-
njcourts.gov
… sentencing." "[T]he absence of such a motion may normally support the finding of waiver under R[ule] 3:16(b)." State … and procedural grounds where trial court made credibility determinations following in camera evidentiary hearing with … the witness's testimony or by shedding light on the determination of a disputed factual issue." Singh, 245 N.J. at …
-
njcourts.gov
… suggestibility is described as follows: [T]he determination [of impermissible suggestibility] can only be … when he testified before the PCR court "to provide further support for his claims of inadequate preparation and … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. Here, defendant fails to …
-
njcourts.gov
… such statements, a "trial court must make a preliminary determination of whether there is independent proof of the … of evidence' independent of the hearsay statements supports the existence of the conspiracy and of defendant's … 404 (b) concerns about other crime evidence. It made no determination as to whether there existed substantial …
-
njcourts.gov
… the specter of potential inconsistent factual and legal determinations, not to mention the arguably wasteful … Supreme Court has expressed three "significant concerns" supporting preclusion under the entire controversy doctrine: … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy and …
-
njcourts.gov
… the bid's contents. The judge found that the record did not support a finding that nondisclosure was warranted to … met. Accordingly, we affirm the judge's 22 A-1527-18T3 determination that N.J.A.C. 7:1D-3.2(c) does not bar … was greater than any interest in nondisclosure and her determination that plaintiff was entitled to access the …
-
njcourts.gov
… and legal; payroll; audit and taxes; R&M; laundry; extermination; grounds; and garbage. R&M was $310,972.62. 5 … included in the R&M. However, there was simply no data to support this assertion. As noted above, the court was not … I&E statements included reserves. Nor can it, without any supporting data, conclude which year’s R&M expense is …
-
njcourts.gov
… procedural frustrations in favor of "just and expeditious determinations on the ultimate merits." [Crescent Park Tenants … 21 A-4567-14T4 not engage in a strained construction to support the imposition of liability.'" Flomerfelt v. … contract without the necessity of obtaining a judicial determination that the insured, in fact, is entitled to such …
-
njcourts.gov
… most favorable to plaintiff from the record submitted in support of and in opposition to defendants’ motion for … (1996); Kelly v. Gwinnell, 96 N.J. 538, 552 (1984). The determination of the existence of a duty of care to avoid harm … have a general duty to exercise reasonable care for the children entrusted to them, the Court proceeded to consider …
-
njcourts.gov
… reliability, irrespective of the court's legal determination that the statement was admissible. Crane, 476 … requirement that the court make a pretrial voluntariness determination does not undercut the defendant's traditional … waiver of rights, regardless of other factors that might support his confession's admission." A.G.D., 178 N.J. at 68. …
-
njcourts.gov
… 11 A-2356-18 court should give "equal deference to the determination of the trial court" when weighing the … statements of opinion by the prosecutor were substantially supported by the video recorded evidence that was played for … factors, including the fact that defendant has two children, for whom he is not the primary caregiver. …
-
njcourts.gov
… 1991)). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and … conviction. The judge provided a statement of reasons supporting his sentencing decision, the sentence is based on … Defendant's criminal record and the facts of this case support a life sentence. 29 A-0899-17T1 We have considered …
-
njcourts.gov
… recommending disbarment. In contrast, the Board’s determinations of appeals from dismissals of ethics grievances and of appeals from Fee Arbitration Committee determinations are final, with no judicial recourse. 2 The … adult day programs, and agency providing job placement, supported employment, and support coordination services. …
-
A-29-23 Amicus Curiae Brief National Tax Lien Association
Briefs
njcourts.gov
… or constable seize defendant’s property (in one case childrens’ clothes and toys) without any notice or ability … is acquired by a private entity, not a government. “[A] determination whether a taking is ‘for a public use’ is … to early hostility to such titles, the policy today is to support them, thereby to aid municipalities in raising …
-
njcourts.gov
… Practice of Medicine Doctrine, N.J.A.C. 13:35-6.16. In support of its claims, Allstate alleges that numerous … but not all, jointly represented defendants. III. "[A] determination of whether counsel should be disqualified is, as … of the complaint." Op. 552, 102 N.J. at 205. The critical determination is whether the jointly represented defendants …
-
njcourts.gov
… that fact, and we are constrained by the trial judge's determination of credibility. In any event, the relationship … courts defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … assessment. Further, we concur with Judge Young's determination that the present situation is distinguishable …
-
njcourts.gov
… ELIGIBILITY FACTOR. c. THE [TRIAL] COURT'S DETERMINATION THAT THE DEFENDANT IS ELIGIBLE, DUE TO HIS … (2019), it asserts subsection (a)(5) requires objective determinations and does not require fact-finding or any … specific provisions of N.J.S.A. 2C:35-14, which in our view support the judge's conclusion that subsection (a)(5) refers …
-
njcourts.gov
… character of the community and the potential for harm to children in the community of Highland Park." The Planning … room for state law to operate[.]" 246 N.J. at 29. The Court supported that determination by quoting the following language from the CSA: …
-
njcourts.gov
… another way, each of Sell's four prongs involves a legal determination as to whether: (1) "important governmental … deference to the trial court's factual findings that are supported by the record and reviewing de novo issues of law. … of federal circuits, that the motion court's legal determinations on a Sell application are reviewed de novo …
-
njcourts.gov
… extent of the rights conveyed by an easement require a determination of the intent of the parties as expressed … "assures the public is excluded." We disagree the language supports plaintiffs' position that their recreation … nor the settlement agreement in the public trust litigation supports that claim. Accordingly, the jury in this case …
njcourts.gov
… or privilege to do so. That is all that is required to support a conviction under N.J.S.A. 2C:18-3(b). State v. …