njcourts.gov
… of the resentencing hearing: In short, we find no basis to support aggravating factor one. The balance of defendant's … sentence based upon a fact not submitted to the jury for determination beyond a reasonable doubt violates a criminal …
njcourts.gov
… prosecution of the petition. PCR counsel filed a brief in support of the petition arguing defendant was entitled to …
njcourts.gov
… consideration: POINT I THE [PCR] JUDGE ERRED IN HIS DETERMINATION THAT TRIAL COUNSEL PROVIDED EFFECTIVE ASSISTANCE … when he or she "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant 7 A-2149-19 …
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… Rule 4:4-4(a)(8), but its plain language plausibly supports the notion that there is, in fact, more than one …
njcourts.gov
… filed the motion that is the subject of this appeal. In his supporting brief, he specifically raised the issue about his … he was pleading guilty. We chose not to consider his unsupported argument as we have not been provided with any …
njcourts.gov
… 9.3(c), and providing a "medical certification . . . to support a finding of good cause attributable to work," …
njcourts.gov
… defendants to 5 A-4384-18T1 submit a supplemental brief in support no later than April 19, 2019. Defendants did not …
njcourts.gov
… decision. The parties were married in 2008 and have four children together. On March 8, 2019, plaintiff obtained a … factual findings unless convinced "they are so manifestly unsupported by or inconsistent with the competent, relevant … Judge Murray considered overwhelmingly supported her determination that plaintiff was in need of an FRO to protect …
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… Plaintiff Alexa Rivera, for herself and on behalf of her children A.D. and D.D., appeals from an order dismissing her … Ayusa and owned by defendant Campbell's. Plaintiff's two children were in the back seat of her car. All suffered … is well-established that the 1 In his certification in support of the cross-motion to reinstate, plaintiff's …
njcourts.gov
… hearing only when he "has presented a prima facie [case] in support of [PCR]," meaning that a defendant must demonstrate … a prima facie case of ineffectiveness, but instead made unsupported bald assertions. Defendant is unable to meet the …
njcourts.gov
… Patel, 239 N.J. 448. Defendant cites no authority to support his contention that an improper plea colloquy …
njcourts.gov
… unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 … would have received a worse outcome without the plea was unsupported by the record. He asserts the judge also erred in …
njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … State v. Johnson, 42 N.J. 146, 162 (1964)). On a legal determination, in contrast, our review is plenary. State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… vested "with the authority to alter the Zoning Official's determination." Based on that advice, 1 The Township of … Board denied plaintiff's appeal of the zoning official's determination. Thereafter, plaintiff filed a motion in the … ordinance." She noted the Board failed to provide any support for its contention "that the zoning officer's …
njcourts.gov
… that the concerns cited by the trial judge provide adequate support for her discretionary decision to deny the State's …
njcourts.gov
… however, he awarded plaintiff $298 plus costs. "Final determinations made by the trial court sitting in a non-jury … that those findings and conclusions [are] 'so manifestly unsupported by or inconsistent with the competent, relevant … 471 (1999). Even when the trial court makes creditability determinations without articulating its detailed findings or …
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… adoption of the revised DWI statute and its effective date supports application of the ignition interlock device …
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… held in Thompson that such behavior and circumstances can support an inference of a defendant's present intent to …
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… facility.1 In March 2020 Allen stopped working because of childcare needs that arose when her children's school closed … by well-established principles. Generally, the final determination of an administrative agency is entitled to … capricious or unreasonable; or lacking substantial support in the record; or contrary to the applicable law. In …
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… addressed the specific points raised on appeal from that determination and concluded that they were unpersuasive. We … failed to investigate, interview and present witnesses to support a defense theory of self -defense and/or the lesser …