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… defendant failed to appear for trial on plaintiffs' fraud complaint, the judge converted the trial to a proof … had proven fraud "by clear and convincing evidence." Crediting Klega-Fischer's and Bilotta's testimony, which was … issue demand on defendant, which would almost certainly be futile. Further frustrating the procedural purpose of a …
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… from an order denying their motion to amend their complaint to add an individual defendant, E. Stephen Kirby, … reasoned that the malicious prosecution claim would be futile because Kirby had probable cause to make the … action ended in plaintiff's favor. Brunson v. Affinity Fed. Credit Union, 199 N.J. 381, 393-94 (2009). The cause of …
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… I. The motion judge summarized his factual findings in a comprehensive written opinion following the evidentiary … from the direction of Cherry Hill, but instead from the opposite direction. The officer asked defendant for the location … denying defendant's motion to suppress, the motion judge credited the officer's testimony that defendant was driving …
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… a memorializing order a few days later without noting the complaint against the unserved defendants was dismissed with … you're a 'pro' at this." According to Karen, defendant visited David for the first time around 8:00 a.m. on March 23, … not at all overnight. The jury could also have reasonably credited Dr. Lorenz's testimony that defendant's discharge …
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… attorney for respondent State of New Jersey (K. Charles Deutsch, Assistant Prosecutor, of counsel and on the … reflected "an inadvertent mistake" in connection with the completion of a permit application by a layperson. P.F.C. … a licensed firearms dealer.7 In her oral opinion, the judge credited Crapara's testimony and recounted the facts, which …
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… is insufficient evidence supporting the judge's finding he committed the predicate acts of harassment and contempt of a … in concluding an FRO is necessary to protect plaintiff from future acts of domestic violence. We affirm. I. The facts … in plaintiff's face after being asked not to. The judge credited plaintiff's testimony that defendant was "yelling …
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… notified T.G. he was substantiated for sexual abuse and molestation of Olive. He appealed the determination and the … the results of a child behavioral checklist that Alice completed, the Youth Self Report, Trauma Symptom Checklist … denying the allegations to be not credible. The ALJ credited Olive's consistent repetition of the essential …
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… get involved in the matter and used the alias to apply for credit cards. The police took L.P. to the police station to … with five years parole ineligibility. A $500 Violent Crimes Compensation Board (V.C.C.B.) fine was also levied as … WERE THE PRODUCT OF IMPERMISSIBLY SUGGESTIVE SYSTEM VARIABLES THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY ADMITTING …
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… strictly liable under section 3-420 of New Jersey's Uniform Commercial Code (UCC) for depositing checks bearing forged … Ibraimi, endorsements on checks that PNC received and deposited as a depositary bank. After the Fund paid Vazquez, the … properly at its inception." In so concluding, the court credited Scerbo's sworn statement and failed to address that …
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… a two-by-four with exposed nails until she became motionless. Defendant then picked her up and called the boys to accompany him to the hospital. [Id. at 480.] At the hospital, … 27, 2008, but remanded for recalculation of gap-time credits and for modification of defendant's fines. On …
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… 2 The theme park is located in Sussex County. 3 These companies all traded as Wild West City. 3 A-4042-17T3 … was unable to account for three firearms out of the 4300 sales it completed during that lengthy period. Id. at 574. The … N.J. 394, 411-12 (1998); see also Brunson v. Affinity Fed. Credit Union, 199 N.J. 381, 397 (2009). That said, we review …
njcourts.gov
… 2C:39-5(b) (Count One); second- degree possession of a community gun, N.J.S.A. 2C:39-4(a)(2) (Count Two); and … TO THE CRIME SCENE, THE STATE VIOLATED THE PRINCIPLES OF BANKSTON WHEN IT INTRODUCED A 911 CALL AND … THE COURT IMPOSED AN ILLEGAL EXTENDED TERM, FAILED TO CREDIT AND WEIGH AGGRAVATING AND MITIGATING FACTORS, AND …
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… (Count Eight); conversion (Count Nine); conspiracy to commit conversion (Count Ten); fraudulent and negligent … of review requires deference to a judge's findings "unless they are so wholly unsupportable as to result in a … that the Berlants took the position that he was merely a creditor. Even at trial Mitchell was equivocal stating that …
njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-1923. Joseph V. … Super. 542, 555 (App. Div. 2009) ("allow[ing] employers a credit if a work accident accelerates or aggravates a … opinion concerning the probabilities of conditions in the future based on present conditions." Schrantz 16 A-1690-15T3 …
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… by a jury, defendant Richard Whatley was convicted of the lesser-included offense of second-degree passion-provocation … TO A FAIR TRIAL. (Not Raised Below) POINT II THE PROSECUTOR COMMITTED MISCONDUCT IN A NUMBER OF INSTANCES THROUGHOUT THE … an self- acknowledged member of the Bloods street gang. He credited defendant with certain mitigating factors, but …
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… investigation, failed to argue a key witness for the State committed perjury, and failed to contact witnesses from a … Div. 2009); see also Rule 3:22-11. "Anything less is a 'disservice to the litigants, the attorneys, and the appellate … them. The verdict in the case indicates the jury chose to credit Det. Crawley's testimony and reject 19 A-3259-17T4 …
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… reviewing the record, briefs, and applicable legal principles, we affirm. I The key evidence adduced at trial relevant … B. THE DEFENDANT'S ACCOUNT OF THE QUESTIONING SHOULD BE CREDITED. C. ADMISSION OF THE STATEMENT WAS PREJUDICIAL … – you know, I need you to talk to me. None of Gosweiler's comments induced defendant to answer any questions. After …
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… did not know where in Paterson the house that he visited was located. In addition, defendant first said the car … know if it's really Paterson for just a little bit and then comes back, cross over the median over here but I'm gonna … to Search Any Part of the Vehicle. 3. Even if this Court Credits the Arresting Officer's Testimony, the Trial Court …
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… liability charge in exchange for the State's promise to recommend a five-year term of imprisonment and dismissal of … she was unlikely to make such a tragic error in the future. The court nevertheless concluded that although the … is bolstered further by the court's apparent refusal to credit defendant's rehabilitative progress during the two …
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… of first-degree aggravated manslaughter, in return for a recommended twelve-year A-0971-16T1 3 prison term subject to … documents, that there was evidence that the victim had visited a casino hotel with his wife; he had consumed cocaine … Argument calendar, but remanded for a correction of jail credits. State v. Belton, No. A-0389-14 (App. Div. May 6, …