-
njcourts.gov
… 2C:12-1(a)(1) (providing in pertinent part that a person commits a simple assault by recklessly causing bodily injury … under N.J.S.A. 2C:12-1(a)(2), which provides that a person commits the offense by "[n]egligently caus[ing] bodily … instruction on a lesser-included offense "only where the facts in evidence 'clearly indicate' the appropriateness of …
-
njcourts.gov
… 3 A-0973-16T3 but ordered that he submit a DNA sample and comply with Megan's Law, N.J.S.A. 2C:7-1 to -23. The judge … by clear and convincing evidence that, given the particular facts and circumstances of the offense and the … PCR judge noted that the sentencing judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant …
-
8.21
Charges Document PDF
njcourts.gov
… Page 1 of 13 8.21 NONUSE OF SEATBELT INCLUDING ULTIMATE OUTCOME1 (Approved 12/2009; Revised 11/2022) As I told you … Vehicle Safety Standards, all passenger automobiles manufactured after June 30, 1986, must be equipped with a safety … a vehicle with a non-functioning seat belt? If there is a factual dispute whether the available seat belt was …
-
njcourts.gov
… TRAINING, Plaintiff-Appellant, v. KEVIN WALSH, ACTING STATE COMPTROLLER, STATE OF NEW JERSEY, OFFICE OF THE STATE COMPTROLLER, Defendant-Respondents. … Robert Lougy's written opinion. We discern the following facts from the record. OSC is an independent state agency …
-
njcourts.gov
… counsel. The PCR court denied defendant's ensuing motion to compel discovery, finding defendant failed to demonstrate … 1 The court's decision is dated March 28, 2022, and the accompanying order is dated March 25, 2022, neither copy … Dec. 9, 2019), certif. denied, 241 N.J. 159 (2020). The facts are detailed in our prior opinion. Jones, slip op. at …
-
njcourts.gov
… and the Federal Home Loan Mortgage Corporation (Freddie Mac) as defendants. We affirm. We take the following facts from the unusual and incomplete record in this matter. On September 6, 2006, Linda …
-
njcourts.gov
… Inc. appeals from the April 28, 2016 order dismissing its complaint in lieu of prerogative writs seeking the … or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or … 40A:12A-6(b)(5)(b). Planning boards and governing bodies "have an obligation to rigorously comply with the …
-
njcourts.gov
… a January 2, 2020 order denying their motion to dismiss the complaint and compel arbitration. Defendants also appeal … the judge scheduled a plenary hearing to determine "what is factually disputed by the parties regarding [plaintiff] … 5, 2019 and January 2, 2020, the judge made the following factual findings. Plaintiff had various jobs prior to …
-
njcourts.gov
… 2 A-2713-18T3 Defendant appeals the denial of his motion to compel the State of New Jersey to return items that were … other seized items that were not referenced in the complaint: knives, police notepads, a radio, and a baton. In … the motion judge that defendant "is willing to accept the fact that some of these badges could constitute contraband, …
-
njcourts.gov
… period of parole ineligibility. We recounted the salient facts addressing defendant's appeal from the judgment of … allegations, and . . . L.M. said that she first began to communicate with defendant in 2002 over the internet and had … in a prior proceeding only if defendant shows that the factual predicate for that ground could not have been …
-
njcourts.gov
… challenges his conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), and … evidentiary hearing, we review de novo both the PCR court's factual inferences and its legal conclusions. State v. … enough that Brown entered the proposed victim's yard. That fact may have been an element of petty disorderly-persons …
-
njcourts.gov
… PER CURIAM On leave granted, we consider whether plaintiffs complied with the requirements of the fictitious pleading … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan … name of a fictitiously identified defendant, "a crucial factor is whether the defendant has been prejudiced by the …
-
njcourts.gov
… in Camden. On February 25, 2010, the police found two bodies buried in a shallow grave in the back yard of the house … first-degree murder charge to aggravated manslaughter and recommend a twenty-year sentence pursuant to the No Early … co-defendant's trial if she had counsel to advise her. In fact, he noted later in his opinion, that defendant …
-
njcourts.gov
… employer prohibited his return to work. We affirm. I. We commence our review with a discussion of the governing legal … of a public employee's pension is governed by the factors enumerated by our Supreme Court in Uricoli v. Police … bear upon the justness of forfeiture [(statutory or Uricoli factors)]. Of particular relevance here, the Board may …
-
njcourts.gov
… we affirm the grant of the FRO. I. We derive the following facts from the record. The parties were married in April … "Yes, you will. Oh, yes, you will." Plaintiff ceased all communication with defendant, but defendant attempted to … II. Defendant on appeal does not contest the trial court's factual findings. Nor does defendant contest that the court …
-
njcourts.gov
… INSURANCE UNDERWRITERS, INC., d/b/a TRAVELERS INSURANCE COMPANY, Defendant-Appellant, and NYSA-ILA WELFARE FUND, … Because the party at fault was underinsured, Serio filed a complaint seeking to recover the resultant medical expenses … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
-
njcourts.gov
… immigration status. He contends that that violation was "compounded" when the trial court applied the same ruling to … is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) [i]t consists of …
-
njcourts.gov
… the petition that was not ruled upon below. The underlying facts and procedural history are detailed in our unpublished … in question, but claimed he left the premises with a female companion before the shooting and went to another club in … the denial of relief on this issue under the Strickland factors was correct. Similarly, there is no merit to …
-
njcourts.gov
… forced to close his business and then retire. Applying the factors under N.J.S.A. 2A:34- 23(j)(3) to factual findings made at the plenary hearing, the Family … DMCC Services, Inc., that had contracted with two large companies to unload their trucks at 3 A-1184-17T1 …
-
njcourts.gov
… of review requires deference to an agency's findings of fact, credibility determinations and expertise, we affirm. … who conducted the first day of the hearing, a second judge completed the hearing and rendered a decision. 4 A-2854-17T1 … come to the same conclusion . . . but rather whether the factfinder could reasonably so conclude upon the proofs." …