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, …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… "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 …
njcourts.gov
… portion of the trial court's instruction to the jury in support of his contention: You heard testimony that [the … instructed the jury sua sponte on show-ups. There is no support in the record for defendant's argument. The police … to life imprisonment. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
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… sentencing court failed to place on the record its factual support for the aggravating factors. We affirm in part and … to prove or disprove any fact of consequence to the determination of the action." Rose, 206 N.J. at 160. The … consider the surrounding circumstances to find adequate "support that the third prong of Cofield was satisfied." …
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… 2. The Legome Defendants conceded in their briefs in support of summary judgment that 8 A-1886-20 Legome's … or made and intended to be presented to Plaintiffs in support of a claim for payment or other benefit under an … Court Relied Upon Factual Information Not in the Record to Support its Flawed Conclusion. 9 A-1886-20 POINT II The …
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… screen. Licensed marine engineers compiled the accompanying supporting documentation, which included a project 1 A wave … arbitrary, capricious, or unreasonable about the NJDEP's determinations concerning Hartz's rights under the RCOEA and … "vessel traffic" and "water depth," and "shall" make such determinations "on a case-by-case basis." N.J.A.C. …
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… Defendant argues that no evidence was provided at trial to support a self- defense jury charge even though defendant's … 289 (1974)). As we said in Romano, integral to a court's determination of whether a defense of necessity applies is … N.J.S.A. 2C:44-1(b)(8). In 17 A-1886-19 reaching the determination that this factor did not apply, the judge relied …
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… acre for the reasons stated in the judge's comprehensive supporting written decision. On appeal, defendant contends … explained that she had "confidence in [her] land value determination because it is supported by the current land … of valuation, [ the judge] reaffirm[ed her] prior determination of value for all four tax years," and held that …
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… motives for the promotion that were devoid of any factual support and fell short of showing that the decision to … Div. 2013)). A-1775-20 11 "We will not set aside the determination of an administrative agency" unless the … or by statute to be determined by an agency by decisions, determinations, or orders, addressed to them or disposing of …
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… we defer to the judge of compensation's credibility determinations and because the decision was supported by sufficient credible evidence in the record, we … believe her subjective complaints." He did not make any determination as to the causation of her RSD because he …