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A-2519-23 Briefs
Briefs
njcourts.gov
… are entitled to deference on appeal only if they are “supported by substantial, credible evidence.” Rippon, 449 … v. Norfolk Southern Railway Co., 600 U.S. 122 (2023), in support of a consent-based theory of jurisdiction. Mallory, … demonstrate “sufficient contacts within the state” to support the exercise of general jurisdiction. Da14. But this …
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A-0366-23 Briefs
Briefs
njcourts.gov
… Respondent-Respondent. : COMPLAINANTS-APPELLANTS’ BRIEF IN SUPPORT OF THEIR APPEAL FROM DECISIONS OF THE SCHOOL ETHICS … . . . . . . . . 13 A. THE COMMISSION’S FINAL DECISION WAS UNSUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE IN THE RECORD AND … which stated that Governor Murphy’s pandemic response “on children” “needs to end now!” (Ca228). 5. On January 4, …
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A-0133-22 Briefs
Briefs
njcourts.gov
… submitted a motion for judgment of acquittal which it supported with a brief filed on July 1, 2022. 62a. The State … that he gave inaccurate testimony under oath in support of the above-mentioned theory by incorrectly stating … discretion in imposing punishment following the jury’s determination. State v. Cassady, 198 N.J. 165, 180 (2009). …
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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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njcourts.gov
… argued they each failed to provide a reliable basis to support their opinions that the silicone particulate could … v. Mynster, 213 N.J. 463, 478 (2013). "Preemption determinations are reviewed de novo, as are the issues of … The sufficiency of circumstantial evidence is a factual determination. See Moraca, 66 N.J. at 458. "If the proofs …
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A-24-24 Supplemental Appellant Brief
Briefs
njcourts.gov
… likely to reoffend. Moreover, the record simply cannot support a finding that Mr. Cowan will remain substantially … Cowan was born on January 15, 1968, the youngest of three children. (Ra35, On February 18, 1990, when he was … regulatory, and case law background surrounding the FET determination. Part B argues that the Board’s determination to …
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A-2308-21 Briefs
Briefs
njcourts.gov
… of Frank J. Pace, P.E.A dated September 18, 2006 in support of Reply Letter Brief of Plaintiff Paul R. Porreca … NJDEP Motion to Dismiss this Appeal as Time-Barred and supporting Letter Brief filed on May 16, 2022 … this was because there was no such evidence or other support for the NJDEP’s change in position. Instead, the …
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njcourts.gov
… on March 3, 2022, N.J.S.A. 40A:14-201(a) required a final determination within 180 days from the date of her suspension, … Firemen's Ret. Sys., 143 N.J. 22, 25 (1995). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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A-0260-24 Briefs
Briefs
njcourts.gov
… Letter Memorandum of Law in lieu of a more formal brief in support of the within Defendant-Appellant's appeal. … Defense counsel then made argument to the Law Division in support of Defendant's trial de novo. (T2:4-l 7 to 18-22). … concerns whether an adequate factual basis was obtained to support the plea. State v. Tate, 220 N.J. 393, 404-405 …
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A-2074-23 Briefs
Briefs
njcourts.gov
… APPELLANT’S BRIEF IN SUPPORT OF APPELLANT’S NOTICE OF APPEAL AMENDEDFILED, Clerk … Board of Education f i led two reply briefs in further support of the motion. AMENDEDFILED, Clerk of the Appellate … Greg Wu, and Steven Tichenor f i led their reply in further support of the motion to compel Plaintiff-Appellant’s in- …
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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. …