-
njcourts.gov
… PM Pg 1 of 29 Trans ID: CRM2024311386 2 opportunity to support its allegations. The State contends that the prior … an expert in “[f]ire investigation and origin and cause determinations,” T37-38, and qualified Dr. Babrauskas as an … sources of information that NFPA 921 identifies for such determinations, including witness information; electronic …
-
A-0823-24 Briefs
Briefs
njcourts.gov
… Please accept this letter in lieu of a more formal brief in support of the appeal of Defendant Roger E. Mejia from the … the trial court's decision "so long as these findings are supported by sufficient and credible evidence in the record" … Motion to Suppress the stop of his motor vehicle. In support of this argument, defense counsel claims "there is …
-
njcourts.gov
… did not rule out a second weapon at the crime scene. In support of admission of the photograph, defense counsel … Gilbert. In addition, defense counsel argued the photograph supported the defense theory that "the police officers did a … to prove or disprove any fact of consequence to the determination of the action." See State v. Williams, 240 N.J. …
-
njcourts.gov
… and come get him. 6 A-1607-22 Timothy Hudson, defendant's childhood friend, testified that in the early morning hours … snippets of information" had been presented that would support a passion/provocation manslaughter charge, citing … State v. Brent, 137 N.J. 107, 117 (1994)). To make that determination, we, like the trial court, must "examine the …
-
A-2342-23 Briefs
Briefs
njcourts.gov
… pled guilty because of the municipal court's determination that a pump house is an occupied building under … N.J. 597 (2011), and State v. Kashi, 180 N.J. 45 (2004) in support of its decision to ignore Mr. Pfeister's conditional … to the facts of Mr. Pfeister, we’re seeking a legal determination as to whether this statute, in its scope as -- …
-
njcourts.gov
… Florence portions of the parcel were complimentary was unsupported. Because none of the testimony "provided a … body or which would justify this Board rethinking the determinations of the Planning Board and governing body that … to itself an authority to second-guess the policy determinations of the governing body. 10 A-1054-23 Like the …
-
njcourts.gov
… his statement. [Id. at 11.] We concluded: [T]he record supports the trial judge's findings that defendant … at 477-80 (identifying factors that "take into account how children are different, and how those differences counsel … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," …
-
njcourts.gov
… trial court's decision should be affirmed because it was "supported by the drafting history of war exclusions" and … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … "A court's interpretation of an insurance contract is a determination of law." Cypress Point Condo. Ass'n, Inc. v. …
-
njcourts.gov
… stated he followed conspiracy theories. There appears ample support in the record for the State's concerns. For example, … and a friend who was a judge "in Norfolk"; she had a "childhood friend that committed minor brushes with the law"; … thus unnecessary for the court to make the credibility determinations and fact findings necessary for resolution of …
-
njcourts.gov
… Dr. Guzzardi did not cite to any articles or studies in support of his opinion, which he stated was based on his … reaction time; he conceded that he could not make those determinations because he did not know how much heroin was in … 31 A-3196-21 whenever a jury is asked to make a liability determination regarding an absent party, regardless of whether …
-
njcourts.gov
… to eliminate stigma for seeking professional and personal support. Sometimes, all the Court’s prevention and … to determine the truth of perceived wrongs by attorneys. To support its own role, the Court created two governmental … reviewed above, the OAE provides legal and administrative support to the more than 600 volunteers who themselves …
-
njcourts.gov
… THE TRIAL COURT IMPERMISSBLY RELIED ON ACQUITTED CONDUCT TO SUPPORT AGGRAVATING FACTORS. The State raises the following … whether those facts add up to probable cause— a legal determination. Cf. State v. Green, 346 N.J. Super. 87, 90-91 … incarcerated. The defendant is single and has four children. The defendant reportedly earned his GED in 2002. …
-
njcourts.gov
… order as we discern no abuse of discretion in the court's determination that appellants had not established numerosity … on three additional occasions: (1) two separate filings in support of its motion for a protective order in October … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
-
njcourts.gov
… so any request for an increase in coverage would have to be supported by "sales figures." On September 26, 2014, Zito … The judge stated further that Elina's certification did not support plaintiff's contention that "Zito made a promise to … v. Albert Lifson & Sons, Inc., 17 N.J. 383, 389 (1955). Determination of whether a duty exists "turns on whether the …
-
njcourts.gov
… Anti Self-Referral Law, N.J.S.A. 45:9-22.4 to -22.9. In support of its claims, Allstate alleges that numerous … including the claims against the non-moving defendants. In support of its orders, the trial court issued three written … PIP arbitration; and (4) canons of statutory interpretation support the position that claims under the Fraud Act and …
-
A-0047-25 Briefs
Briefs
njcourts.gov
… Noah Franzblau, J.S.C. DEFENDANT'S/APPELLANT’S BRIEF IN SUPPORT OF APPEAL DIFRANCESCO, BATEMAN, KUNZMAN, DAVIS, … Counterclaim. The trial court improperly made credibility determinations and acted as a fact- finder in connection with … by Appellant. (Da405) STANDARD OF REVIEW A trial court's determination of a Rule 4:6-2(e) motion to dismiss is reviewed …
-
A-1030-25 Briefs
Briefs
njcourts.gov
… APPELLANT AETNA LIFE INSURANCE COMPANY’S BRIEF IN SUPPORT OF MOTION TO STAY CONTRACT IMPLEMENTATION AND FOR … capricious, and unreasonable. It is well-settled that “a determination predicated on unsupported findings is the … 2004). There is no record contradicting NJT’s original determination that Aetna’s proposal fully meets the …
-
njcourts.gov
… A.R. WAS KIDNAPPED. ii. THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT A KIDNAPPING CHARGE, SINCE A.R. WAS NOT UNLAWFULLY … Later, defense counsel questioned A.R. about whether the children were angry with her and whether the older son was … "[t]he jury was entitled to make highly fact-sensitive determinations in deciding whether [the victim] was confined …
-
njcourts.gov
… punishment was a highly relevant consideration in parole determinations, in addition to the likelihood of recidivism. … connection between the facts in the parole record and the determination that a 200-month FET, instead of a 27- or … FET was not arbitrary, capricious, or unreasonable and was supported by sufficient credible evidence in the record. We …
njcourts.gov
… petition was not time-barred due to excusable neglect. In a supporting certification, defendant averred he was never … imposed and is prepared to provide factual evidence to support it, then sufficient grounds for relaxing the Rule … advising [him] . . . of his rights to a PCR." In support, he asserts the OPD lost his file containing the …