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- A-4953-17T1 Opinionnjcourts.gov… 8 A-4953-17T1 he was resuscitated by advanced cardiac life support. During that time, Aviv was deprived of oxygen. He … the objection, finding it was improper as it lacked the support of expert testimony. He described the proffered … their request for a ruling that the facts here did not support a Scafidi charge. Thereafter, counsel and the court …
- A-2001-17T3 Opinionnjcourts.gov… that none of the Miller factors outweighed the reasons that supported life imprisonment. In recognition of certain … offense was part of Defendant's plan to get revenge was unsupported by evidence and contrary to facts that are not in … could be expanded for good cause. N.J.S.A. 2A:4A-26(d). In support of such a motion, the State had to establish …
- njcourts.gov… v. Totowa Borough, 18 N.J. Tax 540, 545 (Tax 2000). The determination of the highest and best use of a property is … and best use conclusions are reasonable and credibly supported by their analysis of Montclair’s R-4 zoning … a fifteen percent upwards market rent adjustment was not “supported by substantial credible evidence on the whole …
- A-2495-17T2 Opinionnjcourts.gov… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
- A-3652-18T3/A-4134-18T3 Opinionnjcourts.gov… They could have picked out any test they wanted to that supported their arguments, that showed what this was all … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In making this determination, the trial judge "should focus on the logical …
- A-5389-15T2 Opinionnjcourts.gov… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
- A-5398-16T4 Opinionnjcourts.gov… home, where he resided with his fiancée and his four children, resulting in the seizure of contraband consisting … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … the witness' testimony or by shedding light on the determination of a disputed factual issue." Id. at 457-59. The …
- A-1021-14T2/A-1343-14T2 Opinionnjcourts.gov… thought that if he did, he would be dead the next day. In support of the State's case against Adams, a cellular … issue of guilt. We shall not disturb the trial court's determinations that Detective Scoppa, based on his years as an … other grounds, 79 N.J. 251 (1979). In Jenkins, a juror had children the defendant's age. She said, "I just can't make a …
- A-1722-16T3 Opinionnjcourts.gov… v. Henderson, 208 N.J. 208, 288 (2011). Further, the determination can only be reached so as to require the … the judge determined that "almost all the variables that support defendant's motion are estimator variables." Judge … if there is sufficient credible evidence in the record to support the findings." Ibid. The trial court's findings are …
- A-2572-18 Opinionnjcourts.gov… was a long-term substance abuser who sold drugs to support his habit. Defendant argued that the court should … N.J.S.A. 2C:44-1(b)(3). He claimed the drug sales were to support his habit. 12 A-2572-18 In his sentencing analysis, … in a motion to suppress provided those "findings are 'supported by sufficient credible evidence in the record.'" …
- A-0879-19 Opinionnjcourts.gov… while leaving Impact and its shareholders in the lurch." Supported by "the behind the scenes urging" of Salgado and … for all [members] of Impact[.]" We affirm the judge's determination that Mark lacked standing to bring a direct … Fraud Claim Plaintiffs assert they pled sufficient facts to support a claim for common law fraud against the XTech …
- A-2807-18 Opinionnjcourts.gov… to commit armed robbery and robbery. These same proofs also supported the felony murder count. 16 A-2807-18 As to the … under the law. R. 2:10-1. There was sufficient evidence to support 21 A-2807-18 the jury's verdict. Thus, no manifest … as well as co-conspirator liability. Indeed, if the facts support liability as an accomplice or a co-conspirator, each …
- A-0831-18 Opinionnjcourts.gov… relative to the amount of boric acid, this would have supported defendants' argument that S-65 was a "sample … N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1), the determination of whether a defendant possessed cocaine "in a … relied upon those facts in formulating her opinions. In support of his argument that the judge erred by allowing …
- A-4746-18/A-4805-18 Opinionnjcourts.gov… are entitled to deference on appeal so long as they are supported by sufficient credible evidence in the record. … issue here, damages, until the court in Canada made its determination on unrelated issues. The core issues in this … v. Sharp Elecs. Corp., 116 N.J. 739, 751-52 (1989). A determination of whether given conduct is improper pursuant to …
- M-550-20 Opinionnjcourts.gov… Movants rely on constitutional and statutory bases in support of their requests for relief. Due process concerns … Movants rely on constitutional and statutory bases in support of their requests for relief. We recognize that due … The hearing may be reopened, before or after a determination by the court, at any time before trial, if the …
- A-21-20 Opinionnjcourts.gov… it is closer to Laurick’s core holding. 12 The ACDL supports defendant’s position and argues that Section 26 … consequences of their DWI convictions. The Attorney General supports the State’s position. He argues that granting PCR … General contends that Section 26(b)’s plain language supports subjecting a defendant to the mandatory 180-day …
- A-13-20 Opinionnjcourts.gov… and resentencing. The judge again cited Watts in his determination that “the evidence at the trial support[ed] a conclusion that [Melvin] was the shooter of … the time of her murder, Baker lived in Jersey City with her children and Natassia Hernandez. According to several …
- A-54-19 Opinionnjcourts.gov… Finding that “the totality of the circumstances do not support the conclusion that the defendant was unduly … as a victim was, according to the Appellate Division, supported by the fact that the detectives did not ask … conviction must be reversed. 19 The ACLU, ACDL, and NJDC support defendant’s position and argue that the trial court …
- A-44-19 Opinionnjcourts.gov… and resentencing. The judge again cited Watts in his determination that “the evidence at the trial support[ed] a conclusion that [Melvin] was the shooter of … the time of her murder, Baker lived in Jersey City with her children and Natassia Hernandez. According to several …
- A-27-19 Opinionnjcourts.gov… such a lesser included jury charge. 1. A trial court’s determination of whether to include a charge to a lesser … to jump off the page, it would require the facts here to support a finding that the victim was not threatened in any … 79 (2016). The plain error standard requires a twofold determination: (1) whether there was error; and (2) whether …