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- 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-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-7-15 Opinionnjcourts.gov… Brown status conference and the three unrelated JOCs do not support the claim that defendant’s sentence was arbitrary or … the Court accords substantial deference to sentencing determinations and acknowledges the trial judge’s explanation … did not analyze the reasonableness of the sentencing determinations in the three JOCs, in part, because defendant …
- 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-33-23 Amicus Curiae Brief Partners for Women and Justice Briefsnjcourts.gov… disclosure of the footage to the victim. This conclusion is supported by both new and preexisting statutory authority, … and well-being of not only themselves, but often their children, if they are denied permanent civil protection due … to N.J.S.A. 2C:25-23.1 is an example of the legislature’s determination to further public policy which permits …
- A-0494-23 – STATE OF NEW JERSEY VS. KENYON S. ESANNASON (22-11- 0727, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… exception. 11 A-0494-23 The State argues the record supports the court's denying suppression because: (1) … Elders, 192 N.J. at 244). By contrast, "[w]e review legal determinations, including the application of the law to … of pre-planning. We conclude the record supported both determinations. The police pursuit arose unexpectedly in the …
- njcourts.gov… the defendants to conduct research and make subjective determinations in order to comply. I. We glean the salient … identify a particular government record(s) sought." To support its denial, defendants cited to MAG Ent., LLC v. … under OPRA. Plaintiff filed a notice of appeal. II. Determinations "about the applicability of OPRA and its …
- A-0832-22 – EVAN G. SCOTT VS. CITY OF NEWARK, ET AL. (L-6179-16, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… "fail[ed] to reveal objective findings that would support any subjective complaints of discomfort." 7 … respondeat superior and negligent retention/supervision. In support of these claims, plaintiff contended the City was … record contained genuine and material questions of fact supporting the legal conclusion his claims were not subject …
- njcourts.gov… and data" generated by DRL and submitted to the FDA in support of Mezzion's NDA for udenafil. Mezzion claims it was … or reference any information in DRL's udenafil drug file in support of the NDA unless the information was publicly … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; Payton v. N.J. …
- njcourts.gov… based on Holtec's answer in the negative to Item 8. The determination of an ambiguity in a contract is a question of … Lobby, Inc., 477 U.S. 242, 252 (1986)). The record amply supports Judge Lougy's findings. We reiterate and emphasize … from other states as a matter of policy. Judge Lougy's well-supported finding that NJEDA never asked for anything more …
- njcourts.gov… filed a motion to appeal his rejection from PTI with the support of the Morris County prosecutor. That motion was … Id. The trial court overruled the ineligibility determination and permitted Gomes to apply for PTI, directing … State v. O’Brien5, and other “extrinsic evidence6 [that] supports our reading of the statutes in question.” Id. at …
- njcourts.gov… arose from his role as Executive Director of the School for Children with Hidden Intelligence (SCHI or school) and … abuse his discretion in ordering a new trial. The record supports his determination that no evidence in the record shows defendant …
- A-3443-20 - STATE OF NEW JERSEY VS. CALVIN L. GREEN (18-06-0562, GLOUCESTER COUNTY AND STATEWIDE) Opinionnjcourts.gov… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … to the error—no matter how inescapable the findings to support that verdict might be. Viewing the record as a … of McCausland was a significant factor in the jury's determination of guilt. As such we cannot announce it was …
- njcourts.gov… Plaintiffs did not supply the required documentation to support its claim for business income loss. 10 A-2938-21 1. … AmGUARD, plaintiffs contend the court erred in its determination that the damages were caused by a water backup, … that are unconscionable. The unconscionability determination requires evaluation of both procedure and …
- A-0291-23 – STATE OF NEW JERSEY VS. DAISHON I. SMITH (21-08-1004, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… filed a motion to be relieved as defendant's counsel. In support of that motion, Santiago certified that in late … lawyers." State v. Rue, 175 N.J. 1, 14 (2002). A court's determination of whether an attorney has a conflict of … of the policies embodied in the RPCs 17 A-0291-23 support a rule where individual, personal conflicts of …
- njcourts.gov… The court appointed a Special Master to assist in making determinations regarding affordable housing. K&S attempted to … underlying facts forming the basis of the [c]ourt's prior determination and grant of a durational adjustment pursuant to … for the objection to the fourth position ranking are not supported by testimony, evidence or COAH rule, there may be …
- A-33-24 Appellant Response To Amicus Brief Briefsnjcourts.gov… thereby eliminating the need for a power of attorney to support the consent of surety. See SFAA Brief at 11 (arguing … of surety, or any other required undertaking, is properly supported by a power of attorney. Additionally, like El Sol … form, this obviates the need for a power of attorney to support the consent of surety. See SFAA Brief at 11 (arguing …
- njcourts.gov… sister were granted status under the Deferred Action for Childhood Arrivals (DACA), an immigration program announced … unauthorized aliens who entered the United States as children to apply for a two-year forbearance of removal, … 466 U.S. at 687. Bare assertions are “insufficient to support a prima facie case of ineffectiveness.” State v. …