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- A-43-21 Opinionnjcourts.gov… judges can also require appropriate assurances to support a prosecutor’s statement of readiness. In addition, … but conducted no analysis and made no findings to support its ruling. He therefore seeks immediate release … time under the text of the CJRA. The CPA likewise supports the State’s position. It urges the Court to find …
- A-1064-15T1/A-1093-15T3 Opinionnjcourts.gov… 8 Accordingly, we need not consider whether the evidence supported a reasonable inference defendant knew his … the motion court did not err in finding there was evidence supporting plaintiff's claim that defendant owed him a duty … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
- A-4030-14T4 Opinionnjcourts.gov… of the detective." Defense counsel asserted no evidence supported the State's position that T.J. decided on her own … Super. 57, 67 (App. Div. 1979)). Here, the record does not support the State's contention that defendant invited any … theory that T.J. was intimidated by defendant and supported the defense position that her identification was …
- A-5810-12T2 Opinionnjcourts.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. …
- A-0525-18T4 Opinionnjcourts.gov… by sporting groups and persons who partake in or otherwise support such hunting. See, e.g., U.S. Sportsmen's All. … by disallowing recreational bear hunting on those lands. In support of those claims, appellants point to correspondence … in administrative rulemaking in making such a proprietary determination. As an important caveat, Safari Club does …
- 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-0754-15T1/A-0808-15T1 Opinionnjcourts.gov… purposes of coverage. Citing the district court's opinion supporting summary judgment in the underlying action, Group … standard: [I]f, accepting as true all the evidence which supports the position of the party defending against the … faxes promoting the TFM Show to the names on the list. This supported my belief that I had permission to fax the …
- A-2128-15T4 Opinionnjcourts.gov… portion of the judgment regarding the trial court's legal determination on the appropriate measure of damages for … and remand the assessment of trespass damages for a jury determination. Further, we affirm the trial court's denial of … standard: 'if, accepting as true all the evidence which supports the position of the party defending against the …
- A-1132-15T1 Opinionnjcourts.gov… CASE WAS AN ABUSE OF DISCRETION WHERE IT DID NOT BASE ITS DETERMINATION ON THE RULE OF LAW. POINT II THE TRIAL COURT'S … is a 'manifest lack of inherently credible evidence to support the finding,' when there has been an 'obvious 21 … that the jury has made actual fact-findings or reached determinations of guilt or innocence,' there is a concern that …
- A-3528-16T3 Opinionnjcourts.gov… 11:00 p.m. on July 19, 2014, two employees of a children's store, M.D.3 and M.W., left the business after it … We accept those findings of the trial court that are "supported by sufficient credible evidence in 17 A-3528-16T3 … discussed, considered a number of factors in reaching its determination that the proposed identifications were …
- 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-60-20 Opinionnjcourts.gov… remained married until Ingram’s death in 2016. They had two children. In April 2014, the New Jersey State Police … given the extensive evidence presented by the State in support of defendant’s official misconduct convictions. 3 1. … IV. A. We review de novo the Appellate Division’s legal determination that the trial court’s application of the …
- A-54/55-20 Opinionnjcourts.gov… or speculative, the trial court should bar the evidence supporting that claim and enter summary judgment. The trial … The Appellate Division affirmed the trial court’s determinations. We granted plaintiffs’ petitions for … the proper standard, we reverse the Appellate Division’s determination and remand these matters for further …
- MRS-L-1544-21 Opinionnjcourts.gov… that even if the Statute of Frauds did apply, it would not support dismissal here as defendants merely create a factual … evidence, that an enforceable agreement exists. The determination as to whether the Statute of Frauds is … defendants would be asking the Court to make factual determinations at the motion to dismiss stage. Discovery is …
- A-2522-22 Briefs Briefsnjcourts.gov… return receipt to its March 13, 2023 reply brief in further support of its motion. (Da296-303.) Obviously, due to the … taking of depositions, with the acknowledgment that the determination of the Underlying Action was likely to be … State Farm repeatedly expressed its belief that the determination of the Underlying Action was likely to be …