-
njcourts.gov
… voluntary nor knowing as he failed to provide a sufficient factual basis to support the charges. We disagree with all … defendant to drop the box cutter but he did not immediately comply. Defendant was arrested and charged with: 1) … that warning, sir? DEFENDANT: Yes. With regard to the factual basis for defendant's plea, defendant's counsel and …
-
njcourts.gov
… -- that a defendant would not be a danger to the community while on special Drug Court probation -- may … During sentencing, the judge analyzed the nine statutory factors required to impose a Drug Court sentence under … judge makes a plainly mistaken, non-discretionary, non-factual finding under N.J.S.A. 2C:35- 14(a). Because …
-
njcourts.gov
… he make any verbal threat of violence if Cervantes did not comply with his request. 1 Defendant made an argument below … the relevant inquiry is whether 'any rational trier of fact could have found the essential elements of the crime … of the circumstances presented at trial, a rational fact finder could conclude that defendant's proximity to …
-
njcourts.gov
… 31, 2017. We affirm. I. We briefly summarize the relevant facts, drawn from the evidence presented at trial. On July … the driver made a left turn onto Mercer, but failed to come to a complete stop at the stop sign. The Toyota turned … CONSTITUTIONS. POINT III COMMENTS BY THE PROSECUTOR ON FACTS NOT IN EVIDENCE DEPRIVED DEFENDANT OF A FAIR TRIAL. …
-
njcourts.gov
… challenges his sentence. We affirm. We take the following facts from the record. Late in evening of January 22, 2015, … one $5 bill, and five $1 bills. Officers opened the steel compartment on the rear passenger side of the vehicle with a … There's a reason why he's not 7 A-5552-16T4 charged. And ladies and gentlemen, I submit that . . . Thompson knows he …
-
njcourts.gov
… is limited. R. 1:36-3. February 12, 2020 2 A-3345-17T4 Galdieri, II, Assistant Prosecutor, of counsel and on the … resentencing. I. The trial testimony revealed the following facts. On January 8, 2015, at approximately 9:30 pm, four … defendant to get on the ground. After defendant failed to comply, the police unsuccessfully attempted to gain control …
-
njcourts.gov
… 11, 2017 3 A-4174-13T4 We briefly summarize the relevant facts and procedural history. In April 2009, Lopez filed a … basis of non-payment of rent. In May 2009, Brown filed a complaint in the Law Division against Lopez and other … 2013). We held that there were genuine issues of material fact as to whether Lopez, Carracio and Velasco engaged in …
-
njcourts.gov
… criminal sexual contact, N.J.S.A. 2C:14-3(b). The completed verdict sheet signed by the judge on January 17, … lesser-included charges. The judge, sitting as the trier of fact, found defendant and Marmolejos guilty of the … Rather, counsel argued to the trial court that there was no factual basis to support a conviction for the second- or …
-
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT APPROVAL FROM THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … 1 – 20, and ABC PARTNERSHIPS 1 - 20, Defendants. 2 FACTUAL BACKGROUND THIS MATTER arises out of a dispute … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
-
njcourts.gov
… Having reviewed the record, we conclude that the judge's fact-finding decision was supported by sufficient credible … H.A. (Helen) was dismissed from the matter prior to the fact- finding hearing with no findings made against her. … to meet with the Passaic County Prosecutor's Office and comply with the Division's safety protection plan, which …
-
njcourts.gov
… her home from school, defendant would tell J.E. to accompany him to the basement. Once there, he "put his . . . … forth. But, if anything in this case, the interviewer, in fact, explained his rights more than once whenever there was … Constitution and this state's common law [is] now embodied in statute, N.J.S.A. 2A:84A-19, and evidence rule, …
-
njcourts.gov
… 9, 2023, Law Division order dismissing with prejudice her complaint against her employer, defendant Elizabeth Board of … school in the Elizabeth Public School system," despite the fact that she had provided proof that her ex-husband resided … the [NJCRA] was intended to address potential gaps in remedies available under New Jersey law but not cognizable under …
-
njcourts.gov
… to HUMC's post office lock box an offer of settlement accompanied with a check for $45,479.04. The payment … of subject matter jurisdiction based on accord and satisfaction. HUMC opposed the motion, relying on Zeller v. … Div. 1977) (delineating the elements of accord and satisfaction), and Loizeaux Builders Supply Co. v. Donald B. …
-
njcourts.gov
… judge determined the stop was valid relying upon the community caretaking exception from "unreasonable searches … court held a hearing over two non-consecutive days. The facts that follow are taken from the testimony and other … of the legal consequences that result from its fact-finding. State v. Stas, 212 N.J. 37, 49 (2012). 7 …
-
njcourts.gov
… TRIAL COURT: (1) FAILED TO CONSIDER THE RELEVANT MITIGATING FACTORS; AND (2) APPEARS TO HAVE CONSIDERED THE WRONG … a bank in Bordentown. The State adduced the following facts at trial. Around noon on January 24, 2020, an … that said, "give me the money, no dye bags." The teller complied with the demand, placed $6,779 in cash in the bag …
-
njcourts.gov
… by the State. We affirm. The parties are familiar with the facts, which we need not recite in detail here, and which … the trial court made no findings about whether the State committed Brady violations by failing to provide all of … in the State's possession and did not make a record of the fact there were letters in the State's possession that were …
-
njcourts.gov
… for the reasons set forth in Judge Robert A. Kirsch's comprehensive written opinion. I. The circumstances of this … two-page opinion. Therefore, we summarize only the salient facts. In November 2013, a Union County Grand Jury indicted … answered, "I understand." Next, defendant provided a factual basis for his pleas. He admitted that in "the early …
-
njcourts.gov
… to Dismiss Counts 13 & 14 of the Indictment. RELEVANT FACTS/ PROCEDURAL HISTORY On February 11, 2019, the State … of entrusted property. And that states, a person commits a crime if he applies or disposes of property that … (2006). The prosecutor not only serves as the presenter of fact but also as the legal advisor to the grand jury. “[A] …
-
njcourts.gov
… Civil Part order dismissing with prejudice its eviction complaint against defendant-tenant Dorothy Howard for … cogent written opinion. I. We discern the following facts and procedural history from the record. Since at least … of Intent. B. Waiver Cannot be Found Based on a Mistake of Fact. C. The Trial Court Erred in Holding that the Beginning …
njcourts.gov
… for the trial court to make the requisite findings of fact and conclusions of law. I. This is now the third time … award.1 We incorporate by reference the extensive factual background and procedural history of this dispute as … Defendant also claimed he did not have the ability to comply with the remand order, and he asked the court to …