njcourts.gov
… Kimberly Green appeals the January 19, 2016 denial of community release by respondent New Jersey Department of … Community Release, administrative move back to EMCF, and ultimate denial of community release was arbitrary, … and should be reversed. Point II - Appellant's Due Process Rights were violated per [N.J.S.A.] 30:4-91.8 and …
njcourts.gov
… in possession of marijuana at the hospital. When the infant ultimately arrived at Hoboken Hospital, he was diagnosed … to PTI. Although the court's assistant division manager recommended G.M.'s admission to the program, the prosecutor … with these principles, a defendant seeking to overcome a prosecutorial veto of PTI admission must "'clearly …
njcourts.gov
… Ct. at 1385, 182 L. Ed. 2d at 407. Although defendant here ultimately entered a plea mid-trial, his petition focuses on … his trial counsel's representation of him. He registered no complaint about his attorney's failure to discover the …
njcourts.gov
… to another vicinage because his trial counsel had become a judge in the same vicinage where defendant was tried … HIS TRIAL ATTORNEY DID NOT 5 A-0336-16T1 REQUEST AN ACCOMPLICE LIABILITY INSTRUCTION PRIOR TO CLOSING ARGUMENTS. … 594, 631 (1990) (noting the decision whether to testify ultimately lies with the defendant, and it "is an important …
njcourts.gov
… Simonelli and Gooden Brown. On appeal from the New Jersey Commissioner of Education, Docket No. 12-1/12. Vito A. … General, argued the cause for respondent New Jersey Commissioner of Education (Christopher S. Porrino, Attorney … A-5393-13T3 [A]n appellate court will not upset an agency's ultimate determination unless the agency's decision is shown …
default
… Starbucks was then leasing across the street , filed a complaint in lieu of prerogative writs challenging the site … the parking variance was arbitrary and capricious and its ultimate interpretation of the ordinance erroneous. Judge … application." The judge also emphasized that Delco's due process rights were never compromised by the decision to …
njcourts.gov
… APPELLATE DIVISION DOCKET NO. A-5554-14T3 RUGIATU SESAY, Complainant-Appellant, v. BAYSHORE COMMUNITY HOSPITAL, … supra, 109 N.J. at 588). We "will not upset an agency's ultimate determination unless the agency's decision is shown … taking advantage of the more expeditious administrative process. Hermann v. Fairleigh Dickinson Univ., 183 N.J. …
njcourts.gov
… Defendant and his co-defendant resisted arrest, but were ultimately subdued. The police found a gun, the wife's … the remaining counts against him. The State agreed to recommend a custodial sentence of ten years, subject to an 85% …
njcourts.gov
… points: POINT I: THE PROSECUTOR'S CROSS-EXAMINATION AND COMMENTS REGARDING DEFENDANT'S DELAY IN CLAIMING … TO A FAIR TRIAL AND HIS FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS BY THE TRIAL COURT'S PRECLUDING THE ADMISSION OF … alleged in the light most favorable to the petitioner, will ultimately succeed on the merits." R. 3:22-10(b). However, a …
njcourts.gov
… v. Davis, 213 N.J. 396 (2013). A-3593-14T4 3 The State ultimately dismissed the robbery charge remanded for retrial … Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, … REPRESENTATION FROM TRIAL COUNSEL AS A RESULT OF COUNSEL'S COMMENTS SUGGESTING TO THE JURY THE DEFENDANT HAD BEEN …
njcourts.gov
… program that allows defendants to avoid "the stigma accompanying a verdict of guilt to any criminal offense." … "allege and present any facts and materials . . . showing compelling reasons for justifying admission, and … the events of November 30, 7 A-3254-14T1 2012, was ultimately denied after she had been placed on probation. …
njcourts.gov
… condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … a long period of time. Ms. Adams determined the crying was coming from the mother's room and "banged on the door" … sleeping accommodations to ensure his safety, which ultimately resulted in a head injury. Affirmed. … DCPP VS. …
njcourts.gov
… in the written plea agreement, the State agreed to recommend to the court that defendant's prison term not exceed … to argue at sentencing for the minimum term of ten years. Ultimately, the 3 A-4060-15T1 judge at sentencing imposed a … from the proofs at the hearing that defendant was "completely aware of the consequences" of his guilty plea, …
njcourts.gov
… barrage of unruly and unintelligible objections and comments. The judge gave defendant every opportunity to … defendant's clear intent to undermine the trial. The judge ultimately found defendant was going to "continue his … and "abuse the dignity of [the] courtroom and . . . the process." As a result of defendant's conduct during his …
njcourts.gov
… facility staff observed plaintiff walking with a limp and complaining of pain in her leg. The notes in plaintiff's chart from that morning do not reflect any complaints of pain; there were no observations of plaintiff … care were substantial contributing factors that led to her ultimate injury." On August 9, 2016, Judge Susan L. …
default
… DIVISION DOCKET NO. A-2287-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF G.B., SVP-760-16. ________________________ … from the statute. In order to "comport with substantive due process concerns, [the] Court interpreted the third … to accept all or any part of [an] expert opinion[].' The ultimate determination is 'a legal one, not a medical one, …
njcourts.gov
… by the teen victim's mention that she had thought of committing suicide as a result of the over-fifty-year-old … defendant's continuous sexting. Defendant also complains that the judge used an improper aggravating factor … question of law which you will be determining in the case, ultimately. So you may not, in any way, consider that …
default
… DIVISION DOCKET NO. A-2653-16T1 GREENBRIAR OCEANAIRE COMMUNITY ASSOCIATION, INC., a New Jersey Non-Profit … 2017 2 A-2653-16T1 The plaintiff homeowner association's complaint alleges that the defendant-developer violated … alleged to have been doing business as Lennar Corporation – ultimately transferred management to the association. In its …
njcourts.gov
… our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
njcourts.gov
… AND JEOPARDY, FUNDAMENTAL FAIRNESS, 5TH AMENDMENT DUE PROCESS, AND 8TH AMENDMENT UNUSUAL PUNISHMENT. We find … opinion, Rule 2:11-3(e)(2), and add only the following few comments. 5 A-0369-19T1 Our standard of review is limited to … Those decisions, moreover, are inherently subjective, and ultimately must be made by those with experience and …