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- A-4022-12T1/A-4055-12T1 Opinionnjcourts.gov… BECAUSE THE PROSECUTOR'S SUMMATION CONTAINED FACTS UNSUPPORTED BY THE EVIDENCE WHICH PREJUDICED THE DEFENDANT'S … the sentencing court identifies and properly balances the supported aggravating and mitigating factors, and the result …
- njcourts.gov… Likewise, a jury may consider Hogan's counterargument, if supported by admissible evidence, that Volkswagen had …
- njcourts.gov… deposited in [t]rust, and that the [c]ourt make a further determination as to . . . entitlement to said funds and/or … sought to quiet title by: (1) "[a] declaration and determination that the Borough . . . is the rightful holder of … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant …
- njcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … in Taylor are: (1) the party "agrees to be bound by the determination of issues" in the previous action; (2) the party … to purchase the properties, and the Township's pleadings in support of condemning the two lots. These representations …
- njcourts.gov… We should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
- njcourts.gov… doctrine; the July 29 and August 23, 2022 orders were not supported by law or the record; and the court erroneously …
- njcourts.gov… if the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Frederick … Cleaners, Inc., 230 N.J. 123, 133-34 (2017). A judge's determination of the accrual date for a claim under the TCA …
- njcourts.gov… respectfully part company with the trial court's contrary determination, particularly because, as we have stressed, the … upon Bozzi v. City of Jersey City, 248 N.J. 274 (2021), as supportive of disclosure. We read Bozzi to be highly …
- njcourts.gov… third-party LPT appeal could be filed under R. 4:69. Amici supported the State’s contentions.5 In response, plaintiffs … Further, Chapter 123 is implicated only after a value determination has been made by the court or a county board of …
- A-62-21 - Statewide Insurance Fund v. Star Insurance Company (086440) (Monmouth County & Statewide) Opinionnjcourts.gov… a commercial general liability insurance company. That determination turns on whether the Fund provides “insurance” … risk in JIFs and the plain language of N.J.S.A. 40A:10-48 support our holding: the Fund does not provide “insurance” …
- njcourts.gov… counterclaims were dismissed, and, after the court made a determination of the amount due on the mortgage and promissory … 394, 411 (1998). We are bound by findings of fact that are supported by "adequate, substantial, credible evidence" in … Office can only recommend entry of a judgment, the determination of whether that recommendation will be followed …
- njcourts.gov… state court. They fail, however, to cite to any case law to support that argument. In response, counsel for other …
- njcourts.gov… having the burden of proof. In making the admissibility determination under N.J.R.E. 609(b), courts can consider (1) … and his testimony may well have been important evidence in support of his defense. The errors concerning the jury …
- A-2919-20 - SHEILA ALLEN VS. JERSEY CITY BOARD OF EDUCATION (L-4526-19, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… constructive notice argument, I find . . . the facts do not support any rational jury possibly concluding . . . the … judge erred in denying her motion to strike defendant's unsupported affirmative defenses. Because none of plaintiff's …
- BER L-3443-17 Opinionnjcourts.gov… against Defendants in their Complaint. The underlying facts supporting these allegations relate to the Board depleting …
- njcourts.gov… comments made while the prosecutor underscored the evidence supporting second-degree burglary: (1) "He's at the desk …
- njcourts.gov… to prove or disprove any fact of consequence to the determination of the action.” Garcia, 245 N.J. at 431 (citing … to prove or disprove any fact of consequence to the determination of the action.” R. 401; see Garcia, 245 N.J. at … enough to exclude it.”). We are aware of no precedent to support the proposition that defendant's coarse manner of …
- njcourts.gov… there was a basis for the court to override the UCPO's determination and admit defendant into PTI over the State's … arrested in Union County for the same offense." In further support of its position, the SCPO highlighted the fact that … and written opinions, we perceive no basis to disturb his determination that the SCPO properly weighed and considered …
- njcourts.gov… character of the community and the potential for harm to children in the community of Highland Park." The Planning … room for state law to operate[.]" 246 N.J. at 29. The Court supported that determination by quoting the following language from the CSA: …
- A-3655-20 - STATE OF NEW JERSEY VS. KHALIF O. JAMES (97-07-0733, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… provided the trial court with additional documentation in support of the motion. In May 2018, Judge William A. Daniel … therefore, was not entitled to a new trial. We reach this determination, understanding that the impact of newly …