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- A-4363-18 Opinionnjcourts.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 …
- A-2192-19 Opinionnjcourts.gov… [the Board] was unable to complete its eligibility determination and the denial was appropriate." II "Judicial … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
- A-1999-18 Opinionnjcourts.gov… IN THE PAST COULD NOT BE USED AS PROPENSITY EVIDENCE TO SUPPORT THE CONCLUSION THAT HE HAD DONE SO ON THE SPECIFIC … may have been substantial, and the verdict may find strong support in the record; that matters not." Ibid. (citing …
- A-2217-18 Opinionnjcourts.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 …
- A-2267-20 Opinionnjcourts.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 …
- A-2337-19 Opinionnjcourts.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 …
- A-5064-17T3 Opinionnjcourts.gov… of regulation, [which] preserves the Legislature's determination to effect a broad delegation of enforcement … expertise of the agency." Id. at 192. The cases did not support preempting the court from addressing the kind of … or common law claims in Superior Court. Our conclusion is supported by the Attorney General, who, through the Division …
- A-0599-20T6 Opinionnjcourts.gov… or tasks. Many of those involved his new role as the children's primary caretaker, as he had lost his job and his … that his compliance with release conditions for over a year supported further relaxation of the conditions, which he … purpose of this proceeding" as it related to "credibility determinations that must be made by a jury." The court …
- 2C:16-1a(2) Charges Document PDFnjcourts.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 …
- A-0139-18T4 Opinionnjcourts.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 …
- A-0180-18T4 Opinionnjcourts.gov… the Attorney General filed an amicus brief in further support of the prosecutor's arguments, while the Office of the Public Defender filed an amicus brief supporting private defense counsel's opposition.3 The State …
- A-1144-19 Opinionnjcourts.gov… Observation During the Testing Process[.] 3. Credibility Determinations Weigh in Favor of Appellant[.] On appeal, we … 157 N.J. 463, 471 (1999); but our review of legal determinations is plenary, see State v. Handy, 206 N.J. 39, 45 … written decisions both before and after remand, are well supported by the record. The municipal court judge, in …
- A-5819-17T1 Opinionnjcourts.gov… "impressed by the fact that [defendant] ha[s] a loving and supportive family" and defendant "came into court and . . . … application of the estimator variable of distance." In support, defendant relies upon the Supreme Court 's opinions …
- A-5810-17T4 Opinionnjcourts.gov… were awarded $10,822. II. Standard of review. A final determination made by a trial court conducting a non-jury case … that those findings and conclusions [are] 'so manifestly unsupported by or inconsistent with the competent, relevant … court's findings are "considered binding on appeal when supported by adequate, substantial and credible evidence." …
- A-3472-18T1/A-3473-18T1 Opinionnjcourts.gov… in a preliminary statement included in plaintiff's brief in support of its motion for summary judgment in the bankruptcy … is not limited to the formal record in making a privilege determination to minimize the risk a witness will disclose 13 … additional information to permit the judge to make the determination.") (emphasis added). However, all of these …
- A-5122-17T3 Opinionnjcourts.gov… the funds; the court's "order of disposition" was "wholly unsupportable"; and the trial court misunderstood interpleader … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not 10 A-5122-17T3 be disturbed." Pioneer …
- A-3313-15T3 Opinionnjcourts.gov… The parties' likely adversarial relationship tends not to support imposition of a duty. Furthermore, the design of our … concealment action, concluding that evidence did not support a finding of intentional destruction). Here, the …
- A-0840-17T3 Opinionnjcourts.gov… procedural history is necessary to give context to our determination. As noted, plaintiffs' complaint was filed in … pursuant to N.J.S.A. 47:1A-6 and Rule 4:42-9(a)(8). In his supporting certification of services, defendant's counsel … are now moot. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
- A-0551-18T2 Opinionnjcourts.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 …
- A-4071-18 Opinionnjcourts.gov… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …