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- A-2098-17T3/A-2100-17T3 Opinionnjcourts.gov… THE CHARACTER OF DEFENDANTS HANNA AND NAGUIB WERE FACTUAL DETERMINATIONS OF THE TRIAL COURT AND SENTENCING COURT. THE … aggravating and mitigating factors, and such factors are supported by sufficient credible evidence in the record. See … found that aggravating factor inapplicable. Despite that determination, and the judge's finding that application of …
- A-2312-17T2 Opinionnjcourts.gov… violated, where competent and credible evidence does not support the statutory aggravating and mitigating factors, or … finding aggravating or mitigating factors. The record supported his conclusions. The judge's thoughtful 22 …
- A-5051-17T4 Opinionnjcourts.gov… if 1) the defendant establishes a prima facie case in support of PCR, 2) the court determines there are "material … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998)). Such determinations are "best made" at an evidentiary hearing, and "[e]ven a suspicious or questionable affidavit supporting a PCR petition" may not be summarily rejected, …
- A-4169-15T4 Opinionnjcourts.gov… discretion of the trial court, and its 11 A-4169-15T4 determination will not be reversed on appeal unless there has … review, and submit to the court trial transcripts in support of defendant's motion for a new trial. Defendant … new trial, the trial court could only properly make this determination upon review of the record. Therefore, defendant …
- A-2805-14T2 Opinionnjcourts.gov… to state a claim upon which relief may be granted. To support the motion, defendants submitted the certification … on its evaluation of conflicting certifications and its determination that plaintiffs were unable to prove their … harm is the foundational "fact- specific" element in the determination of whether a duty exists. Williamson v. Waldman, …
- A-2161-15T1 Opinionnjcourts.gov… the scapula, which sits along the back shoulder and supports the shoulder blade when a person lifts his or her … as an expert and allowing him to offer opinions. The determination to admit testimony, including expert testimony, … 355 (2005)). If, however, an expert's conclusions are not supported by factual evidence or other data, such testimony …
- Case Management Order No. 16 Orders and Decisionsnjcourts.gov… Postage Charges. A contemporaneous postage log or other supporting documentation must be maintained and submitted … Photocopy. A contemporaneous photocopy log or other supporting documentation must be maintained and submitted. … agreed to and therefore will be bound by the Court's determination on a future common benefit percentage holdback, …
- Order to Exclude Evidence and Testimony regarding the amount of tension Orders and Decisionsnjcourts.govDavid W. Field (00378-1984) LOWENSTEIN SANDLER LLP 65 Livingston Avenue Roseland, New Jersey 07068 973 .597 .2500 Attorneys for Defendant LifeCell Corporation IN RE: ALLODERM® LITIGATION CASE CODE 295 MICHAEL SIMINERI and KAREN SIMINERI, h/w, .J - …
- A-5054-14T1 Opinionnjcourts.gov… He treated defendant and defendant's wife as his own children. The relationship ran the gamut from loud arguments … 540 (2013). So long as the judge's factual findings are supported by sufficient credible evidence in the record, … at 540. Trial counsel, an experienced defense attorney, supported by two experienced investigators, painted a …
- A-2355-12T3 Opinionnjcourts.gov… Fid. & Guar. Co., 256 N.J. Super. 382 (App. Div. 1992), in support of its position. There, plaintiff Greentree was the … n. 5. Universal's insurance carrier, Hartford, appealed a determination that its CGL policy provided coverage, arguing … SIR/deductible is considered to be "no insurance." We find support for NJT's position in Scott v. Salerno, 297 N.J. …
- njcourts.gov… the proximate cause of Deanna's suffering and death. In support of its proximate cause argument, Walgreen pointed … v. Matriss, 55 17 A-3331-20 N.J. 193, 205 (1970). In support of his argument that the pharmacies deviated from …
- A-53-17 Opinionnjcourts.gov… officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. To find … officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. N.J.S.A. …
- A-40-17 Opinionnjcourts.gov… did not violate A.G.D. because, in its view, the record supported the trial court’s finding that Vincenty “was … findings of the trial court so long as those findings are supported by sufficient evidence in the record.” State v. … right against self-incrimination if, when making that determination, they have not been informed of the charges …
- A-34-23 Appellant Response To Amicus Brief Briefsnjcourts.gov… 2 POINT II THE EQUITIES OF THIS UNIQUE CASE SUPPORT PERMITTING APPORTIONMENT … resolution in a single lawsuit, rather than an incomplete determination of comparative negligence in New Jersey, followed by a redetermination of comparative negligence in New York. FILED, …
- A-4812-14T2/A-5222-14T2 Opinionnjcourts.gov… State of the chance to establish a full factual record in support of the warrantless seizure of the handgun, and … and mitigating factors as to each defendant – which were supported by competent, credible evidence in the record – …
- njcourts.gov… then on appeal, the county board of taxation’s value determination, embodied in its final judgment,”. NOT FOR … in this regard; (3) treated plaintiff’s legal pleadings in support of his motion for Freeze Act relief as part of a … review is taken to the Tax Court to review the action or determination of the county board involving real property the …
- Supreme Court Order – Sept. 17, 2024 - Obuch, Richard ACJC Documentsnjcourts.gov… recommendation are attached to this order. The additional supporting documentation in the certified record submitted … 2, 2024; 3. All material exhibits (Exhibits 1 through 8) in support of the tendered removal by consent; 4. Certification …
- njcourts.gov… that the State's circumstantial proofs were insufficient to support defendant's guilty verdicts. However, we agree with … merely be cumulative. Ibid. We rejected the trial judge's determination, explaining that: [W]e are constrained to … to investigate and evaluate his testimony either to support the defense case or reveal conflicts with …
- A-0901-21 - STATE OF NEW JERSEY VS. ELLIOTT WRIGHT TAYLOR (20-12-0940, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… his sentence, his guilty pleas also must be vacated. To support his argument, defendant claims he relied to his … that his factual basis was inadequate. I. The facts supporting defendant's guilty pleas are straightforward. On … right therefore was limited to the judge's downgrading determination. Nor did the State move for leave to appeal to …
- njcourts.gov… fees, contending they were a prevailing party. In support of their argument, plaintiffs contended that the … order . . . that this [c]ourt was bound by, the prior determination of a dismissal which bound this [c]ourt as a … is case-specific, but the court's ruling must always be supported by competent and credible evidence. Jones v. …