-
njcourts.gov
… proofs identifying him as one of the shooters further supports the likelihood that he did not suffer prejudice … of the trial judge, an appellate court is not bound by a determination when the 'particular circumstances present such … (approved Jan. 14, 2013)).] "The trial court's determination as to whether a Czachor charge is warranted …
-
njcourts.gov
… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
-
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 …
-
njcourts.gov
… as the shooter. The witness had known defendant since childhood. Defendant, sixteen years old at the time of the … this testimony provided a sufficient factual basis to support a plea to aggravated manslaughter under N.J.S.A. … the State contends that defendant’s guilty plea was supported by an adequate factual basis. Noting that a …
-
njcourts.gov
… Stacey married Paul in 1999, and the couple had two children. Paul and Stacey divorced in 2003. As part of a … the Family Court granted them joint 4 custody of the children and named Paul the parent of principal residence. … summation, the State contends that the record fully supported the prosecutor’s comments, that defendant did not …
-
njcourts.gov
… was also no contact between Allen and Oritani that would support a special relationship. In City Check Cashing, the … 3 An Appellate Division panel reversed the trial court’s determination. It found that the ADS resolution signed by … the statute’s objectives. Accordingly, we reverse the determination of the Appellate Division, and reinstate the …
-
njcourts.gov
… v. Totowa Borough, 18 N.J. Tax 540, 545 (Tax 2000). The determination of the highest and best use of a property is … and best use conclusions are reasonable and credibly supported by their analysis of Montclair’s R-4 zoning … a fifteen percent upwards market rent adjustment was not “supported by substantial credible evidence on the whole …
-
njcourts.gov
… alter the method of calculating self-procurement tax. In support of this position, J&J argued that the NRRA was … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with … corporation's property and activities elsewhere.” Ibid. Determination as to when a state may properly impose IPTs …