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- A-4243-17T1 Opinionnjcourts.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. …
- A-3772-16T4 Opinionnjcourts.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, …
- A-5276-16T4 Opinionnjcourts.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 …
- A-5156-15T4 Opinionnjcourts.gov… to represent defendant and filed an amended petition and a supporting 5 A-5156-15T4 certification of defendant. The … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
- A-1380-14T3/A-1781-14T3 Opinionnjcourts.gov… date, in 2008, we affirmed the Law Division judge's determination, holding, [W]hen property increases in value … 9 A-1380-14T3 This court further held: 1) The court's determination to deny interest for the period prior to … defer to the factual findings of the trial judge that are supported by adequate, substantial and credible evidence in …
- A-3621-21 – STATE OF NEW JERSEY VS. ALBERT FRENCH (2-A-2021, HUNTERDON COUNTY AND STATEWIDE) Opinionnjcourts.gov… court found that defendant had not presented evidence to support his argument that he was returning from work at the … de novo. The court deferred to the credibility determinations made by the municipal court judge. See State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-0393-21 - STATE OF NEW JERSEY VS. DARNELL WILSON (13-01-0081, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- 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. …
- njcourts.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 …
- njcourts.gov… controlled which circuit. These undisputed facts fully support the court's finding that "HGB knew of the condition … design and construction. Ibid. With respect to our determination defendant did not owe plaintiff a duty to … box, plaintiffs argue that knowledge "does not change the determination that [HGB Realty 2] owed a duty of care, nor is …
- A-2296-21 – STATE OF NEW JERSEY VS. PATRICK D. VERMILYEA (18-08-0487, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… factual findings" and uphold them so long as they are supported by "sufficient credible evidence in the record." … other evidence in the record beyond the cigarettes to support the trial court's conclusion that Officer Royce had … of the other specific and articulable facts. 16 A-2296-21 supported Officer Royce's reasonable suspicion and provided …
- njcourts.gov… you are the sole judges of the facts in this matter. Your determination of the facts must be based solely upon the … won’t he let anyone check it? What is he hiding? I fully support this case to make sure the superintendent follows … concentrate and for teachers to do their jobs. That’s why I support using an AI system to help enforce our school’s …
- njcourts.gov… was nothing in the evidence direct or extrinsic that supported the contention that Francesco intended that Carol … and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the …
- njcourts.gov… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, 221 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. … court's discretion"). Here, the record was sufficient to support the preclusion of plaintiff's medical expert without …
- njcourts.gov… said she was fortunate to have two houses. She had two children. She was going to ask her son which house he wanted … is this about houses. Truth is, she has two houses and two children. She told me she asked you what house you wanted … that findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
- njcourts.gov… event, he contended the totality of circumstances did not support the stop because the CI's tip lacked veracity or a … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … activity, we cannot 19 A-0450-22 make an independent determination of whether that conclusion was reasonable." Id. …
- njcourts.gov… to provide adequate findings of fact and conclusions of law supporting its decision. Rule 1:7-4(a) requires that "[t]he … guaranteed a commercial loan that was not paid. These determinations complied with Rule 1:7-4. Affirmed. … GAIL …
- njcourts.gov… substantially for the reasons set forth by Judge Turula in support of his order on October 6, 2023. We simply add that …
- STATE OF NEW JERSEY VS. DA'RON D. HOWARD (14-05-0378, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… arguments requested by the defendant that the record will support," and "[i]f [the] defendant insists upon the …