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- njcourts.gov… Weaver’s Arguments Defendants Tassev, Levine, and Weaver support the arguments made by Ocean Coast and similarly … retain the cause for all purposes, and proceed to a final determination of the entire controversy and, except where the … of leaving only purely legal issues remaining for determination. . . .”). An equitable cause of action “draws …
- STATE OF NEW JERSEY VS. JEROME HOLLEY (15-04-1111, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a hearing. Defendant does not challenge the court's determination on that issue on appeal. 13 A-1378-16T1 … the merits 15 A-1378-16T1 of defendant's arguments in support of his assertion that the court erred by denying his … conflicting information concerning the dates pertinent to determination of the credits.8 If the court on 7 For the …
- njcourts.gov… acquisition negotiations in a Federal Project and/or determination of the fair market value of the property rights … grounds collectively invoked by the Borough and the DEP supporting their non-disclosure of the draft appraisals. … to acquire the property would be through litigation. To support such litigation, the government had the subject …
- njcourts.gov… 99 (App. Div. 2006). In addition, a trial court's factual determination on a speedy trial issue "should not be … maintains his sentence was excessive, but the record supports the findings challenged on appeal. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
- njcourts.gov… Ed. 2d 241 (2016). We defer to the trial court's findings supported by sufficient credible evidence in the record, … them." State v. W.B., 205 N.J. 588, 602 n.3 (2011). The determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
- njcourts.gov… Thus, Kearny cannot rely upon N.J.S.A. §2C:21-36 to support the Amended Ordinance requiring compliance when … and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly …
- njcourts.gov… as mortgagee foreclosing on a mortgage. Specifically, in support of this proposition, defendant cites to N.J.S.A. … which was held while the instant motion was pending. In support of this proposition, defendant cites Caput Mortuum, …
- STATE OF NEW JERSEY VS. WILLIAM A. MARSHALL (11-06-0593, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 3 A-2974-15T2 suppress hearing when they are supported by sufficient credible evidence in the record." … photographs adduced at the testimonial suppression hearing, supported its conclusion that, although he lived in a house …
- STATE OF NEW JERSEY VS. HANIEF J. JACKSON (13-11-3411, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991), … of the crime is another question of fact for your determination. Mere departure from a place where a crime has … have the same elements; and whether the same evidence would support a conviction on both offenses), certif. granted, 225 …
- njcourts.gov… Plaintiffs first assert there was insufficient evidence supporting the Board's approval of defendant's application … as defined in the MLUL." Price, supra, 214 N.J. at 287. A determination that a property is particularly 5 The two other … determine if defendant satisfied the negative criteria. Determination of the "negative criteria" involves two …
- njcourts.gov… for a waiver of the specialty requirement, based upon its determination that plaintiff's proposed expert lacked active … at least seven doctors refused to become experts not only supports the good faith effort[,] it also calls into … basis in the record to support the trial court's determination that Dr. Caprio lacked "sufficient training, …
- njcourts.gov… AND FAIR DEALING. I. The crux of plaintiffs' argument in support of their claim that the judgment entered should be … of action, a plaintiff "must provide evidence sufficient to support a conclusion that the party alleged to have acted in …
- A-1604-18T3 Opinionnjcourts.gov… seven, her lack of criminal history. We review sentencing determinations under a deferential standard. State v. Grate, … (5), and (9). The court adequately identified the facts supporting each of those aggravating factors. The court then … activity, prior to the [i]ndictment." That finding is also supported by adequate evidence in the record. The trial …
- A-3087-19T2 Opinionnjcourts.gov… Astin was entitled to UIM coverage under the NJM policy. In support of that determination, the judge cited three cases: Arenson v. Am. … tortfeasor does not preclude the insured from seeking a determination that the settling party was not responsible for …
- A-2316-19 Opinionnjcourts.gov… Stephen A. Gravatt, attorney for appellants. Fox Rothschild, LLP, attorneys for respondents (Andrew J. Karas, on … to agree on the amount of the commission"). Because a determination of whether the price was agreed to between the … the elements for acquiring quantum merit relief. In support of their contention, plaintiffs cite the Supreme …
- A-5185-18T3 Opinionnjcourts.gov… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … or other similar devices." N.J.S.A. 59:4-5. "[T]he determination as to the advisability or necessity of a … signage was not palpably unreasonable, and its decision was supported by the limited accident history of the site. The …
- A-2674-17T2 Opinionnjcourts.gov… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
- A-3818-17T4 Opinionnjcourts.gov… Flagrant Violation Of The Recordation Requirements, Did Not Support The Trial [c]ourt's Ruling That The Photo … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … 434, 451 (1972)). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
- A-1860-18T4 Opinionnjcourts.gov… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
- A-3235-18T4 Opinionnjcourts.gov… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …