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- A-0534-15T2 Opinionnjcourts.gov… L. Ed. 2d 247, 255 (1984)). Our review of the record finds support for the trial judge's determination the officers had a reasonable and articulable … innocent explanation does not mean that they cannot support articulable suspicions if a reasonable person would …
- cfccomp.pdf Charges Document PDFnjcourts.gov… matter before the court and jury for the jury's ultimate determination as to whether the defendant is guilty or not … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the … offenses by separate counts in the indictment. In your determination of whether the State has proven the defendant …
- A-1338-17T4 Opinionnjcourts.gov… in a May 28, 2014 written decision. It based its determination on the same factors relied upon by the … IS AN APPROPRIATE REMEDY I. Appellate review of parole determinations "focuses upon whether the factual findings made … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
- A-2828-17T2 Opinionnjcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … are consistent with the common law of restitution. In support of his argument, Dr. Vitale relies upon the innocent … & Wire Works, Inc., 233 N.J. Super. 91 (App. Div. 1989), supports the adoption of the Restatement (Third) of …
- A-1973-20 Opinionnjcourts.gov… and found the Board did not violate the Agreement. In support of her determination, the arbitrator relied, in part on Bd. of Educ. … claim that the decision in Matter of County of Atlantic supported the notion that salary increments could be …
- A-0768-19 Opinionnjcourts.gov… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … seized evidence). We next consider defendant's arguments in support of a remand for resentencing. We agree this matter …
- A-1661-14T4 Opinionnjcourts.gov… have provided in the initial trial which were necessary to support a conviction." Id. at 424 (quoting State v. … 237-38 (citations omitted). Lawn King and McMullen do not support defendant's arguments. The State did not fail to …
- A-1533-15T3 Opinionnjcourts.gov… supervision or singling out of defendant. There was ample support for the conclusion that defendant was not in custody … trial court’s factual findings must be upheld if they are "supported by sufficient credible evidence in the record." … his sentence was excessive. Our review of a sentencing determination is limited. State v. Roth, 95 N.J. 334, 364-65 …
- A-5241-15T1 Opinionnjcourts.gov… it may accept or reject his expert opinion in making its determination. Defendant has failed to show that such … for the witness or refer to matters outside the record as support for the witness's credibility." State v. Walden, 370 … object, there exists sufficient evidence in the record to support the jury's finding of guilt. 11 A-5241-15T1 Although …
- A-2060-16T3 Opinionnjcourts.gov… characterized as a "big, ugly scar." Plaintiff's testimony supported Dr. Lessing's expert opinion. According to … to the gym and has limited her activities with her grandchildren, such as attending their soccer games. She can no … jury saw what they saw. They ultimately came to the determination that . . . this injury was significant enough to …
- A-5528-14T2 Opinionnjcourts.gov… POINT IV THE TRIAL COURT'S OMISSION OF JURY CHARGES IN SUPPORT OF MR. GOODEN'S DEFENSE VIOLATED HIS RIGHTS TO DUE … N.J. 383, 453 (1998), and will overturn a N.J.R.E. 403 determination "[o]nly where there is a clear error of … sufficient clarity and particularity, its findings were supported by the record, the court correctly applied the …
- A-1349-15T1 Opinionnjcourts.gov… expert from testifying at the trial. II. We review fee determinations for an abuse of discretion. Rendine v. Pantzer, 141 N.J. 292, 317 (1995). "[F]ee determinations by trial courts will be disturbed only on the … The judge found Tishman's supplemental certification in support of its fee request complied with Rule 4:42-9 and RPC …
- njcourts.gov… Gerald Loschiavo. Plaintiff seeks 2 in this action a determination that she has an equitable ownership interest in … Lake Como property. And there is evidence that appears to support her position. For example, as already mentioned, the … has asserted.4 To summarize, the court bases its determination that plaintiff gifted $250,000 to defendants on …
- njcourts.gov… claim as a counterclaim in the federal action is unsupported, as an exception to the compulsory claim … of another pending action." Thus, the federal rules do not support the preclusion of Enoch's negligence action for … federal action cannot fairly be viewed as a final determination of Jean's negligence claim on the merits. 13 …
- njcourts.gov… contact with the criminal justice system; has a GED; two-children and a girlfriend of eleven years. He further argued … the aggravating 13 A-1277-23 or mitigating factors were not supported by credible evidence, or (3) the sentence, … the law." N.J.S.A. 2C:44–1(a)(9). The sentencing court's determination is a "qualitative assessment" of the risk of …
- njcourts.gov… N.J. 202, 209 (2014). Self-serving assertions that are unsupported by evidence are insufficient to create a genuine … from raising the timeliness of plaintiff's complaint. In support of her equitable estoppel argument plaintiff relies … timeliness defense by not raising it in its answer is not supported by the record. USAA's answer alleged as …
- A-31-24 Amicus Curiae Brief Levinson Axelrod PA Briefsnjcourts.gov… and no witnesses to either oppose Petitioner’s motion or in support of its position that Petitioner was not an essential … When a worker files a motion seeking relief, ruling or determination that worker has a right to compel the Court to … During the two and a half years Petitioner’s motion for a determination was pending, someone lost sight of the policies …
- A-1082-22 – DISCOVER BANK VS. S. GEORGE PODURGIEL (L-0758-22, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… to the statement was a certification from a litigation support coordinator attesting to the fact plaintiff loaned … consist[ed] of bare legal conclusions . . . entirely unsupported by affidavit or competent evidence. Even in … judgment motion and the evidence submitted by plaintiff in support of the motion because they were not raised before …
- A-0297-22 – STATE OF NEW JERSEY VS. WILLIAM MENTER (94-10-1390, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… a notice of 3 A-0297-22 aggravating factors intended to support a sentence of death for the three murders. After … sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State …
- A-0484-23 – JOSEPH POLIMEDA, ETC. VS. M.R. OF TEANECK, LLC (L-5501-20, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the negligence ultimately contributed to her death. In support of the nursing negligence claims, plaintiff retained … of these three elements, the case is not sufficient for determination by the jury." Rosenberg, 352 N.J. Super. at 399. … emotional health problems, through . . . provision of care supportive to . . . well-being, and executing medical …