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A-43-24 Supplemental Appellant Brief
Briefs
njcourts.gov
… to eliminate any proofs that . . . may at some later point” support an insanity defense); 9T 102-3 to 103-25 (discussing … did not have an expert who could testify at trial in support of Arrington’s insanity defense. Defense counsel had … Worlock, 117 N.J. at 602. Criminal insanity is a legal determination, not a medical one. As such, medical expert …
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A-43-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… wrong. Here, defendant killed three people, including two children, and attempted to kill three more. When no doctor … Div. 2024). The Appellate Division found this conclusion “supported by the history and text of the statute” as well … that a lay jury will need assistance in making determinations in areas of specialized knowledge—also informs …
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A-32-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… testimony when there is "a substantial reason" is not supported by the text of Rule 1 :2-1 (b) and is unworkable … involve the presentation of hearsay (so credibility determinations are less crucial), and have no cross … judge is generally more accustomed to making credibility determinations and in a better position to accept remote …
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A-3/4/5-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… a just outcome. In State v. R.D., this Court placed the determination of how to resolve allegations of juror taint … in State v. R.D., 169 N.J. 551, 557-58 (2001), placed the determination of how to resolve allegations of juror taint … valid and immediately interrogate all jurors finds no support in any jurisprudence, state or federal, on the …
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A-0941-22 Briefs
Briefs
njcourts.gov
… calling witnesses, and arguing appropriately to the jury to support his version of events. State v. Fort, 101 N.J. 123, … by actually weighing its credibility -- “a determination that we have consistently held is within the … to prove or disprove any fact of consequence to the determination of the action." State v. Santamaria, 236 N.J. …
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A-0893-23 Briefs
Briefs
njcourts.gov
… had transferred title of the property to the five adult children prior to their deaths but retained a life estate … to sell the Subject Property at a remarkable and unsupported price of $500,000, which was on average $118,000 … when there are genuine issues of material fact. The determination of whether there is a genuine issue with respect …
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njcourts.gov
… conservation restriction area, specifically those documents supporting the project's compliance with the CZM High-Rise … Weehawken." Included with the revised application were new supporting and revised documents prepared by Bohler, … 7:7-15.14) This application contains a single structure supporting two (2) towers, 14-stories in height and while …
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A-0307-23 Briefs
Briefs
njcourts.gov
… 26 B. No Precedent Supports The Holding That Plaintiff Needed To Present An … its administratrix Michelle Jennings, submits this brief in support of her appeal from the Law Division’s orders dated … below, the sole legal argument pursued by defendants, in support of their 2020 and 2023 motions, was that 1 This case …
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njcourts.gov
… that there was substantial evidence in the record to support the grant of the variance relief and the application … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
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njcourts.gov
… VIOLATION. POINT II THE LAW DIVISION ERRED IN ITS UNSUPPORTED RELIANCE UPON THE CREDIBILITY FINDINGS OF THE MUNICIPAL TRIAL COURT AND IN FAILING TO MAKE ITS OWN DETERMINATIONS AS TO THE CREDIBILITY OF TESTIMONIAL EVIDENCE … DIVISION ERRED IN ADJUDICATING [DEFENDANT] GUILTY AS THE DETERMINATION WAS AGAINST THE WEIGHT OF THE CREDIBLE EVIDENCE. …
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A-0344-24 Briefs
Briefs
njcourts.gov
… statements during the phone calls to his parents is not supported by either the facts of the case or case law. … parents. There is insufficient evidence in the record to support the conclusion that the purpose of these phone calls … (2015) (Deference should be given to the trial court for determinations made based on witness credibility). …
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A-3404-22 Briefs
Briefs
njcourts.gov
… litigation fees, were transferred to the Law Division for determination. A429, A1187. Plaintiff moved for summary … submitted a certification of attorney’s fees and costs in support of the claim (A1243). After oral argument (11T, … Mortgage and Note. A1172. Despite the Third Circuit’s determination of loan default/delinquency dating back to 1992, …
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A-3029-22 Briefs
Briefs
njcourts.gov
… 14, 2023, A-003029-22 ii II. The Evidence of Record Supports a Fact-Based Allocation of BASF’s … Opinion and Order”).1 (Pa0091-137). In support of this determination, and as discussed further below, Judge … held that the allocation of BASF’s covered damages and a determination of BASF’s entitlement to attorneys’ fees, costs, …
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A-2668-23 Briefs
Briefs
njcourts.gov
… Da 11-12 State Certification in Support of Opposition to Defendant’s Motion to Suppress, … standing where “the State failed to produce any evidence to support that point”); State v. Gibson, 218 N.J. 277, 296-99 … entitled to any special deference where it rests upon a determination as to worth, plausibility, consistency, or other …
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njcourts.gov
… D. Lee and Jonathan M. Wasser for plaintiff (Fox Rothschild, LLP, attorney). Michael J. O’Malley for defendant … similar letters from various other out-of-state sellers to support its computation of the tax due on its TPT returns. … Branch which upheld the audit.2 Taxation issued a final determination concluding that since the out-of-state sellers …
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A-2794-23 Briefs
Briefs
njcourts.gov
… Da14 Certification of James C. Brady in support of Motion to Compel .............. Da41 … 540, 554 (2019) (quoting Stovall, 170 N.J. at 361). This determination is based on examining the facts available at the … defective.”). However, a reasonable suspicion determination considers the totality of the circumstances and …
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njcourts.gov
… lived, to show her the video and investigate whether her children knew anything about the incident. K.T. questioned … in the Senate race and, according to plaintiff, offered her support to others at HPD seeking to "oust" Chief Zisa … Rather, the "key to the 24 A-0631-21 absolute immunity determination" is "the underlying function that the …
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njcourts.gov
… Basile explained that this result was "very strong support that [defendant was] a contributor to the mixture of … suspicion . . . corroborated by the police that exists to support the [Terry7] stop of . . . defendant's vehicle, the … N.J. 16, 25-26 (2010)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
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njcourts.gov
… I A The new evidence now offered by Kiely and Marzovilla in support of their Rule 4:49-2 motion was not presented until … of court rules whenever necessary “to secure a just determination, simplicity in procedure, fairness in … 3, would certainly have been relevant to the court’s determination that Kiely and Marzovilla went behind Iler’s …
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A-20-24 Amicus Curiae Brief Attorney General
Briefs
njcourts.gov
… that standard, although virtually every case it cites in support has been around for just as long as the cases … notions of consistency with caselaw in other contexts for support. That is not enough. Should this Court hold that … “an intermediate appellate tribunal, bound by the final determinations of our Supreme Court”). Accordingly, we …