-
njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … thereafter did he make a statement to police. The record supports the judge's conclusion that defendant's statements …
-
njcourts.gov
… State did not raise any others to the court in its brief in support of the warrantless search. The trial court's careful … section of defendant's reply brief to the trial court in support of his motion to suppress evidence: "In the case at …
-
njcourts.gov
… Brach Eichler from representing the Prassas defendants. In support, Delaney attached a certification and an abundance … 1992)).] The court set forth five factors relevant to a determination whether the moving party seeking … Delaney's adversaries as well as Delaney's possession of supporting documentation he now uses as a sword to …
-
njcourts.gov
… Roodenburg, one of decedent Faith Hursa's six surviving children, appeals from the following orders: three May 26, … are dismissed: Count II: Declaratory Judgment seeking determination that Amy ousted [plaintiff] and owes … for fees based on its conclusion that the record lacked support for her claims, finding: "[W]hile 14 A-4801-17T1 the …
-
njcourts.gov
… and defendant were married in September 2016. They have no children together. Plaintiff obtained a March 20, 2019 … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Id. at 127; accord J.D., 207 N.J. at 476. This second determination, like the first, "must be evaluated in light of …
-
njcourts.gov
… Inc., 477 U.S. 242, 250 (1986)). Assertions that are unsupported by evidence "[are] insufficient to create a … opinions constitute mere speculation, 13 A-3535-18T2 unsupported by competent evidential material in the record. … problem with the handle. Where an expert's findings are not supported by proper factual evidence, it constitutes a net …
-
njcourts.gov
… following background information. Amy has suffered since childhood from a debilitating disease that, among other … Amy resides. Under the ASP Management Trust Agreement, determinations regarding the management of trust assets and … court "clearly applied the wrong burden of proof" is unsupported by any reference to the record or to the words the …
-
njcourts.gov
… gunpowder has been deposited. Muzzle to Garment Distance Determination, Vt. Forensic Laboratory, … https://vfl.vermont.gov/content/muzzle-target-distance-determination (last visited Feb. 25, 2020). If any gunshot … discovery of all evidence that the State has gathered to support its charges. Id. at 252 (citing R. 3:13-3). In …
-
njcourts.gov
… described the crime and characterized the evidence supporting guilt as follows: Nineteen-year-old Elizabeth Ann … considered defendant's age, intellectual disability, early childhood emotional and physical trauma, and substance abuse … convicted of homicide but reaffirmed and expanded its determination in Graham [v. Florida, 560 U.S. 48 (2010)] that …
-
njcourts.gov
… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … was not equipped with code complaint handrails to help her support herself or arrest her fall." After Karen got up, she … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
-
njcourts.gov
… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
-
njcourts.gov
… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …
-
njcourts.gov
… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
-
njcourts.gov
… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … by undue means, nor contrary to law. We find it fully supportable in the record. Policemen's Benevolent Ass'n, 205 …
-
njcourts.gov
… its review, the three-member panel concluded "the factors supporting the denial of parole[] are of such a serious … The Board affirmed the two-member panel's January 3, 2018 determination denying parole and the three-member panel's … assessing [his] case, concur[red] with the Board panel's determination to deny parole." The Board also agreed with the …
-
njcourts.gov
… and pressure redistributing support" to prevent the development and deterioration of … was not required to solely point to an academic treatise to support her opinions and instead may rely on applicable … are genuine issues of material fact that require a jury's determination. Dr. Soiferman acknowledged that decedent's …
-
njcourts.gov
… whether the facts and circumstances shown by the evidence support an inference [of defendant's guilt.]" The jury found … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. Nevertheless, even … persuaded, and our review of the cases does not reveal any support for such a proposition. In Mathis and Terrell, we …
-
njcourts.gov
… or modifications and any attachments, addenda or other supporting documents." 4 A-1984-20 The Terms and Conditions … 216 N.J. 1, stay denied, 216 N.J. 314 (2013). Without a determination of whether this was or was not a prevailing wage … motion, asserting it filed a "reply letter brief in further support" of that motion. As parties are prohibited from …
-
njcourts.gov
… intoxication – even when produced voluntarily – may support a finding that the victim could not consent, we consider the level of intoxication required to support such a finding.6 It is 4 To be sure, the Legislature …
-
2C:16-1a(2)
Charges Document PDF
njcourts.gov
… defendant has the burden of establishing that the evidence supporting renunciation is more likely true than not. … the facts and circumstances reflected in the evidence support any inference; you are always free to draw, or to …