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… [was] not convinced that there [was] enough evidence to support that assertion. The State asserts, "there is a … limited issues presented in this appeal and we make no determination as to whether any of those claims have merit. We … due deference to the municipal court judge's credibility determinations but conducted a de novo trial on the record, …
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… non-moving party’s version of relevant events 3 insofar as supported by competent, admissible evidence. Although the … of the underlying facts pertaining to a choice of law determination is largely conclusory, with each side declaring … present adequate basis on which to render a definitive determination. As Delta bears the burden of establishing that …
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… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in … The next step in the income capitalization approach is determination of the appropriate stabilized operating …
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… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … may receive evidence as the judge deems appropriate for a determination of the case, except that all testimony shall be … is the most straight forward and simple way to explain and support an opinion of market value.” Greenblatt, 26 N.J. Tax …
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… alter the method of calculating self-procurement tax. In support of this position, J&J argued that the NRRA was … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with … corporation's property and activities elsewhere.” Ibid. Determination as to when a state may properly impose IPTs …
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… an alternative basis for dismissal, as the court failed to support that determination with appropriate factual findings, particularly … "An appellate court reviews de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." …
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… under the exclusionary rule because the affidavit used to support issuance of the warrant relied upon his invalid … (1) a single crime could be proven by different theories supported by different evidence, and there is a reasonable … to get rid of the car could apply separately or equally to support either hindering offense. 24 A-0554-20 Defendant …
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… is in connection with pretrial release and bail determinations. See id. at -21. However, since the enactment … 2C:52-21 (which pertains to pretrial release and bail determinations) is consistent with a permissive, rather than … is nothing in the text or enactment history of CREAMMA that supports a legislative intent to deprive persons with …
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… of "trust income and principal" to decedent's wife, children, and grandchildren at the "discretion" of "the [co-]trustees." The … clause to be valid. Ibid. Instead, an agreement "supported by mutual assent" was sufficient for an …
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… into evidence a notice of motion for a writ of replevin and supporting certification that he served in a civil … due the expert’s opinion and to “emphasize[] that the determination of ultimate guilt or innocence is to be made … give to the expert’s opinion and to “emphasize[] that the determination of ultimate guilt or innocence is to be made …
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… defendant has the burden of establishing that the evidence supporting renunciation is more likely true than not. … the facts and circumstances reflected in the evidence support any inference; you are always free to draw, or to … defendant has the burden of establishing that the evidence supporting renunciation is more likely true than not. …
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… defendant has the burden of establishing that the evidence supporting renunciation is more likely true than not. … the facts and circumstances reflected in the evidence support any inference; you are always free to draw, or to … defendant has the burden of establishing that the evidence supporting renunciation is more likely true than not. …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… of fact, weighing the evidence and making credibility determinations. Rather, under the standards that govern its … material” facts in dispute that bore on any determination of the objective reasonableness of Martinez’s … inferences in favor of the nonmoving party to the extent supportable by the record,” the reasonableness of a police …