
Filters
- njcourts.gov… motion for leave to appeal.4 4 The judge noted that despite supporting the State's motions for leave to appeal in N.P. … would presumably be apparent from the statement of reasons supporting the order. A-0135-17T1 12 essential purpose of … 'procedural rule' [i]s 'one step in the ladder to final determination and [which] can effectively aid a court …
- A-4431-14T4 Opinionnjcourts.gov… Point II – in which he argues the evidence could not support a conviction of first-degree aggravated manslaughter … terms imposed were the product of the trial judge's determination that State v. Carey, 168 N.J. 413 (2001) … by the defendant left one man dead, and his wife and two children seriously injured; a seven-year term was imposed on …
- A-1030-19 Opinionnjcourts.gov… REQUIRE THE INTENT TO EVADE PAYMENT AND THAT WAS CLEARLY SUPPORTED BY THE EVIDENCE THAT DEFENDANT'S TAX OBLIGATION … tax court reasoned that there was sufficient evidence to support the jury's verdict and defendant was not entitled to …
- A-1965-18 Opinionnjcourts.gov… the "principles of the code [of criminal justice] support" the application of self-defense to the charge. … allows self- protection as a defense to liability is not supported by the legislative history. Instead, liability … a threat to defendant or anyone else. Indeed, the jury's determination that Anthony was "physically helpless" as …
- njcourts.gov… generally argue that the judge's findings are not supported by the record. The judge granted defendants a … that it was more likely a 100-year storm. In making this determination, Herrington used modeling, which accounts for … to existing structures. Selsor disagreed with Raichle's determination that the benefits-to-costs ratio of 1.2 was …
- A-1759-19 Opinionnjcourts.gov… 1980). There, construing Section 5(b), we said, "[T]he determination to fill or not to fill the vacancy for the … to appoint an interim successor. Accordingly, since the determination to fill or not to fill the vacancy for the … discretion in filling any interim vacancy, therefore, "is supported by a long period of legislative acquiescence or …
- A-2623-17T2 Opinionnjcourts.gov… such statements, a "trial court must make a preliminary determination of whether there is independent proof of the … of evidence' independent of the hearsay statements supports the existence of the conspiracy and of defendant's … 404 (b) concerns about other crime evidence. It made no determination as to whether there existed substantial …
- A-3590-17T2 Opinionnjcourts.gov… the specter of potential inconsistent factual and legal determinations, not to mention the arguably wasteful … Supreme Court has expressed three "significant concerns" supporting preclusion under the entire controversy doctrine: … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy and …
- A-0899-17T1 Opinionnjcourts.gov… 1991)). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and … conviction. The judge provided a statement of reasons supporting his sentencing decision, the sentence is based on … Defendant's criminal record and the facts of this case support a life sentence. 29 A-0899-17T1 We have considered …
- A-1402-18T2 Opinionnjcourts.gov… reliability, irrespective of the court's legal determination that the statement was admissible. Crane, 476 … requirement that the court make a pretrial voluntariness determination does not undercut the defendant's traditional … waiver of rights, regardless of other factors that might support his confession's admission." A.G.D., 178 N.J. at 68. …
- A-2356-18 Opinionnjcourts.gov… 11 A-2356-18 court should give "equal deference to the determination of the trial court" when weighing the … statements of opinion by the prosecutor were substantially supported by the video recorded evidence that was played for … factors, including the fact that defendant has two children, for whom he is not the primary caregiver. …
- A-5128-18 Opinionnjcourts.gov… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 15 (quoting … The State in Baldwin presented evidence in a murder trial supporting the identification of the defendant as the … record may be relevant in both stages of the sentencing determination. We held that "[a] sentencing court must first, …
- A-1967-15T2 Opinionnjcourts.gov… compelling precedent either from New Jersey or elsewhere to support this claim. Case law from other jurisdictions has … at 225. The party must also "provide evidence sufficient to support a conclusion that the party alleged to have acted in … was in fact misled or 26 A-1967-15T2 deceived," the determination will turn on whether there was "[t]he capacity …
- A-2573-15T2 Opinionnjcourts.gov… audit. Undertaking this summary provides further support for our conclusion that imposing such a condition … appeal to the State Comptroller from the informal determination contained in the June 11 letter of the Deputy … Thus, the State Comptroller never rendered a final agency determination from which the NBBOE could appeal to us. …
- njcourts.gov… extent of the rights conveyed by an easement require a determination of the intent of the parties as expressed … "assures the public is excluded." We disagree the language supports plaintiffs' position that their recreation … nor the settlement agreement in the public trust litigation supports that claim. Accordingly, the jury in this case …
- A-1666-19 – STATE OF NEW JERSEY VS. ELIJARH HOGGES (17-12-1231, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… sentencing." "[T]he absence of such a motion may normally support the finding of waiver under R[ule] 3:16(b)." State … and procedural grounds where trial court made credibility determinations following in camera evidentiary hearing with … the witness's testimony or by shedding light on the determination of a disputed factual issue." Singh, 245 N.J. at …
- A-4567-14T4 Opinionnjcourts.gov… procedural frustrations in favor of "just and expeditious determinations on the ultimate merits." [Crescent Park Tenants … 21 A-4567-14T4 not engage in a strained construction to support the imposition of liability.'" Flomerfelt v. … contract without the necessity of obtaining a judicial determination that the insured, in fact, is entitled to such …
- DRB Annual Report 2020 Documentnjcourts.gov… recommending disbarment. In contrast, the Board’s determinations of appeals from dismissals of ethics grievances and of appeals from Fee Arbitration Committee determinations are final, with no judicial recourse. 2 The … adult day programs, and agency providing job placement, supported employment, and support coordination services. …
- A-1648-23 – STATE OF NEW JERSEY VS. AHJHIR K. JONES (22-06-0343, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… ELIGIBILITY FACTOR. c. THE [TRIAL] COURT'S DETERMINATION THAT THE DEFENDANT IS ELIGIBLE, DUE TO HIS … (2019), it asserts subsection (a)(5) requires objective determinations and does not require fact-finding or any … specific provisions of N.J.S.A. 2C:35-14, which in our view support the judge's conclusion that subsection (a)(5) refers …
- njcourts.gov… Practice of Medicine Doctrine, N.J.A.C. 13:35-6.16. In support of its claims, Allstate alleges that numerous … but not all, jointly represented defendants. III. "[A] determination of whether counsel should be disqualified is, as … of the complaint." Op. 552, 102 N.J. at 205. The critical determination is whether the jointly represented defendants …