-
A-20-24 Amicus Curiae Brief Attorney General
Briefs
njcourts.gov
… that standard, although virtually every case it cites in support has been around for just as long as the cases … notions of consistency with caselaw in other contexts for support. That is not enough. Should this Court hold that … “an intermediate appellate tribunal, bound by the final determinations of our Supreme Court”). Accordingly, we …
-
njcourts.gov
… D. Lee and Jonathan M. Wasser for plaintiff (Fox Rothschild, LLP, attorney). Michael J. O’Malley for defendant … similar letters from various other out-of-state sellers to support its computation of the tax due on its TPT returns. … Branch which upheld the audit.2 Taxation issued a final determination concluding that since the out-of-state sellers …
-
A-2794-23 Briefs
Briefs
njcourts.gov
… Da14 Certification of James C. Brady in support of Motion to Compel .............. Da41 … 540, 554 (2019) (quoting Stovall, 170 N.J. at 361). This determination is based on examining the facts available at the … defective.”). However, a reasonable suspicion determination considers the totality of the circumstances and …
-
njcourts.gov
… Basile explained that this result was "very strong support that [defendant was] a contributor to the mixture of … suspicion . . . corroborated by the police that exists to support the [Terry7] stop of . . . defendant's vehicle, the … N.J. 16, 25-26 (2010)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
-
njcourts.gov › edit week 2 appellate calendar
… Vicinage Matthew Adams, President ACDL/Partner, Fox Rothschild Eugene J. Caldwell, II, President, Jail Wardens … general has worked as intended, with preventive detention supporting public safety through incarceration of high-risk … to file a motion for pretrial detention, and the judicial determination as to detention; and (3) the prosecutor’s …
-
njcourts.gov
… I A The new evidence now offered by Kiely and Marzovilla in support of their Rule 4:49-2 motion was not presented until … of court rules whenever necessary “to secure a just determination, simplicity in procedure, fairness in … 3, would certainly have been relevant to the court’s determination that Kiely and Marzovilla went behind Iler’s …
-
A-0478-24 Briefs
Briefs
njcourts.gov
… the State’s motion. The State now submits the following in support of its request for reversal of the lower court’s … for consent to search made during a motor vehicle stop be supported by “reasonable and articulable suspicion to … “something less than the probable cause standard needed to support an arrest.” State v. Thomas, 110 N.J. 673, 678 …
-
njcourts.gov
… that there was substantial evidence in the record to support the grant of the variance relief and the application … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
-
A-0941-22 Briefs
Briefs
njcourts.gov
… calling witnesses, and arguing appropriately to the jury to support his version of events. State v. Fort, 101 N.J. 123, … by actually weighing its credibility -- “a determination that we have consistently held is within the … to prove or disprove any fact of consequence to the determination of the action." State v. Santamaria, 236 N.J. …
-
A-3265-22 Briefs
Briefs
njcourts.gov
… to the specific purpose for which it was admitted – to support the profiling theory of the case. According to the … squarely within the prescribed statutory punishment and was supported by appropriate facts and considerations. … that can be tested through the adversarial process to support the reasonableness of the suspicion that led to the …
-
A-0260-24 Briefs
Briefs
njcourts.gov
… Letter Memorandum of Law in lieu of a more formal brief in support of the within Defendant-Appellant's appeal. … Defense counsel then made argument to the Law Division in support of Defendant's trial de novo. (T2:4-l 7 to 18-22). … concerns whether an adequate factual basis was obtained to support the plea. State v. Tate, 220 N.J. 393, 404-405 …
-
njcourts.gov
… on March 3, 2022, N.J.S.A. 40A:14-201(a) required a final determination within 180 days from the date of her suspension, … Firemen's Ret. Sys., 143 N.J. 22, 25 (1995). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
njcourts.gov
… Erred in Finding that The Elements of [Paragraph k] Were Supported by Prima Facie Evidence. C. The [Trial] Court … of facts to the extent it cites the factual basis supporting defendant's guilty plea where those facts were … attorney," must be "on the record" and regard an "adverse determination of any specified pretrial motion." R. 3:9-3(f). …
njcourts.gov
… that the reason for consideration of this factor must be supported by undisputed facts of record or facts found at a … them but he considered them and said . . . the factors that support her denial outweigh . . . those factors, but then we … also not sufficient and defendant has submitted no case law supporting the relevance of this factor. Regarding factors …
njcourts.gov
… defective construction, even absent privity of contract. In support of their CFA claim, plaintiffs alleged that … company at 17 A-2554-23 time of purchase will be factual determinations to be made at trial, not to be considered under … the timeframe when [BDD] performed the work." This determination is reasonably interpreted from "well-established …
njcourts.gov
… "testimony and the facts to which he testified were supported by . . . the audio and video recording taken from" … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … entire exchange occurred in mere minutes, are sufficiently supported in the record and support the judge's conclusion …
njcourts.gov
… (quoting State v. Pineiro, 181 N.J. 13, 20 (2004)). A determination of whether a police officer has reasonable … for high narcotics trafficking activity does not alone support a finding of reasonable suspicion. State v. … 424, 440 (2013), but we concur with the trial court 's determination that Accetturo's resistance to arrest served to …
njcourts.gov
… appeal on March 8, 2019, challenging the trial court's determination that his post-arrest statements to police were … defendant's claims of counsel's deficiencies and failed to support any defenses. The State specifically challenged the … failed to demonstrate prejudice as the record did not support his claim that deadly force was necessary or that …
njcourts.gov
… [b]arred" by the vehicle's warranty and otherwise unsupported by any 7 A-2517-17T1 evidence in discovery; (3) … of the Lemon Law here. We therefore reverse that determination and remand for a trial as to that claim. B. … We disagree. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e). …
njcourts.gov
… the amount of the monetary penalties imposed, and the determination not to revoke or suspend Fisher's insurance … Our scope of review of an administrative agency’s final determination is limited. In re Herrmann, 192 N.J. 19, 27 … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of …