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- STATE OF NEW JERSEY VS. COREY J. BARBER (18-021, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … Johnson, 42 N.J. at 162). However, our review of legal determinations is plenary. See State v. Kuropchak, 221 N.J. … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
- njcourts.gov… (Hoens, J., dissenting). It is "generally limited to a determination whether that rule is arbitrary, capricious, … of professionals and other providers of products, services, support, and counsel to association-governed communities, … that residents have the right to contest the board's determination by requesting Alternative Dispute Resolution.[3] …
- njcourts.gov… without a hearing despite the contested record, a "determination . . . pivotal to whether plaintiff was entitled … Sam's position that as to the Oaklyn property, "a determination of abandonment by an evidentiary hearing" would … order on remand and dismiss the tax foreclosure as moot. In support of its cross-motion, Sam's counsel submitted a …
- njcourts.gov… to the de novo standard of review, and the trial court 's determination of such issues is accorded no deference. Kaye v. … regarding cleaning duties. Plaintiff contends these facts support an inference that his injury was "substantially … the facts were similar to Laidlow and held that they could support a reasonable jury finding that the defendant knew …
- njcourts.gov… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 469 … "was[ not] exercised in a timely fashion." In support, the judge pointed out that "defendant's application … or "on [d]efendant's election not to testify." In support, the judge found "defendant's unsworn statements …
- STATE OF NEW JERSEY VS. CURTIS W. MILLER (19-02-0402, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… but stated that a "car drove up on [him]," which supported the State's theory that defendant and his brother … against the other defendant if, . . . in your sole determination, he did not engage in the alleged activity. 8 … as evidence against the other defendant, if in your sole determination he did not engage in the alleged activity." The …
- njcourts.gov… the reasons why. Ultimately, the dispensaries will require support from my office, the City Council, and the Planning … decision regarding the validity of a local [B]oard's determination, 'we are bound by the same standards as . . . … of a permit." N.J.S.A. 40:55D-3 (emphasis added). Determinations as to the precise contents of an "application …
- njcourts.gov… she found in the apartment. She got a ride home from the children's sitter around 8:00 a.m. Later that day, Sara and … that night. She stated the jury would "have to make a determination whether or not [defendant] was . . . an active … PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION BY OFFERING UNSUPPORTED TESTIMONY THAT FILLED A MAJOR HOLE IN HER CASE, …
- njcourts.gov… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 15 (quoting … of the Rape 31 A-0532-22 Shield Law. Id. at 236-37. "The determination of whether evidence of a victim's prior sexual … on the victim's shorts, claiming it was relevant to support his theory of either consent or third-party guilt. …
- njcourts.gov… Justice Institute (NJCJI), appearing as amicus curiae, supports defendants’ arguments. NJCJI argues that imposing a … the same standard that governed the trial court’s determination. Samolyk v. Berthe, 251 N.J. 73, 78 (2022). … we owe no special deference to the trial court’s legal determinations. DeSimone v. Springpoint Senior Living, Inc., …
- njcourts.gov… Francis V. Cook argued the cause for respondents (Fox Rothschild, attorneys; Francis V. Cook, of counsel and on the … [;] ensure an increased awareness of safety . . . [;] [and] support an effective workforce diversity . . . program. In … in this case to show any corrupting influence on the determination to do a project labor agreement with the Trades …
- njcourts.gov… suitcase belonged to defendant. Unlike in Johnson, no facts support any other person’s ownership or possessory interest … -- is abandoned.” Id. at 226. We explained that the determination of whether Carvajal knowingly and voluntarily … formally abandoning case law suggesting “that the determination of whether property is abandoned is governed by …
- njcourts.gov… reliance on the subject pre-authorization letters further support Defendants’ arguments in favor of preemption. … coverage terms of the health care plan or require a determination as to whether those terms were properly applied … conditions of each Patients’ individual Plan, or how the determination of the same would not direct the Court’s inquiry …
- njcourts.gov… Subpoena on Bank of America Seeking Information Supporting [Goldberg's] Damage Claim. C. Even Assuming, … Proof of Damages as a Matter of Law. Stolker argues in support of his appeal: I. THE TRIAL COURT ERRED IN NOT …
- STATE OF NEW JERSEY VS. ZARIK ROSE (06-04-0377, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… renew his request to represent himself. In a certification supporting his PCR petition, defendant asserted, "The Court … a PCR court if he or she establishes a "prima facie case in support of post-conviction relief," there are "material … We therefore remand for an evidentiary hearing and a determination whether defendant waived his right to proceed …
- njcourts.gov… the cold record would be unable to make credibility determinations essential to resolving the case. Id. at 607. … the federal courts, we need not remand such discretionary determinations to a new trial judge. Rather, we may … when it appears that the statute of frauds may operate to support rather than to discourage the very wrong it was …
- FRED BONDA VS. CITY OF ELIZABETH, ET AL. (L-1979-13, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… that plaintiff had presented insufficient evidence to support a hostile-work-environment theory under CEPA. … this analysis because if there was sufficient evidence to support the jury's verdict, the … FRED BONDA VS. CITY OF …
- njcourts.gov… money from the Green Dot account. E. Summation In support of the contention that defendant did not commit the … court gives "great deference" to a trial court's determination on the admissibility of "other bad conduct" … a "clear error of judgment" to overturn the trial court's determination. State v. Castagna, 400 N.J. Super. 164, 182-83 …
- STATE OF NEW JERSEY VS. SIWAN R. BROWN (15-09-1253, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to those factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … to defer to clearly mistaken findings . . . that are not supported by sufficient credible evidence in the record." …
- njcourts.gov… with the process. He found no indication in the record to support a theory that either Satec or Honeywell would have … malpractice." Plaintiffs' counsel filed a certification in support of an application for attorney's fees and costs …