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- njcourts.gov… concluded that "substantial credible evidence in the Record support[ed] the Administrator's filing of the Amended First … excluding certain issues from the procedure leaves their determination untested, and creates a risk of error. The … action. In the meantime, barring an excessiveness determination may result in a larger-than-needed burden on …
- STATE OF NEW JERSEY VS. JERMINA LEWIS (13-12-1187, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the search warrant during business hours. The affidavit in support of the search warrant included information that a … by the trial court "provided those factual findings are 'supported by sufficient credible evidence in the record.'" … unjust result. R. 2:10-2. 22 A-5276-16T4 V. Normally, our determination on the arguments raised by defendant would end …
- STATE OF NEW JERSEY VS. AMIE MARROCCELLI (11-06-0380, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… from presenting evidence concerning her driving habits to support her claims she was not driving the [car] at the time … have a tendency in reason to aid the trier of fact in the determination of an issue before it. Without expert testimony … of cumulative evidence.'" Weaver, 219 N.J. at 151. "This determination is highly discretionary." Ibid.; see State v. …
- STATE OF NEW JERSEY VS. ROBERT WARREN (14-09-1558, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… tenders the NOI, but from the date it provides the data supporting the NOI. 422 N.J. Super. 399, 422 (App. Div. … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" (alterations … risk to commit another offense, N.J.S.A. 2C:44-1(a)(3), was supported by the defendant's letter in The first category, …
- njcourts.gov… conditions present at the time of the accident, which was supported by the plaintiff's daughter.2 Witczak cited a City … noted 3 United's motion for reconsideration did not include supporting documents but was still considered by the court. … issue. See Filipowicz, 350 N.J. Super. at 561 (noting determination of the comparative fault of the parties is a …
- njcourts.gov… must be abrupt, the judge found that Morton did not support plaintiff's argument that "general deterioration … an accident. However, the language of the clause did not support that representation. Rather, the clause virtually … and accidental" language were bound by the Court's determination of its meaning. See Champion Dyeing & Finishing …
- STATE OF NEW JERSEY VS. TARI D. TURPIN (14-05-0885, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to the trial court, defendant's affidavit in support of PCR provides: I wanted to testify at trial to … to defend myself, [my female companion], and her two children. I explained this [to] my trial attorney, yet he … on to a PATH train, packed with people. His own two infant children. Was that a gross deviation that resulted in the …
- STATE OF NEW JERSEY VS. ALLEN M. KUNTZ (84-04-0403, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… and imposition of a 144-month FET, finding the decision was supported by credible evidence in the record and not … that the Board provided a sufficient explanation for its determination and satisfied the demands of due process. Id., … built upon prior decisions, which had established that "children are constitutionally different from adults for …
- njcourts.gov… this amount. 10 A-3750-17T2 cases defendant relied upon to support its position "factually distinguishable" from this … his earlier ruling was "appropriate under . . . FELA." To support his decision, the judge relied heavily on the fact … defendant relies on other state and federal cases to support its position. However, these cases are neither …
- njcourts.gov… 192 N.J. 224, 244 (2007), as long as those findings "are supported by sufficient credible evidence in the record," … summation, echoing the first trial court's findings supporting its oral decision to admit the other-crimes … when he was involved in criminal behavior was a factual determination; it did not render the admission of that …
- STATE OF NEW JERSEY VS. DARIUS A. WILLIAMS (17-05-1303, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 42 N.J. 146, 161 (1964)—so long as those findings are "supported by sufficient credible evidence in the record," … to leave a handgun that they observe in a public area for children or others. 13 A-5651-17T4 His recitation of those … Wong Sun v. United States, 371 U.S. 471, 488 (1963)). The determination whether significant attenuation exists to …
- STATE OF NEW JERSEY VS. JAMAL SPEIGHTS (14-01-0046, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of his PCR petition. In his certification filed in support of his PCR petition, defendant stated that his trial … to request an adverse inference charge. The judge's determination that one officer was newly hired and unfamiliar … of the rest of the jury. There is no basis in the record to support defendant's assertion that juror number five was …
- JOHN DEAN, ET AL. VS. LEIGH JAYNES PROVISOR (L-1351-20, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Wrestler LLC, and Chicks Wrestling LLC, established to "support the growth of girls wrestling." On February 1, 2019, … facts that should have been submitted to a jury for a determination as to whether she breached the contract. As the … that resolution of those factual issues is crucial to a determination of whether the stipulated damages clause is …
- njcourts.gov… as moot. In No. A-4689-16, plaintiff appeals the court's determination that his complaint is moot. In Nos. A-4693-16 … Exterior issues included roofing, inferior structural support, deteriorated windows, chimneys, skylights, … appeal is technically moot. Notwithstanding this determination, we observe an important distinction between the …
- njcourts.gov… statement of material facts and provided none of his own in support of his cross-motion. A-5349-16T3 3 invoices … of the language, courts apply the meaning that supports coverage rather than the one that limits it." … his damages. He provided no statement of material facts in support of his cross-motion, and Massachusetts Bay's …
- ANASIA MAISON VS. NJ TRANSIT CORP., ET AL. (L-3535-14, ESSEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… Before trial began, defendants sought the following determinations from the trial court: (1) a finding that … the dismissal of plaintiff's case based on the absence of supporting expert testimony; and (3) a ruling that the … in light of the deference we grant the trial judge's determination, we find no error. B. The Common Carrier …
- njcourts.gov… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … seeking to dismiss plaintiff's complaint against him. In support, Swope submitted various exhibits, including … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- JIM KWON VS. MDTV REALTY LLC, ET AL. (C-000003-14, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… MDTV's prospective economic advantage, finding no facts supporting the claim and concluding MDTV had an obligation … 440-441 (2005))). We agree with the judge's threshold determination that the Woodstone mortgage was a valid and … of the property. We also agree with the judge's determination that Kwon's companies were holders in due course …
- njcourts.gov… there was "enough" of a factual record to make the legal determination, and there was no need for further discovery on … 2015, not July 2017 as her current counsel had claimed. For support, Quest relied on the two letters KMH&L sent on July … determined that plaintiff failed to rebut his earlier determination that the records Dr. 14 A-1923-20 Brickner sent …
- STATE OF NEW JERSEY VS. DARNELL WILSON (13-01-0081, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… order on June 7, 2021, denying defendant's petition. In a supporting oral decision placed on the record on the same … unreasonable and that he ha[d] been . . . prejudice[d]." In support, the judge explained that defendant "was unable to … under the abuse of discretion standard the PCR court's determination to proceed [with or] without an evidentiary …