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- A-0676-19 Opinionnjcourts.gov… the circumstances surrounding the video in making that determination. Defendant raises the following points on … and not by the fact that police have probable cause to support an application for such a warrant." State v. Cotto, … how to treat the video evidence and left the ultimate determination of the facts and credibility of the evidence to …
- A-4604-19 Opinionnjcourts.gov… discovery from the State over the State's objection. In a supporting certification, defense counsel stated defendant … to recommending that he enter into a plea agreement." In support, defendant submitted a draft report authored by … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a …
- A-1687-18T4 Opinionnjcourts.gov… of aggravating factors three, six, and nine were amply supported by the record. Defendant had four prior indictable … from committing the crime of murder. The record also fully supports the judge's finding of no mitigating factors. The … defendant's claim that he acted in self-defense. The record supports the judge's conclusion that defendant did not act …
- A-4855-17T1 Opinionnjcourts.gov… affirm. At trial, the jury considered evidence proffered in support of the parties' varied theories on the cause of the … and invited the jury to speculate, without evidential support, defendant was racing; improperly urged the jury to … of defendant's initial statement to police.9 That statement supported the State's contention that defendant was …
- A-2116-18T1 Opinionnjcourts.gov… THE DEFENDANT OF HIS RIGHT TO A FAIR TRIAL. A. Redmond’s Determination That Irwin Sustained a Gunshot Wound Related To … THE TRIAL COURT FAILED TO FIND MITIGATING FACTORS AMPLY SUPPORTED BY THE RECORD. POINT X. THE MATTER MUST BE … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
- A-7-15 Opinionnjcourts.gov… Brown status conference and the three unrelated JOCs do not support the claim that defendant’s sentence was arbitrary or … the Court accords substantial deference to sentencing determinations and acknowledges the trial judge’s explanation … did not analyze the reasonableness of the sentencing determinations in the three JOCs, in part, because defendant …
- A-5225-16T4 Opinionnjcourts.gov… Lobby, Inc., 477 U.S. 242, 249 (1986)). To make the determination, the trial judge must "consider whether the … 560 (App. Div. 2002). A. We first address the judge's determination that plaintiff could not sustain his burden of … opinion consists of nothing more than "bare conclusions, unsupported by factual evidence." Buckelew v. Grossbard, 87 …
- A-2090-15T2 Opinionnjcourts.gov… — plaintiff filed a motion to reinstate the complaint. In a supporting certification she recounted, for the most part, … forum are required to be "construed to secure a just determination, simplicity in procedure, fairness in … or suppression with prejudice. The motion shall be supported by affidavit reciting that the discovery asserted …
- A-1527-14T4 Opinionnjcourts.gov… THE TRIAL COURT FAILED TO CONSIDER MITIGATING FACTORS SUPPORTED BY THE EVIDENCE, AND IMPOSED A CONSECUTIVE … sister called Powell at defendant's request, an assertion unsupported by the sister's testimony or any other evidence. … and decline to speculate on the reasons for the jury's determination. The only factual assessment required is to …
- A-1578-15T2/A-1579-15T2 Opinionnjcourts.gov… on Atchung Road in Wayne, where they raised their eight children. By 1996, the children had all reached adulthood and left the home. … inquiry is "whether . . . there is substantial evidence in support of the trial judge's findings and conclusions." …
- njcourts.gov… by the trial judge are considered binding on appeal when supported by adequate, substantial, and credible evidence." … to reveal "adequate, substantial and credible evidence" to support these conclusions. Rova Farms, 65 N.J. at 484. Moreover, the judge failed to support his conclusions with "facts and . . . conclusions of …
- #01-14 Administrative Directivesnjcourts.gov… and disposal of records and files of any court or court support office.” The regulation of records by the Court is … (February 6, 2014) Page 9 Guideline #8: File formats must support long-term archiving and ensure the ability to … and reproduce them. Guideline #9: Compression methods must support long-term archiving and ensure the ability to …
- A-1865-16T1 Opinionnjcourts.gov… there was insufficient credible evidence in the record to support Judge Enright's findings that the two warrantless … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … plain view was related to criminal activity "requires a determination of whether the officer had 'probable cause to …
- A-1411-19 Opinionnjcourts.gov… insurance, and that her home was constructed in 1990. In support of those allegations, State Farm submitted Pokhan's … (instructing "a trial court confronted with an evidence determination precedent to ruling on a summary judgment motion … on all of its policies if it was not essential to its determinations of whether to insure or how much to charge in …
- njcourts.gov… insurance, and that her home was constructed in 1990. In support of those allegations, State Farm submitted Pokhan's … (instructing "a trial court confronted with an evidence determination precedent to ruling on a summary judgment motion … on all of its policies if it was not essential to its determinations of whether to insure or how much to charge in …
- njcourts.gov… when (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material … (1995)). Here, the evidence in the record at trial amply supports defendant's convictions. 20 A-1635-20 VI. Finally, … unless (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material …
- njcourts.gov… by compelling them to produce irrelevant documents. In support of this argument, defendants assert that the … financial burden on them. Four amici have filed briefs in support of defendants' positions: Lawyers for Civil Justice, … to prove or disprove any fact of consequence to the determination of the action." 14 A-2031-23 "[D]iscovery is not …
- A-19-24 Amicus Curiae Brief Letter Briefsnjcourts.gov… 2A:15-59.1(a)(1), and the 1995 amendment to the FLS, supported a conclusion that public entities were immune from … from sanctions under the FLS. 190 N.J. at 66. Without 4 In support of its “permissible” interpretation of the FLS as … might, in its discretion, review the trial court’s determination that the Township was immune from FLS sanctions. …
- A-3593-22 – STATE OF NEW JERSEY VS. MICHAEL E. MITCHELL (14-05-0525, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… to commit armed robbery is extensive. The facts that support the armed robbery . . . simply do not fit the charge … State's evidence "was strong and the convictions are well supported." The judge rejected the arguments related to … and assessed for reasonableness, including their determination to perform a limited investigation. State v. …
- A-33-24 Appellant Response To Amicus Brief Briefsnjcourts.gov… thereby eliminating the need for a power of attorney to support the consent of surety. See SFAA Brief at 11 (arguing … of surety, or any other required undertaking, is properly supported by a power of attorney. Additionally, like El Sol … form, this obviates the need for a power of attorney to support the consent of surety. See SFAA Brief at 11 (arguing …