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A-18-24 Amicus Curiae Brief the Association of Criminal Defense Lawyers of NJ
Briefs
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… where a warrantless search is neither necessary nor supported by the concerns the exception is meant to address … v. Carter, 247 N.J. 488, 504 (2021). The Court’s frequent determination that the State Constitution provides more robust … ability of law enforcement to obtain a search warrant or support any reason not to do so. FILED, Clerk of the Supreme …
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njcourts.gov
… for consent to search made during a motor vehicle stop be supported by "reasonable and articulable suspicion to … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … We hold the court erred in reaching that legal determination. We defer to the factual findings made by the …
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njcourts.gov
… for PCR, alleging ineffective assistance of counsel. In support of the petition, defendant submitted a certification … of his alibi testimony. 16 A-2745-22 These factors also support the trial court's determination that testimony by Vascell and Vinchel would not …
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njcourts.gov
… plain language of the Declaration, read in its entirety, supported the judge's concluding that Section 8.1(c), and … in other communities. The Association contends there is no support in the record for these statements by the judge. 15 …
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njcourts.gov
… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … Alkesh's independent third-party evaluation. Since the determination was made by the arbitrator, the Chancery court, …
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njcourts.gov
… First, many aspects of Moore's report were either unsupported, or directly contradicted, by the factual record. … to N.J.R.E. 407. Next, Nelan's testimony largely fails to support plaintiffs' theory of liability, as it related … a sufficient expert report or other competent evidence to support the notion that the design of the handrail was a …
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njcourts.gov
… "appealed . . . to the Appellate Division"; (4) "[t]he determination of the issue was essential to the 8 A-0997-21 … appeal followed. We "review[] de novo the trial court's determination of [a] motion to dismiss under Rule 4:6-2(e)." … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted," Rieder v. …
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njcourts.gov
… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … of Monmouth, 406 N.J. Super. 1, 6 (App. Div. 2009). "[D]eterminations about the applicability of OPRA and its … point to, and our research does not yield, any caselaw to support a sweeping disregard for organizational …
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njcourts.gov
… the same statute." Plaintiff moved for reconsideration. In support of that motion, plaintiff submitted Spagnola's … with the third James prong. 457 N.J. Super. at 585. In support of their summary- judgment motion, defendants …
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njcourts.gov
… interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … a court should not engage in a strained construction to support the imposition of liability." Longobardi v. Chubb …
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njcourts.gov
… (Rick)1 on September 10, 2011. Petitioner did not have any children with Rick, but she had one adult daughter from a … JUSTICE AND PUBLIC POLICY. A. Reversing the Board's Final Determination Would Serve the Policy of the Law. B. Reversing … Teachers' Pension & Annuity Fund, 116 N.J. 564 (1989), in support of her arguments. In short, petitioner contends the …
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#03-07
Administrative Directives
njcourts.gov
… time, as directed by your probation officer. 9. You shall support your dependents and meet your family … y cumplirá con sus responsabilidades familiares. You shall support your dependents and meet your family …
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njcourts.gov
… ensure that the City was dealing with the matter fairly. In support of that contention, Palmer Center cited to F.M.C. … 746 (1989)). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a …
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njcourts.gov
… 2023, the court entered an order granting summary judgment supported by a supplemental written opinion. In its January … N.J. at 24 11 A-2489-22 (quoting Bhagat, 217 N.J. at 38). Determinations of credibility are "to be made by a jury and … version, the resolution of that conflict requires a determination of which version is more credible. Such a …
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njcourts.gov
… of New Jersey, Inc., to file an amicus curiae brief, which supports UPC's contentions. After our review in light of … 138 N.J. at 314. Thus, when a contracting agency makes a determination regarding a bid's conformity with an … made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal …
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njcourts.gov
… arrest, Detective Charles Mackafee, as well as defendant's children and his girlfriend. Defendant's girlfriend's … went to the basement area of the home to retrieve her children. The judge also credited Detective Cole's testimony … (citations omitted). A defendant's IAC claims "must be supported by 'specific facts and evidence supporting [the …
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njcourts.gov
… of his injury." The expert, however, offered no facts to support his opinion, 14 A-1841-21 stating only that "[s]eams … nor operated or point to any facts in the motion record to support his opinion that ABL failed to 17 A-1841-21 "educate … a claim may not be satisfied by an expert opinion that is unsupported by the factual record."). The point requires no …
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njcourts.gov
… the understanding that the Judiciary plays a secondary, supportive role in this process. Any substantive resolution … sale -- remain for legislative and executive branch determination. In conjunction with the pause by the Office of … to certain forms and notices to improve consistency and support understanding by parties involved in the tax sale …
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njcourts.gov
… Will directed an equal division of his estate to his four children; it didn’t provide for Deborah. 1 Consequently, … our case law. This case first requires the court’s legal determinations about where to place the burden of introducing … Act”) declares that any party who asserts a claim “that is supported by oral testimony of a promise, statement, or act …
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njcourts.gov
… We therefore summarize only those facts pertinent to our determination of the legal issues before us. Plaintiff entered … "Nonetheless, if the complaint states no claim that supports relief, and discovery will not give rise to such a … with prejudice, the federal court made any substantive determination of the merits of plaintiff's case. In another …