njcourts.gov
… the State dismissed the indictment and issued a summons-complaint charging defendant with simple assault, N.J.S.A. … decision, the municipal court judge applied the forfeiture factors outlined by the Supreme Court in Flagg v. Essex … court. However, the Law Division judge reexamined the Flagg factors and concluded "that an overwhelming majority of …
njcourts.gov
… the Law Division on January 25, 2019, which required NMC to comply with an order entered by the court on September 28, … as defined in the PSA and the regulations, and "[the] raw factual information" concerning the plaintiff's treatment … had not objected to production of the "raw underlying factual data" pertaining to the plaintiff's treatment, but …
njcourts.gov
… WHITE, Plaintiff-Appellant, v. RICARDO A. OCAMPO and RO COMPLETE SOLUTIONS, CORPORATION, Defendants-Respondents. … as a net opinion, this chiropractic report. Taking all facts, most favorable to the non- moving party, this [c]ourt … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
default
… the interior of the car.1 Because the officers did not completely search the interior of defendant's car before … driving following a traffic stop. We derive the following facts from the testimony presented at the suppression … Failed to Articulate Its Reasons For Finding Aggravating Factors Three and Nine[.] B. The Court Sentenced [Defendant] …
default
… 1 N.J.S.A. 2C:43-7.2 is the No Early Release Act, commonly referred to as NERA. 3 A-4289-19 four-year prison … II THE COURT'S IMPROPER FAILURES TO ADDRESS MITIGATING FACTORS AND CONDUCT A YARBOUGH[3] ANALYSIS RENDER … the law permitted him to search the car based on his olfactory perception of marijuana. Noting "it wasn't a strong …
default
… intoxication defense and in double counting an aggravating factor while imposing the sentence. Because we conclude, and … the State concedes, the court erred in applying aggravating factor eight, we remand for a new sentence. We affirm the … defendant leaving a store without paying for two bed comforters, the officer contacted police to report the …
default
… and a .357 Magnum Herman Weihrauch revolver, during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) and … remaining counts were merged. The court found aggravating factors three, six and nine and mitigating factor eleven that imprisonment of the defendant would …
default
… his sentence in the third-degree range violates the ex post facto clauses of the United States and New Jersey … I. In 2003, Cicalese became subject to Megan's Law and community supervision for life as part of his sentence for … law-enforcement agency 1 The record does not disclose the facts of the parole violation and the reasons for his …
default
… that denied his motion to terminate his obligations under Community Supervision for Life (CSL),1 N.J.S.A. 2C:43-6.4, … 24, 2020 and July 16, 2020 written decisions. The salient facts are generally undisputed and are summarized from the … appeal that the judge was wrong about her observation. In fact, as mentioned infra, registrant claims the judge should …
default
… or disproportional. We affirm. I. A. We summarize the facts of this case from our prior opinion on defendant's … and Poole went outside to smoke. According to Sears, his companions shared a cigar filled with marijuana rather than … State v. Moran, 202 N.J. 311, 326 (2010). However, the fact that defendant has a lengthy sentence does not mean it …
default
… sentence of life without parole he was already serving. The facts relevant to the charges are not relevant to our … should about the charges, creating "an inference that [he] committed [the crimes] . . . ." He also claimed he … that as it may, you can smirk as much as you want, but the fact of the matter is that, I have to make sure there is a …
njcourts.gov
… Although coffee shops are allowed in the pertinent Community Commercial ("CC") zone in Medford, the zoning … I. Since we are remanding the case, we need not detail the facts and procedural history at length. The following … that boards of adjustment and municipal governing bodies will act fairly and with proper motives and for valid …
default
… Defendants, ______________________________ LOMURRO, MUNSON, COMER, BROWN & SCHOTTLAND, LLC, Respondent. … sought to avoid the creation of that very fund. In fact, we see no equities at all that favor the payment of … sentiment, but our holding is further buttressed by the fact that the circumstances are far different from Lott, …
default
… June 2018, OEMS conducted an audit of AmeriCare's overall compliance with applicable regulations as well as an … AmeriCare was required to exhaust its administrative remedies and on July 16, 2019, entered an order memorializing A- … an individual's vital constitutional rights," on the satisfaction of the notice requirement. Id. at 614. The United …
default
… the Appeal Tribunal that denied his claim for unemployment compensation. We affirm. I. Haley was employed as a … states. Haley argues the Board relied on legally irrelevant factual assumptions not supported by the record. Amicus … 85 N.J. Super. 46, 52 (App. Div. 1964)). "[A]ll relevant factors" are to be considered in this analysis. Utley, 194 …
njcourts.gov
… to confrontation; (3) erred when it applied aggravating factors three, nine, and fifteen and ordered mental health … 2022, Alice obtained a TRO against defendant, alleging he committed criminal mischief and harassment when he followed … of a TRO. At sentencing, the court considered aggravating factors three, risk of another offense, N.J.S.A. 2C:44- …
njcourts.gov
… the kind stolen from the gas station. They then obtained a communications data warrant to search the contents of the … COURT'S FAILURE TO INSTRUCT THE JURY ON THE RELIABILITY FACTORS IT SHOULD HAVE CONSIDERED WHEN ASSESSING THE … of the laptop, and failing to argue for mitigating factors at sentencing. On March 4, 2020, the first PCR court …
njcourts.gov
… 3 A-0310-23 7(b)(1), second-degree transporting a manufactured firearm without a serial number, N.J.S.A. … stopped and searched.1 We need not address in detail the facts surrounding the initial stop and search as it is not … provide access to the firearms in the under seat storage compartment. [(Emphasis added).] 7 A-0310-23 Upon securing …
njcourts.gov
… is Aid and Attendance; establish and fund a Qualified Income Trust (QIT), if their combined income was above $2,772 … same is true "where an agency rejects an ALJ's findings of fact . . . ." Ibid. (citing H.K., 184 N.J. at 384). III. … excluded during the initial eligibility determination. The fact that DMAHS also uses this information to determine …
njcourts.gov
… briefs. PER CURIAM Defendant Walter Tormasi appeals the outcome of his "look-back" remand sentencing hearing conducted … N.J. 359 (2022), arguing the court misapplied the Miller1 factors and erroneously failed to consider the aggravating and mitigating sentencing factors per N.J.S.A. 2C:44-1(a) and (b). For the reasons …