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- STATE OF NEW JERSEY VS. ROBERT B. ANSTATT (14-02-0254, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … 2005). Whether a suspect is in custody is an objective determination based on "how a reasonable [person] in the … defendant by the police was non-coercive. The record amply supports those fact-findings and we discern no basis for …
- njcourts.gov… an extension of discovery; (2) Dr. Bell's opinion was supported by the factual evidence and was not a net opinion; … judgment was properly granted. Dr. Bell's report fails to support a claim of negligence. Although it sets forth …
- njcourts.gov… retailers like Westpark.” Certification of Jacob Orfali in Support of Motion for Reconsideration, ¶ 8. Any sales to … ceasing to conduct business with Westpark, and the facts support Westpark’s assertion that no tortious interference …
- njcourts.gov… because the money reached the intended person, Daniel. In support of its motion, BOA relied upon plaintiff's … N.J. Super. at 68 (citations omitted).] The record amply supports the judge's finding in this case that the proceeds …
- A-4623-12 Opinionnjcourts.gov… because the money reached the intended person, Daniel. In support of its motion, BOA relied upon plaintiff's … N.J. Super. at 68 (citations omitted).] The record amply supports the judge's finding in this case that the proceeds …
- A-2598-19 Opinionnjcourts.gov… and that his former girlfriend and mother of two of his children was living with Moore. During the afternoon of … A-2598-19 UNLAWFUL POSSESSION OF A WEAPON TO THE FACTS THAT SUPPORTED [DEFENDANT'S] DEFENSE, INCLUDING HIS TESTIMONY … of unlawful possession of a weapon if the jury found facts supporting self-defense.3 3 In its brief, the State argues …
- A-4083-15T1 Opinionnjcourts.gov… because the plain language of the Smoke- Free Act does not support such a reading. West Caldwell's Smoking Ordinance … the plain language of the superseding provision does not support such an interpretation. The word "adopted", as used …
- A-3749-16T3 Opinionnjcourts.gov… hearing for all arbitrations. State Farm initially supported Hereford's motion, but later withdrew its support and took no position. Similarly, on this appeal, …
- A-3427-20 Opinionnjcourts.gov… to Rule 4:50-1. And, the judge found there was no factual support to determine the Kars were not properly served with … motion" because their letter memorandum does not offer any supporting "law, statute, or court rule." A memorializing … any judgment only "to the extent that such judgment is a determination of the personal liability of the debtor with …
- A-2437-20 Opinionnjcourts.gov… (requiring 8 A-2437-20 "specific and articulable facts" to support reasonable suspicion to justify a warrantless Terry … the State has not cross-appealed the trial court's determination of an illegal stop. The State argued, and the … not rely on facts that it already deemed inadequate to support reasonable suspicion for the initial stop. We do not …
- A-4347-14T2 Opinionnjcourts.gov… an extension of discovery; (2) Dr. Bell's opinion was supported by the factual evidence and was not a net opinion; … judgment was properly granted. Dr. Bell's report fails to support a claim of negligence. Although it sets forth …
- 010919-2018 Opinionnjcourts.gov… administrative conference and the Director issued a Final Determination upholding the liability with additional accrued … a timely complaint in this court challenging the Final Determination, then moved for summary judgment in which he … posits that reading I.R.C. 3401(a) and (c) together supports the conclusion that he did not receive “wages” 5 …
- 08480-2017 Opinionnjcourts.gov… by filing the instant case with the Tax Court seeking a determination that NWAC is entitled to an exemption from the … Director. N.J.S.A. 40:55D-8.6(b). The Director’s final determination may then be appealed to the Tax Court, which … funds, not the State. Additionally, much of the evidence to support the NRDF’s justification (i.e., property records, …
- A-1425-16T3 Opinionnjcourts.gov… argued the witness did not establish a foundation to support his opinion about what caused defendant's head … injury. The prosecutor argued the witness' testimony was supported by the car's "severe frontend damage" and the …
- A-0767-19T1 Opinionnjcourts.gov… the additional robbery convictions. Defendant provides no support for the assertion that the two additional robbery … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … We disagree as defendant's arguments are factually unsupported by the record and legally meritless. 10 …
- A-1051-19T1 Opinionnjcourts.gov… 1990). However, we add the following remarks. Factual determinations "made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
- A-1973-18 Opinionnjcourts.gov… his weighing of the sentencing factors was reasonable and supported by credible evidence in the record. See Pierce, … the elements of the relevant offense in making that determination. State v. Fuentes, 217 N.J. 57, 74-75 (2014). … There was no abuse of discretion in the judge's determination that based upon the nature of the offense 12 …
- A-5691-18 Opinionnjcourts.gov… of sexual assault, endangering the welfare of numerous children, and related offenses. On March 27, 2014, the trial … and a challenge to the sufficiency of the evidence that supported defendant's conviction under the indictment's … IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 N.J. 391, …
- A-5344-18 Opinionnjcourts.gov… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … this strong presumption, and its conclusion is adequately supported. The heart of defendant's theory is that his two …
- A-4327-18T2 Opinionnjcourts.gov… from ICPC funds for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or … 6 A-4327-18T2 submitted by Mazooz Sehwail and/or [wife] in support of their claim; all correspondence between NJM and … to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401. …