Filters
- A-2310-22 Briefs Briefsnjcourts.gov… reconsideration of its pre-trial rulings was neither supported by good cause nor in service of substantial … exceeds 60%. Thus, the practical significance of this determination was that, notwithstanding Dr. Goldsmith’s … Burt defendants-they only disputed the soundness of that determination by the trial court. (3T39) (“Judge, once again, …
- A-3780-23 Briefs Briefsnjcourts.gov… many of the factual findings made by the trial court are unsupported by the record and thus, the facts of Smart are … court’s factual findings are clearly mistaken and are not supported by the record, and that the trial court erred in … trafficked highway. Additionally, the record did not support the trial court’s finding that there were numerous …
- A-0079-24 Briefs Briefsnjcourts.gov… within the scope of Equinox’s arbitration agreement. In support, the trial court relies on Goffe v. Foulke … “Dispute” (Ja37) nullifies arbitration in Plaintiff’s case supports this premise. In Goffe, 238 N.J. at 195, the New …
- A-3048-22 Briefs Briefsnjcourts.gov… for post-conviction relief (PCR). (Da 53 to 54). In support of the petition, Charlotte J. Ward, Ph.D., … required if a defendant has presented a prima facie case in support of PCR, an evidentiary hearing generally should be …
- A-1038-22 Briefs Briefsnjcourts.gov… “consistently held that all forms of homicide rationally supported by the evidence, whether they be lesser- included … mental health disorder to be admitted at trial when it supports negating an essential mental element of a …
- njcourts.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 …
- A-2634-22 Briefs Briefsnjcourts.gov… LEGAL ARGUMENT I. STANDARD OF REVIEW A lower Court’s determination of the applicability of OPRA should be reviewed … in the requested e-mail addresses, primarily basing its determination on the fact that Nixle’s Terms of Service and … can be accomplished without the requested list. In further support of the City’s position that OPRA’s privacy provision …
- njcourts.gov… she found in the apartment. She got a ride home from the children's sitter around 8:00 a.m. Later that day, Sara and … that night. She stated the jury would "have to make a determination whether or not [defendant] was . . . an active … PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION BY OFFERING UNSUPPORTED TESTIMONY THAT FILLED A MAJOR HOLE IN HER CASE, …
- njcourts.gov… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 15 (quoting … of the Rape 31 A-0532-22 Shield Law. Id. at 236-37. "The determination of whether evidence of a victim's prior sexual … on the victim's shorts, claiming it was relevant to support his theory of either consent or third-party guilt. …
- A-1964-23 Briefs Briefsnjcourts.gov… cross-motion for summary judgment and in further support of Respondent’s motion for summary judgment. … enforcement of the trial court’s Order pending the determination of this appeal, and (2) prohibiting Respondent … court nevertheless proceeded with a summary judgment determination, without affording Appellant the opportunity to …
- A-0713-23 Briefs Briefsnjcourts.gov… permit and has not shown any legislation in our history to support its argument. AMENDEDFILED, Clerk of the Appellate … Faith and Credit Clause. Her contrary arguments find no support in case law, contradict decisions of the U.S. …
- A-2924-23 Briefs Briefsnjcourts.gov… findings ‘unless . . . convinced they are so manifestly unsupported by or inconsistent FILED, Clerk of the Appellate … Default Judgment, Diana provided a sworn Certification and supporting documentary evidence showing his address at the … prong, coupled with the court making improper credibility determinations on the motion record.” No. A-2809-20, 2022 N.J. …
- A-2905-23 Briefs Briefsnjcourts.gov… search. (2T 81-15 to 82-5) But the stop of Pearson was not supported by individualized suspicion of any kind—merely … case repeatedly acknowledged that there were no facts to support any individualized suspicion that Pearson had …
- A-3416-22 Briefs Briefsnjcourts.gov… Appellate Division, September 23, 2024, A-003416-22 -19- supported by the record, the court’s order denying … were without merit. The court’s findings are amply supported by the record and, thus, they should not be …
- A-1826-23 Briefs Briefsnjcourts.gov… 16 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325 (App. Div. … is de novo, “affording no deference to the trial court’s determination.” Pace v. Hamilton Cove, 258 N.J. 82, 95–96 … clerks or stenographers. There is nothing in the record to support that factual comparison. To the contrary, under R. …
- njcourts.gov… junk science, but found that defendants' arguments were not supported by case law, and as a trial court, it was not in a … or slower speeds. In short, the judge rightly endeavored to support the jurors in their manifest and conscientious …
- njcourts.gov… junk science, but found that defendants' arguments were not supported by case law, and as a trial court, it was not in a … or slower speeds. In short, the judge rightly endeavored to support the jurors in their manifest and conscientious …
- njcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … which we owe no special deference. We likewise deem the determination of the constitutional boundaries of an … . . . than the scope of a search authorized by a warrant supported by probable cause." Id. at 823. Obviously, a …
- njcourts.gov… Justice Institute (NJCJI), appearing as amicus curiae, supports defendants’ arguments. NJCJI argues that imposing a … the same standard that governed the trial court’s determination. Samolyk v. Berthe, 251 N.J. 73, 78 (2022). … we owe no special deference to the trial court’s legal determinations. DeSimone v. Springpoint Senior Living, Inc., …
- A-2975-23 Briefs Briefsnjcourts.gov… onto Plaintiffs’ Property which should have precluded a determination that Plaintiffs engaged in frivolous litigation. … whether or not there’s gonna be discovery that’s going to support some of the things that they’re saying… 1T Hearing, … production, Fralinger argued that “[t]here is absolutely no support for any ‘common knowledge’ negligence claim against …