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- A-3594-17T2 Opinionnjcourts.gov… funeral expenses, and to make certain payments to her children. Both Delores and Thomas testified, however, that … Utilizing an abuse of discretion standard for evidentiary determinations, we find none. The record reflects the State … that his convictions of the theft charges were not supported by the evidence because the State failed to …
- A-4013-17T3 Opinionnjcourts.gov… if those were the submissions upon which he relied in support of his arguments. Defendant did not respond directly … defendant to address the factors relevant to its determination in accordance with our Supreme Court 's decision … evaluation, Your Honor. The court also explained that its determination defendant could not represent himself at trial …
- 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-2552-19 Opinionnjcourts.gov… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … to prove or disprove any fact of consequence to the determination of the action." Here, the testimony that the … Defendant relies on a line of out-of-state cases as support for his contention that police testimony about a …
- A-0537-19 Opinionnjcourts.gov… at a youth correctional facility due to his age and family support. The State's brief indicates that defendant is … We believe the trial court's findings of fact and law are supported by credible evidence in the record and we have no … the questions of a defendant may be material in making a determination as to whether defendant has been subjected to …
- A-3945-18 Opinionnjcourts.gov… area surrounding the intersection also included an early childhood development center and Camden High School. … he was familiar with the area. He stated he knew two children were riding on their bikes because when Sarson was … the person shown. But additional evidence in the record supports the judge's decision that defendant's confession …
- A-4408-18 Opinionnjcourts.gov… and "warned later," invalidating his Miranda waiver. He supports this argument by highlighting that the same … he was 22 A-4408-18 confronted with an implied threat his children would be removed from his care and he was not … N.J. 22, 47 (2019). This deference extends to a court's determinations based not only on live testimony but also when …
- A-5177-17T2 Opinionnjcourts.gov… of the original complaint or the certifications filed in support of any of plaintiff's motions. 6 A-5177-17T2 While … plaintiff relied upon discovery obtained in Dugan to support his complaint's factual contentions. Citing to that … that the denial of (b)(2) class certification in that case supports the same result here, we conclude such reliance is …
- 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-3183-22 Briefs Briefsnjcourts.gov… court defers the motion court’s factual findings that are supported by sufficient credible evidence in the record. … (4T24-16 to 29-25) However, the officers failed to provide support for the notion that the neighborhood’s … that the State “must provide at least some evidence to support the assertion that a neighborhood should be …
- 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 …
- njcourts.gov… issue addressed in defendant's initial brief in support of her motion for leave to appeal. 6 We omit … use drug offenses. This reflects the Legislature's policy determination that the need to save lives by encouraging … and "hysteria," when juxtaposed with "physical illness," support our conclusion that an acute condition is not …
- A-0840-22 – STATE OF NEW JERSEY VS. DENNIS K. PARRISH (18-11-1015, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… A.P., testified that she visited defendant with her children the weekend of June 22, 2018, through June 24, … any knowledge, data, personal experience, or training to support that radius," thus resulting in a net opinion. 28 … of discretion. State v. Garcia, 245 N.J. at 430. Such a determination "will only be reversed for manifest error and …
- njcourts.gov… in conflict; by rejecting its argument that RETA and its supporting regulations are in conflict; by improperly … party[,]" and "accept as true all the evidence which supports the position of the party defending against the … defendant contends the Court's reasoning in Sun Chemical supports preemption of the CFA, where, as is the case here, …
- A-3984-22 – STATE OF NEW JERSEY VS. JOMO K. LYLESBELTON (20-01-0092, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … also State v. Brunson, 132 N.J. 377, 393-94 (1993). "The determination of whether the State sufficiently established … to the discretion of the trial judge, and his [or her] determination will not be overturned in the absence of a …
- A-1017-23 Briefs Briefsnjcourts.gov… against a red light. There is no factual basis to support an allocation of 40% of the fault for this accident … totality of the evidence presented at trial simply does not support the conclusion that Kline was negligent or that any … motion in limine, Kline submitted a brief and exhibits in support of a motion for reconsideration of the trial court’s …