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- A-71-15 Opinionnjcourts.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 …
- A-5-15 Opinionnjcourts.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 …
- A-10-13 Opinionnjcourts.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 …
- A-26-12 Opinionnjcourts.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-8-12 Opinionnjcourts.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 …
- A-101/106-11 Opinionnjcourts.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 … …
- njcourts.gov… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … not only to principles of property valuation, but to the determination of the true market value of property is … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
- 006903-2020 Opinionnjcourts.gov… tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” Under … a settlement if it is not satisfied that the proofs offered support the entry of a judgment. For that reason, such … . . . Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case.” Watkins …
- 015626-2014 Opinionnjcourts.gov… January 2007, the court affirms the Director’s final determination. The tax imposed for the other years under audit … 11, 2013, a notice of assessment related to final audit determination (“assessment”) was issued which plaintiff … not required to state all possible grounds and theories to support he assessment, and should not be precluded from …
- 013941-2018 Opinionnjcourts.gov… This opinion decides plaintiff’s challenge to the final determination of defendant, Director, Division of Taxation … moved for summary judgment claiming that his final determination should be upheld since the NRDF should be … it is defending against; how else would 8 In its brief in support of its cross-motion, Erez footnoted that the …
- 013380-2018 Opinionnjcourts.gov… contends that (1) the plain language of Subparagraph E supports its methodology wherein the entire amount of an NOL … In a separate Notice of Assessment Related to Final Audit Determination for tax years 2010 and 2011, Taxation found that … credits. Plaintiff protested the refund denial and audit determination to CAB. It argued that the NOL carryover period …
- BER-L-7752-17 Opinionnjcourts.gov… that the expert ‘give the why and wherefore’ that supports the opinion, ‘rather than a mere conclusion.’” … net opinion if the expert “cannot offer objective support for his or her opinions, but testifies only to a … extra required step in Union City for obtaining the rent determination. However, Matovski testified that he made the …
- A-3262-15T4 Opinionnjcourts.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, …
- 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-3436-13 Opinionnjcourts.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 …
- 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 …
- njcourts.gov… does violate 8.4(c). No party has challenged the ACPE’s determination of the second question. The Court granted … 8.4(c). Id. at 2156. No party has challenged the ACPE’s determination of the second question, which is why only the … search engine.” Miko concluded, without offering empirical support beyond the cited surveys, “given the complexity of …
- 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 …