njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … 2C:3-4(a). "If a 'self-defense charge is requested and supported by some evidence in the record, it must be given. …
njcourts.gov
… organization. Evidence of an ascertainable structure will support an inference that the group engaged in carefully … or highly coordinated criminal activity and thus, will support the conclusion that an enterprise existed. But apart … organization.4 Evidence of an ascertainable structure will support an inference that the group engaged in carefully …
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… arguments that they believe would influence the price. To support their arguments and help you understand the factors … Alloy Corp., 136 N.J. Super. 560, 567 (App.Div. 1975). Determination of the date of taking is a question of law for … Alloy Corp., 136 N.J. Super. 560, 567 (App.Div. 1975). Determination of the date of taking is a question of law for …
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njcourts.gov
… was, at best, a proposed modification. The record fails to support any assertion that Bancorp accepted US Estates' … $370,000 in December 2010, satisfied this requirement. In support of this interpretation of the agreement, US Estates … them. Brill, supra, 142 N.J. at 540. In light of our determination the motion judge erred in granting summary …
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njcourts.gov
… the following day. Defendant's Summary Judgment Motion In support of its summary judgment motion, defendant filed the … if any, in his firm's representation of plaintiff. No other supporting certifications were provided. Defendant's … withdraw petition. Thus, the record contains evidence supporting plaintiff's contention that it objected to the …
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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … that the ineffective assistance of counsel affected the determination of guilt such that Rule 3:22- 12 should be … that "PCR counsel advanced this issue, albeit briefly." To support this contention, defendant cites to his original pro …
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njcourts.gov
… or was committed to acquire property or monies in order to support the person's drug or alcohol dependency . . . ."). … of cannabis or for the purpose of obtaining money to support his marijuana habit. Defendant pled guilty under … noted that such crimes were committed by "addicts . . . to support their addiction." He noted those involved in his …
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njcourts.gov
… "broad discretion" in making the PTI-diversion determination. State v. K.S., 220 N.J. 190, 199 (2015). In … "all relevant factors" when 11 A-4543-19 making a PTI determination unless the defendant demonstrates otherwise. Id. … [a PTI] application, the reason for consideration must be supported by undisputed facts of record or facts found at a …
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njcourts.gov
eCourts Civil Part – eFiling Verified Complaint with Order to Show Cause Page 1 of 15 Last Modified: December 12, 2019 eCourts Civil Part- eFiling Verified Complaint with an Order to Show Cause Topic: eCourts Civil Part – eFiling Verified Complaint with …
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njcourts.gov
… investor['s] negligent supervision and monitoring claim. In support of his decision, the judge noted that under the … 101 (App. Div.), certif. denied, 117 N.J. 87 (1989). The determination as to whether such a duty exists "rests solely … Division was the correct venue for plaintiffs to pursue a determination as to whether the parties agreed to arbitrate …
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njcourts.gov
… AND FAILED TO CONSIDER MITIGATING FACTORS THAT HAD BEEN SUPPORTED BY THE RECORD. A-1049-19 3 A REMAND IS ALSO … At one point, the judge said the A-1049-19 17 facts did not support the charge because such a belief by defendant was … review, appellate courts are deferential to sentencing determinations and 'must not substitute [their] judgment for …
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njcourts.gov
… Legislature's intent, and because the Board's own reasoning supporting its rule is arbitrary and self-contradictory. I. … bound by an agency's interpretation of a statute or its determination of a strictly legal issue.'" Russo v. Bd. of … more aggravated form of negligence" — "mean[t] a willful determination not to perform a known duty, or a reckless …
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njcourts.gov
… at the present time”). Here, there was no data or facts to support a conclusion that the Subject’s use as improved had … does not equate to the lack of their contributory value, or support a conclusion that the Subject’s use as improved, is … continuation of its present use because there is nothing to support a conclusion or opinion of a more financially …
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njcourts.gov
… filed an amended petition, an accompanying brief, and two supporting certifications——an unsigned and undated … [c]onviction [JOC] that would have reflected the court's determination" that he was entitled to 2373 days of jail … claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 N.J. at …
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njcourts.gov
… "all of the buildings together as a collective . . . don't support . . . any assembly use," and determined plaintiffs … and rendered an oral decision reversing the Board's determination. The court interpreted "assembly" under … conditional use variance. The court reversed the Board's determination, granted plaintiffs' application, issued an …
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njcourts.gov
… 1 In the judge's view, the video could be used to support Rivera's identification of defendant as the person … "to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. This inquiry … authority. State v. Sands, 76 N.J. 127, 144 (1978). A determination under N.J.R.E. 403 will not be overturned on …
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njcourts.gov
… and either first-degree or second-degree robbery can support a felony murder offense when, as here, the robbery … robbery alternatively can supply the predicate offense to support a felony murder conviction. N.J.S.A. 2C:11-3(a)(3); … found him guilty of aggravated manslaughter simply to support a felony murder conviction. Looking, as we must, at …
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njcourts.gov
… whether the factual circumstances presented in this case supported a police officer’s determination to conduct a warrantless protective sweep in the … 4. Here, there is sufficient evidence in the record to support the trial court’s factual finding that the officers …
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njcourts.gov
… Chapter 91 “within time for it to be incorporated in his determination of the correct assessments to be submitted to … tax board appeal judgments/settlements. This reading is supported by the legislative intent of the ADP, which among … Realty Trust v. Brick Twp., 23 N.J. Tax 225 (Tax 2006), in support of its argument that November 1 cannot be used for …
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njcourts.gov
… On April 11, 2013, the Director made its final audit determination and determined plaintiff owed $5,429,385.38 in … the corporate structure were both legally sound and supported by the record. The record supports Judge Sundar's finding that plaintiff derived …