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- njcourts.gov… in its legal analysis; and (5) plaintiffs' position was supported by an expert report. II. We review a grant of … 214 N.J. 303, 322 (2013). We review a trial court's determination of that 14 A-3809-21 question de novo. … agent at ORI. In addition, we agree with Judge Sheedy's determination that Next Medical did not owe a duty of care to …
- njcourts.gov… to the fourth lease amendment was $36,758.40. Defendants supported their calculation of the amount owed from language … Rather, this court will review anew the summary judgment determination on appeal. Id. In deciding motions for summary … also R. 4:46-2. The type of evidence considered in such determinations includes answers to interrogatories, …
- A-10/11-24 League of Women Voters of New Jersey Amicus Curiae Brief Briefsnjcourts.gov… Women Voters of New Jersey (“LWVNJ”) submits this brief in support of Plaintiff-Appellants and in furtherance of their … League of Women Voters of New Jersey and its members and supporters. FILED, Clerk of the Supreme Court, 19 Dec 2024, …
- A-18-24 Amicus Curiae Brief the Association of Criminal Defense Lawyers of NJ Briefsnjcourts.gov… 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 …
- 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 …
- njcourts.gov… gifts and maintain[] an advisory role at the school in support of the 4 A-3895-23 University." N.J.S.A. … In its oral decision, the trial court made three determinations based on the papers and without an evidentiary … matter, we conclude that the interests of justice do not support enlarging the limitations period. The mitigating …
- njcourts.gov… findings by a court "are binding on appeal when supported by adequate, substantial, credible evidence." … PDVA, the Family Part is required to make two distinct determinations. Silver v. Silver, 387 N.J. Super. 112, 125-27 … woman's syndrome to make 11 A-0425-23 credibility determinations and findings without any testimony regarding …
- A-0478-24 – STATE OF NEW JERSEY VS. ODEANNE S. LAWES (23-05-0614, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- A-1027-22 – DR. MAC TRUONG VS. LAKELAND BANK, ET AL. (DC-002901-22, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- A-5060-18T4 Opinionnjcourts.gov… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … thereafter did he make a statement to police. The record supports the judge's conclusion that defendant's statements …
- A-1005-18T1 Opinionnjcourts.gov… State did not raise any others to the court in its brief in support of the warrantless search. The trial court's careful … section of defendant's reply brief to the trial court in support of his motion to suppress evidence: "In the case at …
- A-1953-19T1 Opinionnjcourts.gov… Brach Eichler from representing the Prassas defendants. In support, Delaney attached a certification and an abundance … 1992)).] The court set forth five factors relevant to a determination whether the moving party seeking … Delaney's adversaries as well as Delaney's possession of supporting documentation he now uses as a sword to …
- A-4709-17T4 Opinionnjcourts.gov… 82 (App. Div. 2003). Finally, the record here does not support a finding of excusable neglect. At sentencing, the … live with her? THE DEFENDANT: No. THE COURT: Do you have children[?] THE DEFENDANT: Yes, sir, two children. THE COURT: Where are the children? Where are they …
- A-5251-16T3 Opinionnjcourts.gov… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit …
- A-4587-16T4 Opinionnjcourts.gov… would get what he had coming to him. The judge also found support under the community-caretaking doctrine as "a … decision so long as 12 A-4587-16T4 those findings are supported by sufficient credible evidence on the record." … at 15). However, "[t]o the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
- A-0496-16T3 Opinionnjcourts.gov… concerning the pleas. We therefore conclude the record supports the PCR court's determination that defendant was not denied effective … to resolve defendant's claims. The record supports that determination. 17 A-0496-16T3 We have considered defendant's …
- A-4737-16T4 Opinionnjcourts.gov… do so may "render the lawyer's performance deficient" and support a claim of ineffective assistance of counsel. State … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
- A-4801-17T1 Opinionnjcourts.gov… Roodenburg, one of decedent Faith Hursa's six surviving children, appeals from the following orders: three May 26, … are dismissed: Count II: Declaratory Judgment seeking determination that Amy ousted [plaintiff] and owes … for fees based on its conclusion that the record lacked support for her claims, finding: "[W]hile 14 A-4801-17T1 the …
- A-2235-16T1 Opinionnjcourts.gov… standard: 'if, accepting as true all the evidence which supports the position of the party defending against the … fault should be submitted to the factfinder for determination." Del Tufo v. Twp. of Old Bridge, 147 N.J. 90, … him. The photographic evidence and damage to the vehicles supported plaintiff's proofs that defendant turned left in …
- A-2484-15T1 Opinionnjcourts.gov… "when the stated 'findings were mistaken[,] . . . the determination could not reasonably have been reached on … findings of the judge are binding on appeal if they are "supported by adequate, substantial and credible evidence." … and records. Thus, the judge's findings were adequately supported in the record. Lastly, defendant's argument that …