njcourts.gov
… bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" In re Taylor, 158 … recognizes that, as both parties assert, cases exist to support either side's position regarding principles of … law, such as common law. The available legislative history supports DEP's position. In the 2001 Senate Environment …
-
njcourts.gov
… to meet this objective, the Township should continue to support the district with public parking facilities, and the … bakeries, and nonalcoholic beverage bars. II. A In support of its application, Kensington presented the … on the use. Gregory noted the Board's concern "about school children and maybe the traffic 18 A-1010-19 during that …
-
njcourts.gov
… factors and assigned too much weight to marginally supported estimator factors." In essence, defendant argues … fails to issue an identification instruction, "[t]he determination of plain error depends on the strength and … evidence in the case that you consider relevant to your determination"; that it may consider "all of the circumstances …
-
njcourts.gov
… of the parties), the trial court noted, Defendant argues in support of her motion for an award of attorneys['] fees that … opposed to unsupervised and equal parenting time for the children at a time when the defendant had completed … 11 A-1776-20 1992)). "We will disturb a trial court's determination on counsel fees only on the 'rarest occasion,' …
-
njcourts.gov
… law remains, we give "no special deference to the legal determinations of the trial court." Ibid., (citing Manalapan … that the trial court properly held "no facts exis t to support a finding that [Taylor-Esquivel] was listed as a … carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system," …
-
njcourts.gov
… against Minda. He raises two distinct legal arguments in support of that contention: (1) he was not an employee of … was Hocutt's "special employer." Hocutt disputes that determination on the grounds that he did not give "informed … relies on our decision in Blessing v. T. Shriver & Co. to support his contention that the first prong has not been …
-
njcourts.gov
… to provide architectural and engineering services and support, and with defendant Natkin & Company to provide the … various stages of the work, turning on fact-sensitive determinations and various analytic approaches to construction … role other than manufacturer of the product that requires determination and allocation of liability by the jury. But …
-
njcourts.gov
… Legislature amended the refusal statute to effectuate its determination that interlock devices served as a greater … N.J. at 522, we consider two questions to assist "in the determination whether a court should apply a statute … after December 1, 2019. Our conclusion on this point finds support in two recent decisions of the Supreme Court. In …
-
njcourts.gov
… seriousness of his prior record, again, is a qualitative determination that the [c]ourt is required to make note of the … substantially outweigh the mitigating factors. The record supported the sentencing judge's finding of this aggravating … find the judge abused his discretion in making this determination. Nor do we find that the judge abused his …
-
njcourts.gov
… instruction may constitute plain error," that "determination . . . depends on the strength and quality of the … imposing sentence. The scope of our review of sentencing determinations is limited and highly deferential. See State v. … consecutive sentences although "the only factor that support[ed] consecutive sentences [was] the presence of …
-
njcourts.gov
… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … merged offense of second-degree aggravated assault, were supported by the proofs in the record. As to Paz, although … factors three, six, and nine. Nothing in the record supports the mitigating factors defendant now proposes …
-
njcourts.gov
… We likewise conduct a plenary review of the trial court's determination of a dismissal motion under Rule 4:6-2(e). … decision in Ryan. Plaintiff neither cross-moved nor filed a supporting certification to support her argument. Instead, plaintiff summarily argued …
-
njcourts.gov
… Person in Permit Records Was Misleading and Insufficient to Support [Defendant's] Conviction. [B]. In the Alternative, … Defendant and Jade2 married in 2015. Jade had two teenage children from a previous relationship whom defendant helped … relies on a purely legal question, . . . we review that determination de novo." Twiggs, 233 N.J. at 532. 15 A-5622-18 …
-
njcourts.gov
… only arises "in situations where the evidence will support a conviction based on the theory that a defendant … Maloney, "none of the evidence presented by the State could support a jury finding that defendant was liable as an … in a motion to suppress provided those findings are supported by sufficient credible evidence in the record. …
-
njcourts.gov
… defendant asserts the State's evidence was insufficient to "support a finding that the defendant maintained the premises … sentences. We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] … offenses. Defendant's criminal history also clearly supported the judge's finding of aggravating factor six, the …
-
njcourts.gov
… plea, he waived his right to appeal any other adverse determination, including his motion to compel the State to … trial court's decision, provided that those findings are 'supported 6 In reversing the trial court, we explained that … the encounter, are circumstances relevant to the court's determination. See Pineiro, 181 N.J. at 22. Likewise, courts …
-
njcourts.gov
… Act, and that there were no facts in the record to support the notion that plaintiffs contributed to Palermo's … plaintiffs argue the court correctly concluded the jury's determination that plaintiffs were justified in relying on the … Further, its conclusion that the jury's determination that plaintiffs reasonably relied on Woodward's …
-
njcourts.gov
… 2020, the judge issued a written statement of reasons that supported orders (the August 2020 orders) denying 3 At some … suggested she could not revisit the issue because "[t]hat determination ha[d] not been challenged by any party" and "it … [not] be proper for [her] to . . . overrule that factual determination . . . without someone having asked me to." But …
-
njcourts.gov
… or was late in paying certain loans extended by Privcap. In support of this claim, Majek asserted that on March 12, … proof that Norse was insolvent at the relevant time. In support of this claim, Majek relies almost exclusively on … Nexus and Privcap are based on nothing more than Majek's unsupported supposition and conjecture. In response to Majek's …
-
njcourts.gov
… call them a "conscious strategic decision" that could not support an allegation of ineffective assistance). Applying … see Coruzzi, 189 N.J. Super. at 321, nothing in the record supports the conclusion counsel's failure to call any … given almost a year prior to defendant's conviction, which supported defendant's third-party guilt defense. …