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- njcourts.gov… cases for trial. The court found "the evidence that would support the [witness tampering] indictment . . . would … case.8 The court's sua sponte actions were founded on its determination that the New Jersey Division of Criminal Justice … but did not deem its absence relevant to defendant's determination to accept or reject the State's plea offer in …
- njcourts.gov… possible diagnosis, where a regular diagnosis would be one supported by evidence. He noted that while some of the … treatments, shall, within [twenty-four] hours after his determination of such fact, report the same to the Director of … "within [twenty-four] hours after [the physician's] determination" that the conditions persist and recur despite …
- njcourts.gov… to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. … 186 (2013)). We owe "no special deference to the judge's determination of [the enforceability of an arbitration … forum—a retired California judge or justice—in a manner supporting a 18 A-3018-18T1 finding there was a meeting of …
- STATE OF NEW JERSEY VS. JOHN P. HARTMAN (12-05-0581, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defense and that it was not the jury's duty to make that determination. Defense counsel requested the court advise "the … "is any reason that you would have any 2 The court's determination that HIPAA precluded defendant's proposed voir … the court nor the State cited to any HIPAA provision supporting the court's determination. 9 A-2498-17T1 …
- njcourts.gov… the damaged part of the road that caused the accident." In support of William's liability assertions against NJT, his … railroad tracks caused William's accident. The judge's determination that Kreuger's testimony was only speculative … defect which caused William's accident is a credibility determination to be made by a finder of fact and not a legal …
- ANDREW J. SHECHTEL VS. DIRECTOR, DIVISION OF TAXATION (TAX COURT OF NEW JERSEY) - Unpublished Opinionsnjcourts.gov… application of the loss on Shechtel's 2010 return. In support of its order, the Tax Court issued a comprehensive … of law. The Division cross-appealed from the Tax Court's determination that it was not entitled to interest or … For the reasons that follow, we reverse the Tax Court's determination as to Shechtel's tax liability and affirm its …
- STATE OF NEW JERSEY VS. ROBERTO C. GRILLO (16-05-0354, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… who lived in the home with his mother, Rivera's three other children, and Vega's two children. After appropriate … changes tack and now argues the search warrants were not supported by requisite probable cause.9 The argument … courts 'accord substantial deference to the discretionary determination resulting in the issuance of the [search] …
- STATE OF NEW JERSEY VS. STEVEN L. BOOKMAN (18-01-0010, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… PROBABLE CAUSE 3. POLICE LACKED REASONABLE SUSPICION TO SUPPORT A TERRY STOP AND FRISK POINT II DEFENDANT'S ALLEGED … 192 N.J. 244. Relatedly, a trial judge's credibility determinations should be upheld if such determinations are supported by sufficient, credible evidence. …
- STATE OF NEW JERSEY VS. RASHAWN BOND (10-03-0288, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… notes. Defendant moved for a new trial arguing the notes supported his duress defense and the State was grossly … The court therefore invokes R[ule] 1:1-2 to secure a just determination, simplify procedure and eliminate unjustifiable … (citations omitted). "Appellate review is limited to a determination of whether the trial court could reasonably have …
- njcourts.gov… not militate such a finding. In Shah's opinion, Gerbig's determination of the town's responsibility for waste on lot 28 … appeal followed. II. When we review a trial court's final determination in a non-jury matter, we do "not disturb the … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
- njcourts.gov… and 4 Mestek has supplied us Steingart's certification supporting the reconsideration motion. But we do not have Atlantic's supporting brief, and no oral argument was heard. We gather … Id. at 1019. For two reasons, the case does not support enforcing Mestek's website terms. First, the …
- njcourts.gov… are required to make an adequate legal argument" in support of the issues they raise. 700 Highway 33 LLC v. … public assembly risk management expert's report, supported a conclusion that the MCIA's exercise of … was made in the face of competing demands and its determination was not palpably unreasonable." The judge found …
- njcourts.gov… contention in Point I and affirm the court's pretrial determination denying defendant's motion to suppress the gun … vehicle on the side of the road closest to defendant. In support, defendant primarily relies on State v. Rosario, 229 … judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. …
- njcourts.gov… every 9-1-1 call that comes in. What I am saying is that in support of our investigation if we find something … to this court, and to the Plaintiff, together with any supporting documents, then another hearing will be scheduled … to get involved with the case and they could make a determination as to whether or not there's any relevancy or …
- njcourts.gov… to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … they owned and netted $175,953.81 from the sale, supporting their claim they had assets. According to Ahmed, … relationship," and their resolution required a determination of the amount of rent owed. The slander …
- njcourts.gov… the RICO claim. We reject, however, the trial court's determination that plaintiffs' common law causes of action … by the enterprise members violated insider-trading laws and support their RICO claim. A-0963-12T1 17 According to … Kynikos and Third Point also sought a choice- of-law determination, arguing New York law both governed plaintiffs' …
- njcourts.gov… (1) Brandon Epstein & Bryce Garreth Westlake, Determination of Vehicle Speed from Recorded Video Using … Detective Epstein directed an assistant to place a height determination board onto the live scene in the exact location … that “a technique that has garnered only minimal support within the scientific community ‘may properly be …
- njcourts.gov… for impeachment constituted error, id. at 437,5 a determination the State does not presently challenge. However, … right to testify on his or her own behalf, are denied. As support, he cites language from Luce v. United States, 469 … The Attorney General supports the Appellate Division’s determination. The Attorney General argues that the Whitehead …
- njcourts.gov… the certifications submitted by plaintiff and Director in support of their respective motions. During all the years in … 2, 2020. On December 16, 2020, Taxation issued a final determination upholding the finding of responsible person … of responsible party but did not appeal the underlying determination of responsible party status or the amount of the …
- STATE OF NEW JERSEY VS. AYONI WILLIAMS (17-08-2129, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… challenge to prove a race- or ethnicity-neutral basis supporting the peremptory challenge. In gauging whether the … court's balancing of aggravating and mitigating factors is supported by competent evidence in the record. State v. … and the existence of credible evidence in the record to support the court 's finding of aggravating and mitigating …