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- STATE OF NEW JERSEY VS. LASHAWN FITCH (09-07-1467, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… conviction and sentence because his arguments are unsupported by the record , the applicable law, or both. 2 All … Moreover, the State's case against defendant was strong, supported by substantial credible evidence. While hearsay is … N.J. 454, 475 (2007). For that reason, a trial court's determination of whether a defendant "knowingly and …
- njcourts.gov… in New Jersey" and that the New York Action sought "a determination of coverage with 10 A-0182-19 respect to three … International, Inc., 406 N.J. Super. 156 (App. Div. 2009), supported dismissal. The court also granted the dismissal … of fairness and comity." Id. at 389-90. A comity determination should be based on a "combination of the special …
- njcourts.gov… reliable. "[T]estimony from [Rodgers] was the vital link supporting the identification. Yet, [Rodgers] destroyed that … at 657. Defendant has waived this issue. Here, the record supports the trial court's determination that L.R.'s out-of-court photo identification …
- STATE OF NEW JERSEY VS. BRIONNE CUFF (17-12-1070, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… committed to the discretion of the trial judge, and his determination will not be overturned in the 13 A-1470-19 … evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … the trial [judge]'s decision so long as those findings are supported by sufficient credible evidence in the record.'" …
- njcourts.gov… EARLY RELEASE ACT WAS MANIFESTLY EXCESSIVE, IMPROPER, AND UNSUPPORTED BY THE REQUISITE YARBOUGH5 ANALYSIS. II. We first … for the trial court's unless," the trial court's determination "was so wide of the mark that a manifest denial … the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 15 (quoting …
- njcourts.gov… factual findings of the trial court if those findings are supported by sufficient credible evidence in the record." … his attorney utilized Jason's statement in summation to support the theory Kirkpatrick assaulted Hessian. And during …
- njcourts.gov… COMBINED WITH [ITS] REPEATED OMISSIONS OF JURY CHARGES THAT SUPPORTED THE DEFENSE VERSION OF THE CASE, EXPOSED THE … not have a criminal record may play no part in a jury's determination of guilt or non-guilt and may play no part or be … long as he clearly leaves to the jury . . . the ultimate determination of the facts and the rendering of a just and …
- njcourts.gov… by John were meritless and lacked all actual and legal support. Thus, finding that defendants' contesting answers … 2019, c. 67, § 2, "bespeak an intent contrary to, and not supportive of, retroactive application." Cruz v. Cent. …
- njcourts.gov… has two sons from a prior marriage. Mr. Krivulka had three children from prior relationships. Lerner, an attorney and … moved to dismiss or stay the Arizona Lawsuit, attaching in support of the motion a version of the March 2016 Memorandum … consolidated both appeals on November 18, 2021. II. "[A] determination of whether counsel should be disqualified is, as …
- njcourts.gov… the FFA. We do not concur with the Appellate Division’s determination that US Bank’s original notice of intention, … balance due on the loan, arguing that this finding “is not supported by a scintilla of evidence in the 16 record.” The … to the trial court. US Bank seeks affirmance of the determination of the trial court and Appellate Division that …
- njcourts.gov… capricious, or unreasonable, or that it lacks fair support in the record.'" Russo, supra, 206 N.J. at 27 … agency's A-5028-14T1 8 interpretation of a statute or its determination of a strictly legal issue.'" Richardson, supra, … relations with his wife or letting his saliva contact his children for six months. Ibid. The doctors were unable to …
- njcourts.gov… his girlfriend (Fields' girlfriend), her daughters and grandchild lived at a residence on Columbia Avenue in Irvington. … asserts several arguments challenging evidentiary determinations made by the trial judge. Specifically, … recognition or this matter. While the evidence perhaps supported a theory that many identifications were mistaken, …
- njcourts.gov… the accuracy of those interpretations, the conversations supported the State's contention that defendant agreed to … to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of …
- STATE OF NEW JERSEY VS. ZARIK ROSE (06-04-0377, GLOUCESTER COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… renew his request to represent himself. In a certification supporting his PCR petition, defendant asserted, "The Court … a PCR court if he or she establishes a "prima facie case in support of post-conviction relief," there are "material … We therefore remand for an evidentiary hearing and a determination whether defendant waived his right to proceed …
- njcourts.gov… would include an explanation of the rationale for its determination. . . . . . . . Regardless of which type of … The scope of review of an administrative agency determination is limited. In re Stallworth, 208 N.J. 182, 194 … to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
- STATE OF NEW JERSEY VS. TREY I. LENTZ (18-07-0971, MONMOUTH COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… decision, provided that those A-4554-18T4 12 findings are 'supported by sufficient credible evidence in the record.'" … factual findings, which are largely uncontested, are supported by sufficient credible evidence in the record, we … 149 (quoting Skinner, 489 U.S. at 619). "In making that determination, the [c]ourt balances the 'intrusion on the …
- JWC FITNESS, LLC VS. PHILIP D. MURPHY, ETC. (L-0388-20, SUSSEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… This interpretation of the Disaster Control Act is also supported when the Act is considered in the context of a … Id. at 298. In the present case, the facts do not support the existence of a compensable regulatory taking, …
- njcourts.gov… the trial court's factual findings unless they are not supported by sufficient credible evidence in the record. Id. … waiver of rights, regardless of other factors that might support [the] confession's admission. [Id. at 68.] In …
- Sae Power v. Avaya - Unpublished Opinionsnjcourts.gov… to the pleadings, conclusory assertions without evidential support, speculative, in- substantial or fanciful factual … developments in discovery that, so it contends, warrant a determination in its favor. However, save for the discussion … States and the relative interests of those states in the determination of the particular issue, (d) the protection of …
- STATE OF NEW JERSEY VS. TERRANCE L. JOHNSON (19-05-1438, ESSEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… have gone and [gotten] them himself; however, I made the determination that I'll go find the paperwork myself. … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … majority found there was sufficient credible evidence to support that conclusion, concluding that "[f]rom the …