-
njcourts.gov
… appeal, the Court determines whether the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. … that NL Industries, Inc. (NL), which had operated a factory in Perth Amboy that created slag as a byproduct, … or its government of any of its prerogatives, rights or remedies, unless the intention of the legislature to effect such …
-
njcourts.gov
… test, the Court considers whether its admission was accompanied by a sufficient limiting instruction. Immediately … You may consider such evidence, along with all the other factors we previously discussed, in determining the … Evidence is relevant if it tends “to prove or disprove any fact of consequence to the determination of the action.” …
-
njcourts.gov
… determines whether a trial court that has found a defendant competent to stand trial on criminal charges may compel her … conviction on the weapons charges. 1. An important factor in determining whether defendant is competent to … her conviction for those offenses. I. We summarize the facts based on the record of the pretrial proceedings, …
-
njcourts.gov
… the manner in which a trial court should assess the competency of a child witness to testify. In 2009, when M.C. … whether the judge’s own hypothetical misstatement of fact –- that a rectangular book was round -– constituted the … defendant “didn’t do it.” The State called additional fact witnesses and an expert witness on pediatric sexual …
-
njcourts.gov
… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … the apportionment computation uses the CBT allocation factor, “adjustment of the factor may be sought in instances that its application …
-
njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … language to adopt.” See 39 N.J.R. 3780(b) (Sept. 4, 2007). FACTS AND PROCEDURAL HISTORY Plaintiff is an Ohio … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
-
njcourts.gov
… effective defense, to assert the right to confrontation and compulsory process of witnesses, and to due process -- in … whether good cause exists to grant the motion. One factor the court may consider when evaluating good cause is … on remand. The Court expresses no view, however, of the facts of this case or how the trial court should rule on …
-
njcourts.gov
… the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … years in state prison subject to NERA. II. We summarize the facts relevant to this appeal that were adduced at trial. On … procedure subject to the requirements and remedies set forth in A-4644-17T1 31 case law and Rule 3:11. At …
-
njcourts.gov
… solely for the parties who are intimately familiar with the facts, we do not repeat the evidence adduced at the 2008–09 … now raised. In 2000, defendant George Sipko, an experienced computer programmer who emigrated from Slovakia and formed … not limit the equitable power of the courts to fashion remedies appropriate to an individual case." Id. at 382–83 …
-
njcourts.gov
… doorway, she saw a young man in the middle of the street come toward towards the bar door, "and [he] started … YEARS, WITH A PAROLE DISQUALIFIER OF 76 1/2 YEARS, IS A DE FACTO TERM OF LIFE WITHOUT PAROLE. IT WAS IMPOSED WITHOUT … CONSIDERATION OF DEFENDANT'S YOUTH AND ON QUESTIONABLE FACTUAL FINDINGS, IS GROSSLY EXCESSIVE FOR THIS TEENAGER, …
-
njcourts.gov
… NEVER BEEN ARRESTED BEFORE INCORRECTLY FOUND AGGRAVATING FACTOR (2), AND DID NOT PROPERLY CONSIDER DEFENDANT'S … amount of blood throughout the kitchen[,]" the officers, accompanied by the son, went to the basement. The officers … Segeda, and Rodas – testified to substantially the same facts that they recounted at trial, as previously …
-
njcourts.gov
… Div. 1998). I. The parties stipulated to the following facts at the suppression hearing. On August 18, 2013, a … procedures would have been pursued in order to complete the investigation of the case; (2) under all of the … for administrative enforcement and administrative remedies for improper disclosure of student records. See 20 …
-
njcourts.gov
… informant (CI), of kidnapping, robbery and other crimes he committed while posing as a law enforcement officer and … For the reasons that follow, we affirm. I. The salient facts established at defendant's trial are summarized as … actions. 12 Rule 1:6-6 provides: If a motion is based on facts not appearing of record or not judicially noticeable, …
-
njcourts.gov
… upon Rule 4:50- 1(f) to vacate the 2012 FJOD. The court's factual findings made after a plenary hearing clearly … her job, which required extensive reading, writing and computer use, as "sedentary." Defendant participated in the … would not delay the trial and would fashion appropriate remedies as the need arose. The parties' divorce trial started …
-
njcourts.gov
… in part, memorializing its decision in an order and accompanying memorandum. Following the court's decision, the … On leave granted, the State appealed. B. We begin our factual recitation with the suppression hearing that … evidence following a hearing, "we accord deference to the factual findings of the trial court." State v. Scriven, 226 …
-
njcourts.gov
… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson … to defer to the ultimate finding of probable cause when the facts and inferences do not support that conclusion. (pp. … “evasive” and looked as though he might “run,” he gave no factual support for those subjective feelings. In addition, …
-
njcourts.gov
… Div. 1998). I. The parties stipulated to the following facts at the suppression hearing. On August 18, 2013, a … procedures would have been pursued in order to complete the investigation of the case; (2) under all of the … for administrative enforcement and administrative remedies for improper disclosure of student records. See 20 …
-
njcourts.gov
… LLC, d/b/a SIMS METAL MANAGEMENT, WESTERN OIL FIELDS SUPPLY COMPANY, d/b/a RAIN FOR RENT, ACCREDITED ENVIRONMENTAL … Salvage Materials. The value of the Salvage Materials was a factor in the parties' respective rights and duties if NRG … property value. However, we confine ourselves to the facts before us. A-5432-15T3 21 "to remove uncertainty, lack …
-
njcourts.gov
… defendant had sexually assaulted other women, she felt compelled to report what happened to her. Over the next two … Defendant acknowledges in his brief that the first Cofield factor has been met because a defense to a sexual assault is … a logical connection between the proffered evidence and a fact in issue." State v. J.M., 225 N.J. 146, 160 (2016) …
-
njcourts.gov
… both A.F.'s sentence and the June 23, 2017 order. I. The facts are not disputed. In July 2015, A.F. was brutally … a vehicle in her intoxicated condition. She attempted to "come back down from the buzz" by eating before placing her … her successful rehabilitation after the crash, were central factors at sentencing. The court found two aggravating …