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- A-36-15 Opinionnjcourts.gov… them into public servants. Judge Palmer found additional support from federal case law in which private rescue squads … a divided three-member panel affirmed the trial court’s determination that defendant “was not a ‘public servant’ as … fundamental nature of the undertaking” -- the education of children -- is not changed when a private institution …
- A-11-15 Opinionnjcourts.gov… therefore had a constitutional basis to make the stop. To support this premise, the Attorney General refers to Officer … Accordingly, we must respect factual findings that are “supported by sufficient 12 credible evidence” at the … high-beam statute, N.J.S.A. 39:3-60, upon probable cause, supported by oath or affirmation, and particularly …
- A-33-14 Opinionnjcourts.gov… of the Appellate Division affirmed the trial court’s determination. A majority of the panel agreed with the trial … court pending resolution of GEICO’s reimbursement claim. In support of its motion, GEICO argued, pursuant to N.J.S.A. … in this State involving an insured tortfeasor, the determination as to whether an insurer is legally entitled to …
- A-49-13 Opinionnjcourts.gov… as the shooter. The witness had known defendant since childhood. Defendant, sixteen years old at the time of the … this testimony provided a sufficient factual basis to support a plea to aggravated manslaughter under N.J.S.A. … the State contends that defendant’s guilty plea was supported by an adequate factual basis. Noting that a …
- A-52-12 Opinionnjcourts.gov… Stacey married Paul in 1999, and the couple had two children. Paul and Stacey divorced in 2003. As part of a … the Family Court granted them joint 4 custody of the children and named Paul the parent of principal residence. … summation, the State contends that the record fully supported the prosecutor’s comments, that defendant did not …
- njcourts.gov… was also no contact between Allen and Oritani that would support a special relationship. In City Check Cashing, the … 3 An Appellate Division panel reversed the trial court’s determination. It found that the ADS resolution signed by … the statute’s objectives. Accordingly, we reverse the determination of the Appellate Division, and reinstate the …
- 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 …
- 13502-16 Opinionnjcourts.gov… 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 …
- BER-L-7542-15 Opinionnjcourts.gov… under Section 1125(a). See id. The holding in Lexmark supports dismissal of the Defendants/Counterclaimants’ … September 2014 distributorship agreements relied upon to support the Defendants/Counterclaimants’ position that … Counterclaim fails to sufficiently plead facts necessary to support the claims asserted, and merely states a formulaic …
- ESX-C-178-13 Opinionnjcourts.gov… learned that his elderly neighbors whom he has known since childhood, the Saroldis, suffered significant damage to … a letter with seven proposed itemized withdrawals and supporting documents. On November 4, 2014, Crown Bank’s … to address Martin Jr.’s failing Greenstar loan, 10 thus supporting Defendant’s argument that the Genda loan was …
- njcourts.gov… 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 …
- njcourts.gov… with small minority populations. Despite the scholarly support the CD test enjoys, we are aware of no investigations to either support or refute concerns that CD’s exaggerate levels of … state”; Walters & Curriden 2004, from Dallas, Texas), which supports the idea that a bright-line 10 percent rule …
- A-9-14 Opinionnjcourts.gov… of the gun “because of the utter absence of any exigency to support the warrantless vehicle search that occurred,” and … is to exhaust the consent search option prior to making a determination to seek a warrant, telephonic or in-person. (pp. … the New Jersey Constitution. Defendant’s sole argument in support of his motion, presented both in a letter brief and …
- A-3-14 Opinionnjcourts.gov… petitioner Bernice Tambascia-Folcher in 2002. Each had children from a prior marriage. A post-marital agreement … boat, pickup truck, and car were to be bequeathed to his children. In January 2006, Folcher had his attorney revise … pain medications, was wheelchair-confined, needed oxygen support, and generally relied on Bernice for his basic daily …
- A-96-13 Opinionnjcourts.gov… His other convictions are affirmed because they are supported by evidence independent of the suppressed … N.J.S.A. 2C:28-2(a); because those convictions are supported by evidence independent of the suppressed … after he first invoked his right to remain silent. In support of that argument, defendant asserts that: he was …
- njcourts.gov… 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 …
- 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-56-20 Opinionnjcourts.gov… be present or be represented, and defendant has failed to support his representative-cross-section claim. *In … of Criminal Defense Lawyers of New Jersey (Fox Rothschild, attorneys; Matthew S. Adams, of counsel and on the … and access as necessary, that jury managers had not made determinations previously addressed by judges on the record, …
- njcourts.gov… 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 …
- njcourts.gov… 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 …