-
njcourts.gov
… can be made. Thompson at 9-10, 26. "[T]he final determination of a match is always done through direct … to come to a conclusive result" and therefore "couldn't support [Mayer's] opinion." He decided that he needed to … We reject these contentions because the court's contrary determinations were squarely based upon its judgment that …
-
njcourts.gov
… failure to produce any testimony before the grand jury to support the dates set forth in the indictment."1 The State … The prosecutor argued that the evidence was sufficient to support the counts; and the State was not obliged to provide … relies on a purely legal question . . . we review that determination de novo." Twiggs, 233 N.J. at 532. B. Applying …
-
njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 214 N.J. 303, 322 (2013). We review a trial court's determination of that question de novo. Broach-Butts v. … a duty of care did not arise because nothing in the record supported the conclusion that the apartment complex owner …
-
njcourts.gov
… [was] not convinced that there [was] enough evidence to support that assertion. The State asserts, "there is a … limited issues presented in this appeal and we make no determination as to whether any of those claims have merit. We … due deference to the municipal court judge's credibility determinations but conducted a de novo trial on the record, …
-
njcourts.gov
… be delivered to the jury only when there is 'obvious record support for such [a] charge. . . .'" Ibid. (second … 119, 137 (App. Div. 2000). Our review "is limited to a determination of 'whether the findings made by the trial court … may review and modify a sentence "only when the court's determination was 'clearly mistaken.'" State v. Jabbour, 118 …
-
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 …
-
njcourts.gov
… be present or be represented, and defendant has failed to support his representative-cross-section claim. *In … of Criminal Defense Lawyers of New Jersey (Fox Rothschild, attorneys; Matthew S. Adams, of counsel and on the … and access as necessary, that jury managers had not made determinations previously addressed by judges on the record, …
-
njcourts.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
… it is closer to Laurick’s core holding. 12 The ACDL supports defendant’s position and argues that Section 26 … consequences of their DWI convictions. The Attorney General supports the State’s position. He argues that granting PCR … General contends that Section 26(b)’s plain language supports subjecting a defendant to the mandatory 180-day …
-
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
… 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
… 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 …
-
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
… 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
… 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
… and sought reimbursement for from private parties. Far from supporting the position taken in this action, Ventron … 1991 to allow for contribution actions. Ibid. For further support, the trial court relied on Department of … claims against the State, subject to the Legislature’s determination to satisfy the adjudicated claims. Id. at …
-
njcourts.gov
… them into public servants. Judge Palmer found additional support from federal case law in which private rescue squads … a divided three-member panel affirmed the trial court’s determination that defendant “was not a ‘public servant’ as … fundamental nature of the undertaking” -- the education of children -- is not changed when a private institution …
-
njcourts.gov
… therefore had a constitutional basis to make the stop. To support this premise, the Attorney General refers to Officer … Accordingly, we must respect factual findings that are “supported by sufficient 12 credible evidence” at the … high-beam statute, N.J.S.A. 39:3-60, upon probable cause, supported by oath or affirmation, and particularly …
-
njcourts.gov
… of the Appellate Division affirmed the trial court’s determination. A majority of the panel agreed with the trial … court pending resolution of GEICO’s reimbursement claim. In support of its motion, GEICO argued, pursuant to N.J.S.A. … in this State involving an insured tortfeasor, the determination as to whether an insurer is legally entitled to …