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- 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-4692-18 Opinionnjcourts.gov… We begin with defendant's assertion that N.J.R.E. 803(a)(3) supported playing additional portions of Brennan's recorded … 389, 407 (2017)). The plain error standard requires a determination: "(1) whether there was error; and (2) whether … under Anthony. C. We concur with the judge's determination regarding defendant's request to play selected …
- 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-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-9-12 Opinionnjcourts.gov… FTV because he did not engage in any conduct that could support a finding of equitable estoppel. The panel noted … to allow the parties to present evidence and arguments in support of their claims. Id. § 12600. After the hearing, the … Pittella, 205 N.J. 572, 587 (2011). We review those legal determinations de novo. See Manalapan Realty, L.P. v. Twp. …
- A-4875-18 Opinionnjcourts.gov… 96 N.J. 640, 646–47 (1984). The Court held that this determination "is one that is peculiarly within the competence … inference that the issuance of a warrant by a judge supports the rendering of a verdict"). Importantly, the … must be reversed. Because probable cause is a legal determination, we review the record de novo. S.S., 229 N.J. at …
- Presentment - Diamond, Michael A. ACJC Documentsnjcourts.gov… reviewing all of the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the … such a reference was unrelated to the Foxworth matter. In support of this contention, Respondent argued that Mr. …
- 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 …
- A-48-17 Opinionnjcourts.gov… and weapons offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . … probability of changing the outcome of the probable cause determination.” For that reason, and because defendant had … N.J.S.A. 2A:162-15, -18(a)(1), -19(e)(3). To make that determination, the court can take into account all relevant …
- A-46-17 Opinionnjcourts.gov… alternative, remand the matter to the trial court for a determination of the date on which the Dimitrakopouloses’ … submitted no certification or other proof in support of their contention that they were unaware of their … 16 An appellate court reviews de novo the trial court’s determination of the motion to dismiss under Rule 4:6-2(e). …
- A-48-16 Opinionnjcourts.gov… cognizable under the Civil Rights Act. The record does not support a 1 The board of adjustment typically has the … granted summary judgment because the evidentiary record supported the basis for a violation of a substantive right … nothing “short of an unambiguously conferred right” will support a cause of action under the federal civil rights …
- A-28-16 Opinionnjcourts.gov… defendant fell asleep. Jessie then left to pick up her children from a movie and took them to another house she … four). Before trial, the State sought a preliminary determination of the admissibility of Jessie’s testimony that … not reversible error because “the jury’s verdict is amply supported by overwhelming evidence in the record.” B. …
- 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 …
- 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-99-13 Opinionnjcourts.gov… their home in Delaware to New Jersey. Plaintiff and her children recall that the day was rainy; plaintiff stated … Appellate Division panel reversed the trial court’s determination on the mode-of-operation rule, vacated the … concurred in part and dissented in part, finding ample support for the mode-of-operation charge in the testimony …
- A-69-18 Opinionnjcourts.gov… damages. The New Jersey State Bar Association fully supports defendants’ position that the TCA applies to claims … plain language of the statute, we note that extrinsic aids support our conclusion. The California Tort Claims Act, on … We find his reliance on Ayers unsound and his argument in support of a new category of damages in legal malpractice …
- A-67-18 Opinionnjcourts.gov… a sufficient basis from which the jury could infer it supported the State’s case against defendant.” In light of … created through reference to the anonymous woman. In support of defendant’s position, the Public Defender adds … Gannon, when she heard screams from upstairs where her twin children were sleeping. 182 N.J. at 343. An intruder sucking …