-
njcourts.gov
… v. Johnson, 42 N.J. 146, 161 (1964)). Our review of legal determinations is plenary. See State v. Handy, 206 N.J. 39, 45 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … However, the Court provided in Chun that "there is ample support for the finding that the Alcotest is well-shielded …
-
njcourts.gov
… the court's findings of fact "so long as those findings are supported by sufficient credible evidence in the record." … There is sufficient credible evidence in the record to support the judge's determination that the plain view exception applied and the …
-
njcourts.gov
… defer to the court's factual and credibility findings when supported by sufficient evidence in the record. Locurto, 157 … and the State does not dispute the propriety of that determination on appeal. Instead, the parties' dispute centers … at 3-4. Finding sufficient support for the trial court's determination that defendant was subjected to unwarned …
-
njcourts.gov
… the post-trial proceedings, so long as they have credible support in the record. Rova Farms Resort, Inc. v. Inv'rs … where those findings depend on the court's credibility determinations made after observing the witnesses testify. … mismanagement" on the part of Thor and Lorraine have ample support in the record. The post-trial accounting that …
-
njcourts.gov
… violated, where competent and credible evidence does not support the statutory aggravating and mitigating factors, or … finding aggravating or mitigating factors. The record supported his conclusions. The judge's thoughtful 22 …
-
njcourts.gov
… from his girlfriend,3 with whom defendant has several children. 2 Miranda v. Arizona, 384 U.S. 436 (1966). 3 The … the judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … copies of their appellate submissions. Following the determination on remand, an aggrieved party may pursue further …
-
njcourts.gov
… history in this case is necessary to give context to our determination of defendant's appeal. The trial that led to the … (2014). In a later opinion, the Court disagreed with our determination as to the denial of suppression, but concurred … as the direct evidence and "the favorable inferences support the conclusion" that defendant, who was indisputably …
-
njcourts.gov
… 10 A-4600-17T2 arguments are made in favor or in support of the allegations, therefore summary judgment … that the Fund offered "[o]nly unsubstantiated arguments" in support of its allegations, did not address that conflict. …
-
njcourts.gov
… inference that the jury has affirmatively reached a determination on one or more factual or legal issues the trial … defendant does not proffer any exculpatory evidence to support his latter argument, but argues the evidence presented to the grand jury was insufficient to support its return. At oral argument, defense counsel told …
-
njcourts.gov
… have full power to hear the dispute and make a final determination, which shall be binding on both parties. The … those hours subject only to the appropriate supervisor's determination that such access does not interfere with the … 16 A-0328-15T4 so long as the contract, as a whole, supports the arbitrator's interpretation, the award will be …
-
njcourts.gov
… juror pay to make sure that those who actually need the support will receive it. 7 Conclusion As Professor Eddie … Field Study of the Presumptively Biased: Is There Empirical Support for Excluding Convicted Felons from Jury Service, 36 …
-
njcourts.gov
… because it lacked "a [p]roper [f]oundation" and was supported by only "[n]et [o]pinions[.]" As a corollary, … and did vigorously challenge the admissibility of evidence supporting plaintiff's claim for medical expenses under …
-
njcourts.gov
… contends the error was not harmless because disputed facts supporting his defense of misidentification were elicited by … all evidence presented at trial[,]" and to base their determination "on all of the evidence presented during the … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017); State …
-
njcourts.gov
… discretion of the trial court, and its 11 A-4169-15T4 determination will not be reversed on appeal unless there has … review, and submit to the court trial transcripts in support of defendant's motion for a new trial. Defendant … new trial, the trial court could only properly make this determination upon review of the record. Therefore, defendant …
-
njcourts.gov
… officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. To find … officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. N.J.S.A. …
-
njcourts.gov
… did not violate A.G.D. because, in its view, the record supported the trial court’s finding that Vincenty “was … findings of the trial court so long as those findings are supported by sufficient evidence in the record.” State v. … right against self-incrimination if, when making that determination, they have not been informed of the charges …
-
njcourts.gov
… his sentence, his guilty pleas also must be vacated. To support his argument, defendant claims he relied to his … that his factual basis was inadequate. I. The facts supporting defendant's guilty pleas are straightforward. On … right therefore was limited to the judge's downgrading determination. Nor did the State move for leave to appeal to …
-
A-3418-23 Briefs
Briefs
njcourts.gov
… at 359. Drury and Garretson are instructive in this case to support the conclusion that the robbery and carjacking … Div. February 7, 2008), is misplaced because that case supports the State’s position that the carjacking and … sentencing disparity claim is procedurally barred or unsupported, no equal protection violation has occurred. 15 …
-
A-34-23 Appellant Response To Amicus Brief
Briefs
njcourts.gov
… 2 POINT II THE EQUITIES OF THIS UNIQUE CASE SUPPORT PERMITTING APPORTIONMENT … resolution in a single lawsuit, rather than an incomplete determination of comparative negligence in New Jersey, followed by a redetermination of comparative negligence in New York. FILED, …
-
njcourts.gov
… recommendation are attached to this order. The additional supporting documentation in the certified record submitted … 2, 2024; 3. All material exhibits (Exhibits 1 through 8) in support of the tendered removal by consent; 4. Certification …