Filters
- njcourts.gov… was also no contact between Allen and Oritani that would support a special relationship. In City Check Cashing, the … 3 An Appellate Division panel reversed the trial court’s determination. It found that the ADS resolution signed by … the statute’s objectives. Accordingly, we reverse the determination of the Appellate Division, and reinstate the …
- OCN-L-2960-14 Opinionnjcourts.gov… caused a flood in the basement. Ultimately a factual determination must be declared as to the extent of damage … outside of the language of the policy to provide further support for the intent of the language when the court is … 211 N.J. Super. 472, 511 A.2d 1278 (Law Div.1986). The determination to extend insurance coverage in Fantis Foods …
- njcourts.gov… of "trust income and principal" to decedent's wife, children, and grandchildren at the "discretion" of "the [co-]trustees." The … clause to be valid. Ibid. Instead, an agreement "supported by mutual assent" was sufficient for an …
- njcourts.gov › edit week 2 appellate calendar… with small minority populations. Despite the scholarly support the CD test enjoys, we are aware of no investigations to either support or refute concerns that CD’s exaggerate levels of … state”; Walters & Curriden 2004, from Dallas, Texas), which supports the idea that a bright-line 10 percent rule …
- M-550-20 Opinionnjcourts.gov… Movants rely on constitutional and statutory bases in support of their requests for relief. Due process concerns … Movants rely on constitutional and statutory bases in support of their requests for relief. We recognize that due … The hearing may be reopened, before or after a determination by the court, at any time before trial, if the …
- A-21-20 Opinionnjcourts.gov… it is closer to Laurick’s core holding. 12 The ACDL supports defendant’s position and argues that Section 26 … consequences of their DWI convictions. The Attorney General supports the State’s position. He argues that granting PCR … General contends that Section 26(b)’s plain language supports subjecting a defendant to the mandatory 180-day …
- A-13-20 Opinionnjcourts.gov… and resentencing. The judge again cited Watts in his determination that “the evidence at the trial support[ed] a conclusion that [Melvin] was the shooter of … the time of her murder, Baker lived in Jersey City with her children and Natassia Hernandez. According to several …
- A-54-19 Opinionnjcourts.gov… Finding that “the totality of the circumstances do not support the conclusion that the defendant was unduly … as a victim was, according to the Appellate Division, supported by the fact that the detectives did not ask … conviction must be reversed. 19 The ACLU, ACDL, and NJDC support defendant’s position and argue that the trial court …
- A-44-19 Opinionnjcourts.gov… and resentencing. The judge again cited Watts in his determination that “the evidence at the trial support[ed] a conclusion that [Melvin] was the shooter of … the time of her murder, Baker lived in Jersey City with her children and Natassia Hernandez. According to several …
- A-27-19 Opinionnjcourts.gov… such a lesser included jury charge. 1. A trial court’s determination of whether to include a charge to a lesser … to jump off the page, it would require the facts here to support a finding that the victim was not threatened in any … 79 (2016). The plain error standard requires a twofold determination: (1) whether there was error; and (2) whether …
- njcourts.gov… 12 CHAPTER 7: SUPERIOR COURT DETERMINATION ............................................... … independent findings of fact, as well as an independent determination of the defendant's guilt or innocence. See State … convicted, and it is his or her appeal. The transcript must support all of your arguments unless you are in the unusual …
- A-2572-18 Opinionnjcourts.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.'" …
- A-3576-14T4 Opinionnjcourts.gov… "was on top of his dying wife when he was scratched" was supported by that doctor's report. Defendant further … response, Mazza explained that he was instructed on those determinations as part of his domestic violence training. … scratches on my client's face that . . . led you to the determination they were defensive wounds?" The State objected …
- A-44-15 Opinionnjcourts.gov… and sought reimbursement for from private parties. Far from supporting the position taken in this action, Ventron … 1991 to allow for contribution actions. Ibid. For further support, the trial court relied on Department of … claims against the State, subject to the Legislature’s determination to satisfy the adjudicated claims. Id. at …
- A-36-15 Opinionnjcourts.gov… them into public servants. Judge Palmer found additional support from federal case law in which private rescue squads … a divided three-member panel affirmed the trial court’s determination that defendant “was not a ‘public servant’ as … fundamental nature of the undertaking” -- the education of children -- is not changed when a private institution …
- A-11-15 Opinionnjcourts.gov… therefore had a constitutional basis to make the stop. To support this premise, the Attorney General refers to Officer … Accordingly, we must respect factual findings that are “supported by sufficient 12 credible evidence” at the … high-beam statute, N.J.S.A. 39:3-60, upon probable cause, supported by oath or affirmation, and particularly …
- njcourts.gov › edit week 2 appellate calendar… Reforms in Other Jurisdictions……………………….. J-1 Attachment K: Supporting Juror Impartiality……………………………… K-1 Attachment L: … to collect voluntary demographic data from jurors to support an empirical assessment of juror representativeness. … information on each stage of the jury selection process to support a comprehensive review of these critical topics. The …
- A-1014-14T3 Opinionnjcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (App. Div. 1997). The trial court must make a preliminary determination of whether there is independent proof of the … independent of the text messages supporting the judge's determination that a conspiracy existed and defendant …
- njcourts.gov… of an out-of-court identification so long as it is supported by sufficient credible evidence in the record. … third-degree offense as of the time defendant faced trial, supporting the fourth factor under N.J.R.E. 609(b)(2). … (1985). We reject this argument. We review a sentencing determination under a deferential standard. State v. Grate, …
- A-0199-23 Briefs Briefsnjcourts.gov… POINT I THERE WAS NO RECORD BEFORE THE TRIAL COURT THAT SUPPORTED OR JUSTIFIED THE TRIAL COURT’S FINDING OF BAD … Resolution. ......26 B. The Finding Of Bad Faith Was Not Supported By The Record Of Conduct After The Settlement … (Pa385) The hearing on AvalonBay’s application for a determination of the amount of attorney’s fees and delay …