default
… N.J.S.A. 39:4-50. We affirm. We derive the following facts from the record. On November 10, 2010, defendant … or induced into pleading guilty. Defendant then provided a factual basis for his plea. Defendant admitted that on … a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 160. "[T]he burden rests on the …
default
… of an independent special prosecutor to pursue a citizen-complaint once probable cause has been determined. We … carefully examining available evidence, the law, and the facts. The judge also addressed Brennan's argument that … the Pennsylvania Supreme Court recognized in that case, the facts presented there were distinguishable from a situation …
default
… 7, 2019 2 A-4883-16T3 1(a)(1); second-degree conspiracy to commit robbery, pursuant to N.J.S.A. 2C:5-2(a)(1); … through the evidence 'to determine whether any trier of fact could rationally have found beyond a reasonable doubt … observing his demeanor, and that his testimony was not "studied or rehearsed." Notably, neither E.B. nor S.R. were …
default
… in the indictment at sentencing, the State agreed to recommend 3 A-1592-16T4 a non-custodial probationary … 5, 2014." We added, however, that because "there were no facts in the record by way of certifications to support the … AND THE COURT'S FINDINGS TO THE CONTRARY PARTAKE OF FACTFINDING AND CREDIBILITY 3 We have consolidated Points I …
njcourts.gov
… MIND NUTRITION, Plaintiffs-Appellants, v. AMGUARD INSURANCE COMPANY, Defendant, and KAPATOES INSURANCE SERVICES and MARK … scope of the AOM statute. The judge noted the undisputed fact that Kapatoes, as an insurance broker and producer, is … reciprocal promise by Kapatoes to fulfill such request. In fact, at least one of the e-mails suggests a desire to …
njcourts.gov
… an evidentiary hearing. We affirm. We provide the following factual background relative to our determination. Upon a report of citizen complaints that there was a dead body in defendant's … burden, the defendant must allege and articulate specific facts, which "provide the court with an adequate basis on …
njcourts.gov
… offenses regarding December 11 (counts five to seven). The facts underlying the jury's verdict in the second trial are … got something out of his Yukon and motioned for Merrill to come with him into the porch. There, [defendant] gave … 147 L. Ed. 2d 964 (2000), the judge concluded "[t]he simple fact that a trial strategy fails does not necessarily mean …
njcourts.gov
… the welfare of a child. We affirm. We discern the following facts from the trial record. In mid-March 2011, defendant … The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything … "There is no miscarriage of justice when any trier of fact could rationally have found beyond a reasonable doubt …
njcourts.gov
… in retaliation for defendant's filing of a harassment complaint against an officer. According to defendant, while … evidence during the hearings. In his written findings of fact and conclusions of law, the PCR judge rejected … TO HIS SUPERIORS FOR ABUSE OF AUTHORITY. In reviewing factual findings based upon witness testimony at a PCR …
njcourts.gov
… v. ALLSTATE NEW JERSEY PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Respondent. … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
njcourts.gov
… 3 A-3281-16T4 on?" Gamble said he believed the voice was coming from the bathroom. Gamble asked whoever was in the … be entitled to an adverse inference charge, molded to the facts of the case. Id. at 608-09. However, because the … if it 'ha[s] a tendency in reason to prove or disprove any fact of consequence to the determination of the action.'" …
njcourts.gov
… relationship, or with whom their objectivity may be compromised." N.J.A.C. 3A:10-1.3. 5 A-3016-15T1 identified … according to S.M., "the findings of the [PDCIU] fail both factually and as a matter of law" and are therefore … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
njcourts.gov
… IT MAY CONCERN: 3 A-3427-15T2 NOTICE IS HEREBY GIVEN of the commencement of suit in the Superior Court of New Jersey, … legal consequences that flow 8 A-3427-15T2 from established facts." Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 … on it. The equities cannot countenance a disregard of the factual events and preclude Wizorek his equitable 2 In light …
njcourts.gov
… hearing, Judge Charles Middlesworth, Jr. issued a comprehensive Memorandum of Decision on September 11, 2009, … Typically, reservation of such a right would be a major factor in the negotiations and would have to be expressly … by an affidavit or certification specifying particular facts are not sufficient to demonstrate counsel's alleged …
njcourts.gov
… by the trial court on October 9, 2015, dismissing his complaint with prejudice. We affirm. I. This appeal arises from the following facts. On May 18, 2015, plaintiff submitted a request … made or kept, or because it was filed in public office." Keddie v. Rutgers, 148 N.J. 36, 49 (1997) (citing Higg-A-Rella, …
njcourts.gov
… Alvarez and Accurso. On appeal from the Civil Service Commission, CSC Docket No. 2014-480. Caruso Smith Picini, … were suspended when her supervisor advised her of the fact on December 24, 2012. She claimed the suspension was … restored and I confirmed that my driver's license was in fact restored at 13:00 hours." Dwyer testified she only …
njcourts.gov
… delivered to the LBOE on or before September 15, 2011; (c) Commencing on October 1, 2011[,] and continuing for … THE TRIAL COURT ERRED BY FAILING TO CONDUCT A PLENARY FACT[-]FINDING HEARING. We are not persuaded by these … a sufficient "foundation which will enable the trier of the facts to make a fair and reasonable estimate." Id. at 436 …
njcourts.gov
… of plaintiff eMazzanti Technologies, Inc. (eMazzanti or company) against defendant Douglas Singer, its former … to provide the same services as offered by eMazzanti. In fact, one of eMazzanti's former clients became Niche's … 254 (2015). We therefore discern no reason to upset her factual findings because we are unpersuaded that they were …
njcourts.gov
… necessary for context, we briefly recount the salient facts. At approximately 2:00 a.m. on March 8, 2008, the … Station. While under arrest and in custody, the police commenced interviewing the occupants of the car. Defendant's … ruling on discovery was erroneous, but does not address the fact he did not identify for the PCR court (or on appeal) …
njcourts.gov
… SCHOOL DISTRICT, Defendants, and VIRCO and VIRCO MANUFACTURING CORPORATION,1 Defendants-Respondents. … defectively designed folding rollaway cafeteria table manufactured by defendant Virco Mfg. Corporation (Virco). … inches." He listed his source as a report entitled "Comparative Anthropometry of the Hand." Defendant contends …