-
njcourts.gov
… patient, should not have been discharged—clashes on these facts with the terms of our civil commitment laws. I. We summarize the pertinent facts from the record, viewing them in a light most …
-
A-30-24 Petition For Certification
Briefs
njcourts.gov
… Hon. Mark K. Chase, J.A.D. Hon. Christine M. Vanek, J.A.D COMBINED BRIEF IN SUPPORT OF PETITION FOR CERTIFICATION AND … 1 STATEMENT OF FACTS AND PROCEDURAL HISTORY………………….4 A. This Supersession … grant supersession authority itself, (Pca31). By way of remedies, the panel ordered the State to “relinquish control of …
-
A-16-24 Appellant Response To Amicus Brief
Briefs
njcourts.gov
… OF HUMAN SERVICES; SARAH ADELMAN IN HER CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES; THE STATE … TABLE OF CONTENTS PROCEDURAL HISTORY AND STATEMENT OF FACTS ................................ 1 LEGAL ARGUMENT … using "the cost appo1iionment methodology, and the cost per diem and ratio of cost-to-charge ("RCC") methodologies" …
-
A-3416-22 Briefs
Briefs
njcourts.gov
… OF PROCEDURAL HISTORY 1 COUNTER-STATEMENT OF FACTS 6 LEGAL ARGUMENT POINT I THE PCR COURT PROPERLY DENIED … 40 State v. Comer, 249 N.J. 359 (2022) … second-degree possession of a firearm in the course of committing a violation of N.J.S.A. 2C:35-5, in violation of … September 23, 2024, A-003416-22 -6- COUNTER-STATEMENT OF FACTS In 2009, the Union County Prosecutor’s Office, …
-
njcourts.gov
… whether: (1) our Supreme Court's decision in State v. Comer, 249 N.J. 359 (2022), should extend to youthful … to Miller, the constitutional infirmity could be remedied by resentencing or consideration for parole. Montgomery … into account how children are different," and consider the factors enumerated in Miller, 567 U.S. at 477-80, before …
-
njcourts.gov
… DIVISION DOCKET NOS. A-2830-21 A-3320-21 STAVOLA ASPHALT COMPANY, INC. and STAVOLA LEASING, LLC, … variances to construct defendant's bituminous concrete manufacturing plant in Howell Township's special economic … truckers often "oiled up" the body of their trucks with diesel fuel, which can be destructive when leaking onto …
-
njcourts.gov
… But they may not use deadly force if they can retreat with complete safety. The castle doctrine provides an exception … But the jury received no direction as to how those disputed facts related to -- or had the potential to negate -- the … took place in an individual’s “dwelling” is ordinarily a factual question for the jury, as is whether a defendant was …
-
A-1036-23 Briefs
Briefs
njcourts.gov
… B. McNally, Esq. (ID # 049081998) steve@mcnallylawllc.com 93 Main Street Newton, New Jersey 07860 On the Brief: … . . . . . . . . . . . . . . . . . . 1 Concise Statement of Facts . . . . . . . . . . . . . . . . . . 4 A. Appellants … the Reconsideration Motion (26a-27a). CONCISE STATEMENT OF FACTS On April 20, 2020, Appellants acquired 65-67 Cleremont …
-
njcourts.gov
… described the person as a black male with a "black hoodie on, black sweatpants, and the hood was up," which struck … got out of the car 5 A-0941-22 and heard Szbanz say "he's coming right back out where he went in." When Carrigg heard … AFTER THE ORIGINAL SENTENCE VIOLATED R. 3:21-10(A) AND THE FACT THAT THE NEW SENTENCE INCREASED THE PERIOD OF TIME …
-
njcourts.gov
… DOCKET NO. A-1484-20 DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION, WADUD AHMAD, ESQ., individually and in his … amicus curiae United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, and Allied Industrial and Service Workers … Cir. 2012), the court explained it looked at the "objective factors . . . on the face of the action and not the …
-
njcourts.gov
… POINT LLC, DANIEL S. LOEB, JEFFREY PERRY, MORGAN KEEGAN & COMPANY, INC., JOHN D. GWYNN, CHRISTOPHER BRETT LAWLESS, … to its common law claims. C & F based its motion on the fact that Fairfax's absence from the remaining proceedings … appellate courts "generally defer" to the judge's factual findings and will look to see if "those factual …
-
njcourts.gov
… thirty-three years later, plaintiff Allen S. Greene filed a complaint for divorce and sought to summarily validate the … the Rule 4:42-9(a)(1), N.J.S.A. 2A:34-23, and Rule 5:3-5(c) factors, the financial needs of the parties as required by … legal services. II. Appellate "review of a trial court's fact-finding function is limited." Cesare v. Cesare, 154 …
-
njcourts.gov
… the county prosecutor's office is inherently a "necessary component of their jobs as police officers," active-duty … To aid trial judges and counsel , we present non-exhaustive factors that should be considered in evaluating, on a … juror employed in law enforcement. If, on the whole, those factors establish cause, the trial court "shall" remove the …
-
njcourts.gov
… the county prosecutor's office is inherently a "necessary component of their jobs as police officers," active-duty … To aid trial judges and counsel, we present non-exhaustive factors that should be considered in evaluating, on a … juror employed in law enforcement. If, on the whole, those factors establish cause, the trial court "shall" remove the …
-
njcourts.gov
… guilty to first-degree aggravated manslaughter with a recommended sentence of eighteen years. The judge also found … And Evidentiary Hearing Testimony, She Cannot Establish A Factual Basis For Every Element Of Aggravated Manslaughter. … OF STRICKLAND, NOR DOES HER TESTIMONY SUPPORT AN ADEQUATE FACTUAL BASIS FOR 23 A-0343-22 A GUILTY PLEA TO AGGRAVATED …
-
njcourts.gov
… conviction for the reasons expressed herein. The following facts were adduced during a pre-trial motion to suppress and … right to remain silent," he decided based on defendant's comments not to ask all the "standard questions" usually … States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and evidence rule, …
-
njcourts.gov
… criminal activity. Based on the robbery charge, the PSA recommended that Travis not be released. The State moved for … more clear, then, its text should point to the additional factors judges consider when they decide whether to detain a … be treated as “pending charges.” One of the nine risk factors that form the basis of the risk-assessment tool is …
-
njcourts.gov
… DIVISION DOCKET NO. A-3654-21 NEW JERSEY REAL ESTATE COMMISSION, Petitioner-Respondent, v. RICHARD A. KARPF, … answer the door and/or let her in the office despite the fact that [Arthur] testified that he was there all day … statute. 12 A-3654-21 The ALJ also evaluated the Kimmelman8 factors for determining the appropriate monetary penalty. …
-
A-3963-22 Briefs
Briefs
njcourts.gov
… BE REVERSED BECAUSE THE CUMULATIVE EFFECT OF THE IMPROPER COMMENTS BY DEFENSE COUNSEL AND THE ERRONEOUS EVIDENTIARY … his Testimony Addressed Subject Matter that was within the Common Knowledge of the Jury Rather than Expert Opinions … history to me today. Further complicating this case is the fact that she had a gait dysfunction and balance disorder …
-
njcourts.gov
… in other cases is limited. R. 1:36-3. 2 A-3129-23 In this commercial lease matter, defendant YX1 Logistics, LLC … assembling and storing custom retail fixtures that it manufactured, designed, and installed for businesses throughout … to a constructive eviction is a question of fact." Gottdiener v. Mailhot, 179 N.J. Super. 286, 293 (App. Div. …