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- njcourts.gov… and resentencing. The judge again cited Watts in his determination that “the evidence at the trial support[ed] a conclusion that [Melvin] was the shooter of … the time of her murder, Baker lived in Jersey City with her children and Natassia Hernandez. According to several …
- njcourts.gov… and resentencing. The judge again cited Watts in his determination that “the evidence at the trial support[ed] a conclusion that [Melvin] was the shooter of … the time of her murder, Baker lived in Jersey City with her children and Natassia Hernandez. According to several …
- njcourts.gov… Finding that “the totality of the circumstances do not support the conclusion that the defendant was unduly … as a victim was, according to the Appellate Division, supported by the fact that the detectives did not ask … conviction must be reversed. 19 The ACLU, ACDL, and NJDC support defendant’s position and argue that the trial court …
- njcourts.gov… such a lesser included jury charge. 1. A trial court’s determination of whether to include a charge to a lesser … to jump off the page, it would require the facts here to support a finding that the victim was not threatened in any … 79 (2016). The plain error standard requires a twofold determination: (1) whether there was error; and (2) whether …
- In the Matter of the Request to Release Certain Pretrial Detainees (085186)(Statewide) - Published Opinionsnjcourts.gov… Movants rely on constitutional and statutory bases in support of their requests for relief. Due process concerns … Movants rely on constitutional and statutory bases in support of their requests for relief. We recognize that due … The hearing may be reopened, before or after a determination by the court, at any time before trial, if the …
- njcourts.gov… of fact, weighing the evidence and making credibility determinations. Rather, under the standards that govern its … material” facts in dispute that bore on any determination of the objective reasonableness of Martinez’s … inferences in favor of the nonmoving party to the extent supportable by the record,” the reasonableness of a police …
- njcourts.gov… caused a flood in the basement. Ultimately a factual determination must be declared as to the extent of damage … outside of the language of the policy to provide further support for the intent of the language when the court is … 211 N.J. Super. 472, 511 A.2d 1278 (Law Div.1986). The determination to extend insurance coverage in Fantis Foods …
- njcourts.gov… In this case, no different from other conflict cases, the determination of whether a Zoning Board member possessed a … members. Dr. Kenneth’s nephew and two nieces (Dr. Daniel’s children) -- Dr. Daniel III, Stacey A. Conte, and Jamie G. … should be approved for their project.” Anthony Barckett: “I support the Contes, yes. I believe what others have said is …
- njcourts.gov… bills in excess of the elected PIP policy coverage in support of fault-based claims for economic damages against … those of the parties. 11 II. Plaintiffs, as well as their supporting amici, focus on certain language in N.J.S.A. … that, even with the related definition of economic loss,3 supports plaintiffs’ preferred interpretation. Section 12 …
- njcourts.gov… others," citing N.J.S.A. 2C:44-1(d). We review sentencing determinations with a deferential standard, see State v. … and mitigating factors found by the trial judge were unsupported by the evidence, or the judge's application of the … State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is justifiable or …
- STATE OF NEW JERSEY VS. ROBERT BELL (13-01-0004, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
- Janell Brugaletta v. Calixto Garcia, D.O. (079056) (Passaic County and Statewide) - Published Opinionsnjcourts.gov… its content. The court found, 2 contrary to CMH’s determination, that the report revealed plaintiff had suffered … occurred, and it determined that the trial court’s SPAE determination was in error because “an expert opinion was … whether the record contained sufficient evidence to support the trial court’s SPAE determination, the panel …
- njcourts.gov… that he agreed with Magistrate Judge Steven Gold’s determination that the “transfer [of the Property by Regina] … (JG)(SMG) at *29 (E.D.N.Y. Aug. 17, 2009). Though this determination was not essential to his decision, and certainly … is nevertheless persuasive and provides further support to this court’s conclusion. In August of 1999, the …
- njcourts.gov… of new law; (3) the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable … or discovery indicates insufficient evidentiary support[.] [R. 1:4-8(a) (emphasis added).] The circumstances …
- STATE OF NEW JERSEY VS. PATRICK F. ALLEN (13-01-0043, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… "was on top of his dying wife when he was scratched" was supported by that doctor's report. Defendant further … response, Mazza explained that he was instructed on those determinations as part of his domestic violence training. … scratches on my client's face that . . . led you to the determination they were defensive wounds?" The State objected …
- STATE OF NEW JERSEY VS. LASHAWN FITCH (09-07-1467, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (App. Div. 1997). The trial court must make a preliminary determination of whether there is independent proof of the … independent of the text messages supporting the judge's determination that a conspiracy existed and defendant …
- njcourts.gov… Medical Center, Simon Wiesenthal Center, Jewish Family and Children's Service of Greater Monmouth County, and B'nai … and accord "no special deference" to the judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union … write the May 2013 Trust. Rather, they argued the facts supported in accordance with the formal requirements of the …
- njcourts.gov… motion, arguing the victim's history of domestic violence supported his claim of defense of others, namely, Tylka. The … head into the concrete. The hostess turned and pushed her children back into the house. She, too, retreated inside the … OF FACTOR 8 (CIRCUMSTANCES UNLIKELY TO RECUR) AND UNSUPPORTED FINDING OF AGGRAVATING FACTOR 6 (EXTENT OF …
- njcourts.gov… of Camden. Each plaintiff operates a day care center for children on its property. For a number of years prior to … follows: The Camden County Tax Administrator has made a determination that your day care facility is not eligible for … additional evidence to be submitted by plaintiffs in support of their previously denied motions for summary …
- STATE OF NEW JERSEY VS. MARK WILLIAMS (14-01-0052, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… on all charges. The court found the hindering charge was supported by defendant's concealment of the cocaine in his … evidence in violation of N.J.S.A. 2C:28-6. The evidence supporting the conviction showed the defendant discarded … facility, N.J.S.A. 2C:35-7.1.7 Defendant contends a determination of guilt under N.J.S.A. 2C:35- 7.1 requires a …