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- njcourts.gov… 8 A-4953-17T1 he was resuscitated by advanced cardiac life support. During that time, Aviv was deprived of oxygen. He … the objection, finding it was improper as it lacked the support of expert testimony. He described the proffered … their request for a ruling that the facts here did not support a Scafidi charge. Thereafter, counsel and the court …
- STATE OF NEW JERSEY VS. JAMES C. ZARATE (09-02-0262, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… that none of the Miller factors outweighed the reasons that supported life imprisonment. In recognition of certain … offense was part of Defendant's plan to get revenge was unsupported by evidence and contrary to facts that are not in … could be expanded for good cause. N.J.S.A. 2A:4A-26(d). In support of such a motion, the State had to establish …
- STATE OF NEW JERSEY VS. KIRK J. PUGH (15-02-0127, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
- njcourts.gov… They could have picked out any test they wanted to that supported their arguments, that showed what this was all … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In making this determination, the trial judge "should focus on the logical …
- STATE OF NEW JERSEY VS. ANGEL E. CESAR (16-03-0203, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… relative to the amount of boric acid, this would have supported defendants' argument that S-65 was a "sample … N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1), the determination of whether a defendant possessed cocaine "in a … relied upon those facts in formulating her opinions. In support of his argument that the judge erred by allowing …
- njcourts.gov… while leaving Impact and its shareholders in the lurch." Supported by "the behind the scenes urging" of Salgado and … for all [members] of Impact[.]" We affirm the judge's determination that Mark lacked standing to bring a direct … Fraud Claim Plaintiffs assert they pled sufficient facts to support a claim for common law fraud against the XTech …
- STATE OF NEW JERSEY VS. RAQUEL GARAJAU (17-11-1630, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to commit armed robbery and robbery. These same proofs also supported the felony murder count. 16 A-2807-18 As to the … under the law. R. 2:10-1. There was sufficient evidence to support 21 A-2807-18 the jury's verdict. Thus, no manifest … as well as co-conspirator liability. Indeed, if the facts support liability as an accomplice or a co-conspirator, each …
- njcourts.gov… was a long-term substance abuser who sold drugs to support his habit. Defendant argued that the court should … N.J.S.A. 2C:44-1(b)(3). He claimed the drug sales were to support his habit. 12 A-2572-18 In his sentencing analysis, … in a motion to suppress provided those "findings are 'supported by sufficient credible evidence in the record.'" …
- njcourts.gov… 107 N.J. 416, 426 (1987), Here, the record provided ample support for the court to conclude that PACA's fraud claims … in timely prosecuting claims). As a result, the record supported the court's conclusion that the statute of … with significant water infiltration. Moreover, the record supports the court's conclusion that the Feldman defendants …
- njcourts.gov… The court concluded the Board's findings were well-supported by the record, and its decision conformed with the … "[T]he role of a judge in reviewing a local variance determination is solely to ascertain whether the action of the … interpretation of a zoning ordinance is purely a legal determination, and the determination of a zoning board on the …
- STATE OF NEW JERSEY VS. TYRICE O. BERRY (14-06-1040, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… proofs identifying him as one of the shooters further supports the likelihood that he did not suffer prejudice … of the trial judge, an appellate court is not bound by a determination when the 'particular circumstances present such … (approved Jan. 14, 2013)).] "The trial court's determination as to whether a Czachor charge is warranted …
- njcourts.gov… a search of his car. He contends the affidavit presented in support of the search warrant failed to state that the car … defer to the fact-findings of the trial court when they are supported by sufficient, credible evidence in the record. … denial of the motion to suppress the recorded statement was supported by the credible evidence. Defendant never asked …
- njcourts.gov… are entitled to deference on appeal so long as they are supported by sufficient credible evidence in the record. … issue here, damages, until the court in Canada made its determination on unrelated issues. The core issues in this … v. Sharp Elecs. Corp., 116 N.J. 739, 751-52 (1989). A determination of whether given conduct is improper pursuant to …
- njcourts.gov… to "ensure legal compliance, good faith negotiations, and determination of reasonable payments to [Pritchard] for … closed its schools. Paterson opposed Pritchard's motion, supported by a certification from Superintendent Shafer, and … In this instance, the court was not constrained in its determination of the reconsideration motion by the summary …
- njcourts.gov… such factual findings only if "they are so manifestly unsupported by or inconsistent A-3393-15T4 22 with the … and advisable." N.J.S.A. 12:3-64. The word "extent" supports the interpretation that the DEP has the discretion … acquire only a fee simple. That argument, however, finds no support in the language of the statute. N.J.S.A. 12:3-64 is …
- STATE OF NEW JERSEY VS. DAVID GHIGLIOTTY (17-02-0154, UNION COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… can be made. Thompson at 9-10, 26. "[T]he final determination of a match is always done through direct … to come to a conclusive result" and therefore "couldn't support [Mayer's] opinion." He decided that he needed to … We reject these contentions because the court's contrary determinations were squarely based upon its judgment that …
- njcourts.gov… failure to produce any testimony before the grand jury to support the dates set forth in the indictment."1 The State … The prosecutor argued that the evidence was sufficient to support the counts; and the State was not obliged to provide … relies on a purely legal question . . . we review that determination de novo." Twiggs, 233 N.J. at 532. B. Applying …
- njcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 214 N.J. 303, 322 (2013). We review a trial court's determination of that question de novo. Broach-Butts v. … a duty of care did not arise because nothing in the record supported the conclusion that the apartment complex owner …
- njcourts.gov… [was] not convinced that there [was] enough evidence to support that assertion. The State asserts, "there is a … limited issues presented in this appeal and we make no determination as to whether any of those claims have merit. We … due deference to the municipal court judge's credibility determinations but conducted a de novo trial on the record, …
- Sae Power v. Avaya - Unpublished Opinionsnjcourts.gov… non-moving party’s version of relevant events 3 insofar as supported by competent, admissible evidence. Although the … of the underlying facts pertaining to a choice of law determination is largely conclusory, with each side declaring … present adequate basis on which to render a definitive determination. As Delta bears the burden of establishing that …