njcourts.gov
… IV A RESENTENCING IS NECESSARY BECAUSE THE COURT FAILED TO SUPPORT ITS FINDING OF AGGRAVATING FACTOR ONE WITH COMPETENT … that a defendant's post-charge conduct is admissible if it supports an inference that the conduct "is evidence of …
njcourts.gov
… bystanders during theft from . . . other persons" does not support a separate robbery charge for each bystander. State … that there was sufficient circumstantial evidence to support the jury's finding that the codefendants planned to …
njcourts.gov
… Division exceeds the limits of Rule 3:13-3(b) and is not supported by this Court’s jurisprudence. 1. An accused has a … to prove or disprove any fact of consequence to the determination of the action. The State’s discovery obligation … disclosure of his identity is essential to assure a fair determination of the issues. The State has legitimate concerns …
njcourts.gov
… scheme, the jurors are well-equipped to make the final determination of whether a defendant had the requisite mental … the average juror is well-equipped to make the final determination whether a defendant possessed the requisite … jury trial, the State elicited the following evidence in support of its case. On July 16, 2008, Detective Demetrius …
njcourts.gov
… ten years without an infraction. The legislative history supports the Court’s construction. The Senate Judiciary Committee Statement indicated the Legislature’s determination that “any” second offense and “any” third … State urges the Court to affirm the Appellate Division determination. It argues that the Legislature did not intend …
njcourts.gov
… of N.J.S.A. 2A:58C-8, because of evidence tending to support a determination that American played a role that qualified it as … explains, those rulings were based on the judge's determination that Central's implied warranty, negligent …
njcourts.gov
… search, arguing there was insufficient probable cause to support the issuance of the search warrant and the police … discern no basis to depart from our previously expressed determination in Hudson that the prohibition against the … merger of certain counts or for a statement of reasons to support a consecutive term. Id. at 353. The circumstances of …
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njcourts.gov
… EXTERNAL SECURITY SYSTEM”. When this happens, call Customer Support (609-421-6100) for assistance. Customer Support will reset the password. Once reset, please refer to …
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njcourts.gov
… to adopt the Redevelopment Plan despite the Board's determination that it was inconsistent with the Master Plan.1 … and capriciously rejected the Planning Board's initial determination. The second count sought the same relief, … planner and the memorandum of the Township Planner supporting its determination[,]" its decision was not …
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njcourts.gov
… 208 (2011). Chief Justice Rabner's unanimous opinion is supported by social science studies compiled by a Special … Wakefield, 190 N.J. at 437–38. That conclusion is supported by the fact that defense counsel offered no …
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njcourts.gov
… is made of tough fibrous tissue and cartilage. This tissue supports the joints between the end of the forearm bones … claims). We also disagree with the motion judge's determination to reject the opinions of Dr. Arginteanu and Dr. … lacks . . . foundation and consists of bare conclusions unsupported by factual evidence is inadmissible as a net …
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njcourts.gov
… and personnel unless a [judge] concludes that the determination of the public entity was palpably unreasonable. … v. Josey, 83 N.J. 49, 59-60 (1980). These discretionary determinations include decisions such as what roads should be … pothole repairs, Janiec confirmed such repairs were unsupported by work records. 14 A-3436-19 II. The County …
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njcourts.gov
… defects, such as water infiltration or mold, logically support the application of the continuous-trigger doctrine. … attribution analysis would require a defendant-specific determination of when each defendant reasonably could have … the most pivotal aspect of this appeal, namely the determination of when the property damage due to water …
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njcourts.gov
… Rights New Jersey, amicus curiae, for itself, and The Supportive Housing Association of New Jersey, The Housing … obligations "should be the starting point for a determination of a municipality's fair share responsibility." … FHA directed COAH to adopt were targeted for "[m]unicipal determination of its present and prospective fair share of the …
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njcourts.gov
… pretrial justice system. The adoption of CJR required the support of all three branches of state government. Its … court event, and not as part of the initial release determination. Of the 10 remaining bails, 9 were ordered … sustainability. As a result of legislative action and support from the Governor, effective July 1, 2019, the …
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njcourts.gov
… of N.J.S.A. 2A:58C-8, because of evidence tending to support a determination that American played a role that qualified it as … explains, those rulings were based on the judge's determination that Central's implied warranty, negligent …
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njcourts.gov
… to notify them of the site conditions that led to the determination to excavate the contaminated soil from the … Our scope of review of an administrative agency's final determination is limited." Capital Health Sys. v. N.J. Dep't … the berm would not cause any impact to ground water.10 In support of their contrary allegation, appellants mistakenly …
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njcourts.gov
… RECKLESS MANSLAUGHTER, WHEN THE EVIDENCE BELOW DID NOT SUPPORT OR SUGGEST A CONVICTION UNDER THAT INCLUDED OFFENSE. … Fungone, 134 N.J. Super. 531, 534-36 (App. Div. 1975), in support 15 A-0057-14T2 of his argument that once a jury is … State v. Farrow, 61 N.J. 434, 451 (1972)). Such a determination can only be reached so as to require the …
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njcourts.gov
… towel was equivalent to the heaviest bag, a conclusion not supported by the testimony. The chemist tested and weighed … based on speculation——not a clear inference——and is unsupported by our caselaw. Assessing the evidence and the … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; accord N.J.R.E. …
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njcourts.gov
… (1) a single crime could be proven by different theories supported by different evidence, and there is a reasonable … confusing, but that's the first issue, whether there's a determination as to whether or not this defendant, in fact, … for defendant's flight. In short, the record does not support a factual basis for an alternative explanation …