Filters
- A-1865-16T1 Opinionnjcourts.gov… there was insufficient credible evidence in the record to support Judge Enright's findings that the two warrantless … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … plain view was related to criminal activity "requires a determination of whether the officer had 'probable cause to …
- A-5300-15T1 Opinionnjcourts.gov… uphold a trial court's factual findings so long as they are supported by sufficient credible evidence. State v. Hinton, … as alternative relief, and there is some precedent that supports a remand in cases – and I do not suggest this is … its case on the police report and the majority's implicit determination the current record does not justify the "search" …
- A-1331-16T3 Opinionnjcourts.gov… no proof of that fact in the record, other than her unsupported statement. 9 A-1331-16T3 Eisen that she maintained … September 20, 2016, plaintiff filed for reconsideration. In support of her motion, plaintiff filed her attorney's … alone were not the fully integrated agreement." In support of her argument, plaintiff 14 A-1331-16T3 relies …
- A-1578-15T2/A-1579-15T2 Opinionnjcourts.gov… on Atchung Road in Wayne, where they raised their eight children. By 1996, the children had all reached adulthood and left the home. … inquiry is "whether . . . there is substantial evidence in support of the trial judge's findings and conclusions." …
- A-1991-15T1 Opinionnjcourts.gov… and LRG, or against LRG alone. The court found that any determination of this issue was subject to a piercing the … condominiums, thereby creating a "legacy" for his children and grandchildren. LRG remained inactive until … defendant. And so it's clear to me that the notes are not supportive of the notion that the corporate veil pierced; …
- A-0853-15T1 Opinionnjcourts.gov… TO A DRIVING ABSTRACT IS FOR SENTENCING, NOT FOR A DETERMINATION OF GUILT. We have considered these arguments in … 200 N.J. 547 (2009). Moreover, there is no authority to support the municipal court and Law Division judges' … added).] 15 A-0853-15T1 Both judges concluded the evidence supported a conviction for obstruction by "means of any …
- A-1527-14T4 Opinionnjcourts.gov… THE TRIAL COURT FAILED TO CONSIDER MITIGATING FACTORS SUPPORTED BY THE EVIDENCE, AND IMPOSED A CONSECUTIVE … sister called Powell at defendant's request, an assertion unsupported by the sister's testimony or any other evidence. … and decline to speculate on the reasons for the jury's determination. The only factual assessment required is to …
- A-2090-15T2 Opinionnjcourts.gov… — plaintiff filed a motion to reinstate the complaint. In a supporting certification she recounted, for the most part, … forum are required to be "construed to secure a just determination, simplicity in procedure, fairness in … or suppression with prejudice. The motion shall be supported by affidavit reciting that the discovery asserted …
- A-1604-20 Opinionnjcourts.gov… potential and the fact that SSDI benefits would help support Jerry. Sam submitted an opposing certification. … directing that all of her counsel fees be paid by Sam. In support of his argument, counsel relied on Yueh v. Yueh, 329 … disrupted co-parenting efforts; (2) the Family Part determination that Dana had interfered with Sam's parenting …
- A-2286-21 Opinionnjcourts.gov… (driving while intoxicated) case for lack of foundational support, and the State did not move for leave to appeal that … a stranger to the locality, the opportunity to seek a redetermination by a court at a higher level without the risk of … that even if it could consider the Alcotest evidence supporting a per se DWI offense, DeBonis prevented it from …
- A-0676-19 Opinionnjcourts.gov… the circumstances surrounding the video in making that determination. Defendant raises the following points on … and not by the fact that police have probable cause to support an application for such a warrant." State v. Cotto, … how to treat the video evidence and left the ultimate determination of the facts and credibility of the evidence to …
- A-4604-19 Opinionnjcourts.gov… discovery from the State over the State's objection. In a supporting certification, defense counsel stated defendant … to recommending that he enter into a plea agreement." In support, defendant submitted a draft report authored by … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a …
- A-0991-20 Opinionnjcourts.gov… 12 A-0991-20 A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … N.J. 114, 125-26 (2007). Post-crime consciousness of guilt supports "a logical connection 14 A-0991-20 to a desired … of a consciousness of guilt[,]" but need not "unequivocally support a reasonable inference" of the defendant's guilt. …
- A-5077-08 Opinionnjcourts.gov… him. Former Trooper Lisa Bortz submitted a certification in support of plaintiff's opposition to summary judgment … ruled that other counts of plaintiff's complaint were not supported by the available evidence or that the statutory … Cardenas, supra, 269 F.3d at 263. But the evidence does not support his allegations that the conditions at the Netcong …
- njcourts.gov › edit week 2 appellate calendar… you are the sole judges of the facts in this matter. Your determination of the facts is to be based solely upon the … told they could not do the same thing. I wanted to show my support for the swim team but also wanted to show that girls … finish. Although Jenna’s bald head was not my idea, I do support her right to wear this style to school if she wants …
- A-1307-16T3 Opinionnjcourts.gov… non-hearsay statements. The premise, however, is not supported by the record. Cardenas did not deny that … hearsay] declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for … exclusionary rule. . . . The Rule permits impeachment or support of a declarant's credibility as if the declarant had …
- A-0679-19 Opinionnjcourts.gov… sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser- included charge must "jump[] off the … against her during the offense. To be sure, the record also supported the instruction the judge gave to the jury on the … assault by pointing a gun at Soto. The evidence in support of the lesser-included offense of conspiracy to …
- A-2360-18T2 Opinionnjcourts.gov… Realty moved for dismissal pursuant to Rule 4:6-2(e). In support, Fox certified that American Realty "had no notice … moved for reconsideration pursuant to Rule 4:49-2. In support, plaintiff's counsel certified that there were "two … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- A-4855-17T1 Opinionnjcourts.gov… affirm. At trial, the jury considered evidence proffered in support of the parties' varied theories on the cause of the … and invited the jury to speculate, without evidential support, defendant was racing; improperly urged the jury to … of defendant's initial statement to police.9 That statement supported the State's contention that defendant was …
- A-4886-17T2 Opinionnjcourts.gov… 2018. The court stated that following submission of further supporting and opposing papers, the case would be scheduled … arbitrary or there is a lack of substantial evidence to support them." Glenpointe Assocs. 241 N.J. Super. at 46 … and dismissed the tax appeal complaint. The record fully supports these findings and conclusions. We discern no error …