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- STATE OF NEW JERSEY VS. JAMES A. STUART (13-09-0949, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… The significance of this testimony is that it could have supported an inference that defendant and Compton had … only briefly and did not dwell upon how the evidence supported proof of either purposeful or knowing murder. She … (2) . . . there [is] a rational basis in the evidence to support a charge on that included offense." State v. Thomas, …
- njcourts.gov… November 20, 2008, precedent was not sufficiently clear to support a conclusion that Detective Steet violated clearly … intrusion upon Brown’s constitutional privacy rights unsupported by genuine exigency to justify the action. Ibid. … immunity to be inapplicable, the panel remanded for a determination of damages against Detective Steet. Id. at …
- STATE OF NEW JERSEY VS. DAVID RICHARDSON(10-10-0860, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… with an intent only to have consensual sex with B.M. is unsupported by any evidence clearly indicating that was the … engage in consensual sex with B.M., as this contention is unsupported and contradicted by the trial record. 17 … defendant's motive, state of mind or intent." The court's determination that B.M.'s texts were admissible under N.J.R.E. …
- njcourts.gov… holds that the trial court’s finding of inadvertence is supported by credible evidence in the record. The Court … court’s finding that the discovery was inadvertent was supported by sufficient credible evidence in the record, and … the inadvertence prong. According to the panel, the record supported the trial court’s finding that defendant’s traffic …
- njcourts.gov… (2015). The interpretation of an insurance contract is a determination of law. Id. at 373. "We afford no special … is subject to two reasonable interpretations, the one supporting coverage will be applied. Simonetti v. Selective … Mut. Ins. Co., 128 N.J. 165, 183 (1992)). Thus, the key determination of whether the "occurrence" requirement is …
- njcourts.gov… their home in Delaware to New Jersey. Plaintiff and her children recall that the day was rainy; plaintiff stated … Appellate Division panel reversed the trial court’s determination on the mode-of-operation rule, vacated the … concurred in part and dissented in part, finding ample support for the mode-of-operation charge in the testimony …
- njcourts.gov… injury and other disciplines, James Raddin, Jr., M.D., supported that contention, opining that plaintiff … judge disagreed. We discern no error in the trial court's determination. In reviewing a trial court's denial of a motion … Inc., 197 N.J. 81, 129-30 (2008) (stating that use of unsupported stereotypes and innuendo can amount to plain error …
- njcourts.gov… justify an adverse inference charge since any facts or data supporting the expert’s opinion must be disclosed in his or … or not an adverse inference should be drawn is for your determination based upon the principles that I have just set … and the Appellate Division reversed the trial court’s determination. Washington, supra, 430 N.J. Super. at 123. The …
- State v. Kelvin Williams - Published Opinionsnjcourts.gov… “I have a bomb” and “Give me the money” was insufficient to support a finding of guilt on the first-degree robbery … judgment of acquittal by “conjuring” negative inferences to support its conclusion that a reasonable person would not … In Hutson, supra, we found the evidence insufficient to support a conviction of first-degree robbery based on the …
- njcourts.gov… to submit while at Ancora. Sufficient evidence exists to support Gormley’s claim that defendants acted with … under the state-created-danger theory. Id. at 440. In support of that theory of constitutional liability, the … S. Ct. 1678, 14 L. Ed. 25 2d 510 (1965); the right to have children, Skinner v. Oklahoma ex rel. Williamso … Lorraine …
- njcourts.gov… for injuries sustained in the July 5, 2007, accident. In support of his claim, James primarily relied upon N.J.S.A. … intent to retroactively apply new legislation, or the determination that a statute is clearly curative, the impact … that impact. Insurers cannot cry foul for the legislative determination to implement a mid-policy alteration for …
- A-0411-16T2 Opinionnjcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (1964)).] We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … blurt out" and was therefore admissible. This determination was reasonable, as illustrated in State v. …
- A-3588-17T4 Opinionnjcourts.gov… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
- A-2901-17T1/A-2926-17T1 Opinionnjcourts.gov… Brewer and Gannon were decedent Leokadia Jenson's only children. Decedent suffered from physical infirmities, … charity." The judge concluded Brewer's theory and the supporting facts "remain tenuous and require great logical … untimely. Our standard of review is deferential. "[F]ee determinations by trial courts will be disturbed only on the …
- A-2209-18 Opinionnjcourts.gov… parties appeared for argument on the severance motion. In support of his application, defense counsel claimed that … stop, absolutely." Therefore, we agree with the judge's determination that the other-crimes evidence was relevant to … knew he had herpes. Thus, we agree with the judge's determination that the second Cofield prong was satisfied. 27 …
- A-1409-23 Briefs Briefsnjcourts.gov… SCHEFFER; JON BLATT; MATTHEW SCOBLE; KATHERINE HARSCAR IN SUPPORT OF APPEAL Richard C. Sciria (Id #03 5 861999) HANLON …
- A-16-24 Appellant Response To Amicus Brief Briefsnjcourts.gov… not a proposition that is in dispute or controversial. In support of the partial summary judgment motion, the … share hospitals with a charity care subsidy supported by a broad-based funding mechanism." Stated more … There is substantial case law and academic writings supporting the recognition of this common law right to …
- njcourts.gov… orders, and "[t]he 12 A-1962-22 undisputed facts clearly support[ed] a determination that [Brad] breached his fiduciary duty to" … were voided; the membership interests of Brad's minor children, James C.B. Conway for $70,000, Granville K. Conway …
- A-3221-23 Briefs Briefsnjcourts.gov… 474 N.J. Super. at 540. Notably, the Ingram Court made no determination on a State constitutional analysis. This remand … To the extent that Johnson, Ford or Wilson can be read to support an argument concerning diminished privacy … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record. …
- A-0737-24 Briefs Briefsnjcourts.gov… the Estate of James Evans ("Appellants") file this Brief in support of their appeal of the Trial Court's decision to … prejudice. Judge Brenner failed to appreciate that the determination of whether an entity is ultimately vicariously … set forth that no evidence has been presented to make a determination on the employment status of any of the medical …