njcourts.gov
… use defendant's prior dismissed charges alone as evidence supporting N.J.S.A. 2C:43-12(e)(8). Id. at 4. On remand, the … a life of crime such as burglaries, robberies, and theft to support their habit. The fact that this defendant cared more … information, including that he financially contributed to support his family; lived with his family; graduated from …
default
… sustain' a lesser charge,". . . . Instead, the evidence supporting a lesser- included charge must "jump[ ] off the … jury charge, the evidence must rationally support only the first two elements; the subjective elements … as disclosed by the facts." Mauricio, 117 N.J. at 413. In support of his argument, defendant cites to State v. Coyle, …
njcourts.gov
… most favorable to plaintiff from the record submitted in support of and in opposition to defendants' motion for … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, … § 3.401 (2017). Five factors are relevant in making this determination: (1) whether the fees are commensurate with the …
njcourts.gov
… Defense counsel also filed a supplemental brief in support of defendant's petition. On March 8, 2011, without … unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 …
njcourts.gov
… I. The parties were married on October 6, 1996, and no children were born of the marriage or legally adopted. On … in the trial court which sought, among other relief, a determination that defendant's share of plaintiff's TIAA/CREF … had discarded; and the award of attorney's fees. In support of her motion, plaintiff submitted a certification …
default
… CONSIDERATION OF CONVICTIONS THAT ARE ESSENTIAL TO SUPPORT A VIOLATION OF N.J.S.[A.] 2C:40- 26[(B).] We have … observed a car pull up to Nicole Roberts' house to drop off children. Thereafter, Nicole Roberts called 911 to report … he should be admitted into the program. To support his determination, the judge pointed out that the PTI Director's …
default
… ACT WAS FLAWED. II. Our role in reviewing final agency determinations is "limited." Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … N.J. 19, 27-28 (2007)). When reviewing an agency's final determination, the appellate court is limited to considering …
default
… [N.J.S.A. 39:3-4] or [N.J.S.A. 39:3-8.1]. Our jurisdiction supports an interpretation of N.J.S.A. 39:6A-4.5 whereby strict, title ownership is not necessary to support a finding of ownership under the statute. See … the negligent driver who caused him significant losses." In support of his argument, plaintiff contends Caviglia, a case …
njcourts.gov
… defendant moved to withdraw his guilty plea. In a supporting certification, defendant asserted that despite … claim of innocence, did not provide any evidence to support his claim that he did not possess a weapon during … was excessive. We review a trial court's sentencing determination deferentially, State v. Lawless, 214 N.J. 594, …
njcourts.gov
… A-0331-17T2 AND ALSO CONSIDERING THOSE SAME CONVICTIONS IN SUPPORT OF AGGRAVATING FACTOR NUMBER THREE – THE EXTENT OF … 2C:4-4(b); Purnell, 394 N.J. Super. at 47-48.] The determination of whether a defendant is competent to stand trial is a determination of whether he understands his position and can …
njcourts.gov
… there was not substantial evidence that would have supported the variances." We accord substantial deference to … declared: A court should sustain a local zoning board's determination to grant a zoning variance if that board's … focused on the surrounding properties in making that determination and found the development with the granted …
njcourts.gov
… ESTABLISH THAT THERE WERE EXIGENT CIRCUMSTANCES THAT WOULD SUPPORT THE WARR[A]NTLESS SEARCH OF DEFENDANT'S AUTOMOBILE. … the corroboration of the unidentified detective enough to support probable cause of the search by a preponderance of … evidence to suggest the two preplanned the conversation to support the search as a result of the notice. 10 A-2354-18T2 …
njcourts.gov
… foreclosure action, and redeem the tax sale certificate. In support, Huntington's attorney and member certified that 5 … consideration." According to the judge, to make that determination, he needed to evaluate "the amount received, … address the varying circumstances that may bear on a fair determination of the issue. The court may consider a number of …
njcourts.gov
… deadline. On June 15, 2018, PCR counsel filed a brief in support of defendant 's petition, arguing that defendant's … to the trial court. Defendant advanced three arguments to support his PCR claim that trial counsel afforded … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
njcourts.gov
… A-0400-17T4 THE VERDICT OF AGGRAVATED MANSLAUGHTER WAS NOT SUPPORTED BY THE EVIDENCE AND SHOULD IN THE INTEREST OF … that lens, the record also reveals sufficient evidence to support a jury's finding that the State proved beyond a … deferential standard of review to the judge's sentencing determination, we find no error in the judge's identification …
njcourts.gov
… HER SON HAD RECEIVED COMPROMISED DEFENDANT'S RIGHT TO OFFER SUPPORT FOR HIS CLAIM OF THIRD-PARTY GUILT, VIOLATING HIS … [innuendoes], and factual assertions she knew were not supported by the established facts of the DNA or scientific, … Therefore, the record supports the PCR court's determination that defendant failed to present a prima facie …
njcourts.gov
… be at the 4 A-5490-17T1 Appellant challenged the NJDOC's determination that his escape history disqualified him from … 10A:9- 2.14(a)(12)(vii). In making a K-7 override determination, the ICC may consider an inmate's "[h]istory of … and the record fails to contain substantial evidence to support the NJDOC's finding. We reject all of these …
njcourts.gov
… "for filing and continuing frivolous litigation." In his supporting certification, 11 A-2531-17T1 Alliance's counsel … Alliance, it had no basis in law or equity and could not be supported by any good faith extension, modification or … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, …
njcourts.gov
… or did not address, so long as those arguments are in support of the trial court's order." State v. Eldakroury, … cross-appeal because we do not deem the argument to be "in support of the trial court's order." Ibid. 8 A-3954-18T3 … could have used the vape-pen to instead ingest nicotine. To support his point that [defendant] allegedly used the …
njcourts.gov
… OR EMBARRASSMENT VIS-À-VIS IT AND THE BANKRUPTCY COURT SUPPORTED A FINDING THAT THE PROCEEDS WERE IN CUSTODIA 4 … or any other court of competent jurisdiction has made a determination with respect to the priority between the … of the Bankruptcy . . . [o]rder indicates that it made no determination as to the order of priorities between [the] DBR …