other fled into …
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… its use in other cases is limited. R. 1:36-3. 2 A-5532-18 community supervision for life (CSL), N.J.S.A. 2C:43-6.4.1 … stated he learned through his son's friend that he saw boys getting into E.V.'s vehicle after school. Following a … subject to Megan's Law registration and [CSL . . . and t]he fact that neither New York nor New Jersey authorities took …
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… resolve the fee dispute before the District Fee Arbitration Committee pursuant to Rule 1:20A-1 to -6, and the attorneys … commonly known as the Attorney's Lien Act. Under these facts, the trial judge did not have subject matter … Fee Arbitration committee has the right to say, 'We are not getting involved.'"2 Thus, as framed by the trial court, …