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- njcourts.gov… extent of the rights conveyed by an easement require a determination of the intent of the parties as expressed … "assures the public is excluded." We disagree the language supports plaintiffs' position that their recreation … nor the settlement agreement in the public trust litigation supports that claim. Accordingly, the jury in this case …
- A-1648-23 – STATE OF NEW JERSEY VS. AHJHIR K. JONES (22-06-0343, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… ELIGIBILITY FACTOR. c. THE [TRIAL] COURT'S DETERMINATION THAT THE DEFENDANT IS ELIGIBLE, DUE TO HIS … (2019), it asserts subsection (a)(5) requires objective determinations and does not require fact-finding or any … specific provisions of N.J.S.A. 2C:35-14, which in our view support the judge's conclusion that subsection (a)(5) refers …
- njcourts.gov… Practice of Medicine Doctrine, N.J.A.C. 13:35-6.16. In support of its claims, Allstate alleges that numerous … but not all, jointly represented defendants. III. "[A] determination of whether counsel should be disqualified is, as … of the complaint." Op. 552, 102 N.J. at 205. The critical determination is whether the jointly represented defendants …
- A-2637-22 – STATE OF NEW JERSEY VS. SHIQUAN D. BELLAMY (11-03-0348, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… that fact, and we are constrained by the trial judge's determination of credibility. In any event, the relationship … courts defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … assessment. Further, we concur with Judge Young's determination that the present situation is distinguishable …
- A-4049-17T2 Opinionnjcourts.gov… suggestibility is described as follows: [T]he determination [of impermissible suggestibility] can only be … when he testified before the PCR court "to provide further support for his claims of inadequate preparation and … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. Here, defendant fails to …
- A-1527-18T3 Opinionnjcourts.gov… the bid's contents. The judge found that the record did not support a finding that nondisclosure was warranted to … met. Accordingly, we affirm the judge's 22 A-1527-18T3 determination that N.J.A.C. 7:1D-3.2(c) does not bar … was greater than any interest in nondisclosure and her determination that plaintiff was entitled to access the …
- A-2623-17T2 Opinionnjcourts.gov… such statements, a "trial court must make a preliminary determination of whether there is independent proof of the … of evidence' independent of the hearsay statements supports the existence of the conspiracy and of defendant's … 404 (b) concerns about other crime evidence. It made no determination as to whether there existed substantial …
- A-3590-17T2 Opinionnjcourts.gov… the specter of potential inconsistent factual and legal determinations, not to mention the arguably wasteful … Supreme Court has expressed three "significant concerns" supporting preclusion under the entire controversy doctrine: … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy and …
- A-0899-17T1 Opinionnjcourts.gov… 1991)). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and … conviction. The judge provided a statement of reasons supporting his sentencing decision, the sentence is based on … Defendant's criminal record and the facts of this case support a life sentence. 29 A-0899-17T1 We have considered …
- DRB Annual Report 2020 Documentnjcourts.gov… recommending disbarment. In contrast, the Board’s determinations of appeals from dismissals of ethics grievances and of appeals from Fee Arbitration Committee determinations are final, with no judicial recourse. 2 The … adult day programs, and agency providing job placement, supported employment, and support coordination services. …
- A-29-23 Amicus Curiae Brief National Tax Lien Association Briefsnjcourts.gov… or constable seize defendant’s property (in one case childrens’ clothes and toys) without any notice or ability … is acquired by a private entity, not a government. “[A] determination whether a taking is ‘for a public use’ is … to early hostility to such titles, the policy today is to support them, thereby to aid municipalities in raising …
- njcourts.gov… character of the community and the potential for harm to children in the community of Highland Park." The Planning … room for state law to operate[.]" 246 N.J. at 29. The Court supported that determination by quoting the following language from the CSA: …
- njcourts.gov… another way, each of Sell's four prongs involves a legal determination as to whether: (1) "important governmental … deference to the trial court's factual findings that are supported by the record and reviewing de novo issues of law. … of federal circuits, that the motion court's legal determinations on a Sell application are reviewed de novo …
- njcourts.gov… ‘a sufficient number of times,’ the remaining issue for determination is whether the narration testimony will be … is indeed the same one previously captured on camera is a determination for the jury, not Det. Mahony. (Exhibit F). … investigation in this case and is expected to testify in support of the State’s alleged fire timeline. 27 Tilton – …
- njcourts.gov… factual findings "so long as those findings 8 A-0878-23 are supported by sufficient evidence in the record." State v. …
- njcourts.gov… law expressing a "variety of policy considerations in support of and in opposition to permitting attorneys to be … other jurisdictions. Nierenberg involved a trial court's determination of constitutionally-mandated just compensation …
- njcourts.gov… findings of" that trial judge, when such findings "are 'supported by sufficient credible evidence in the record.'" … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant[,] …
- FOLEY, INCORPORATED VS. AMERESCO, INC. (L-5205-23, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… "there [would] be a bill back for the supervision and support costs incurred for the project commissioning delays …
- ROBERT MOSS VS. SHAWN M. LATOURETTE, ETC. (L-1328-23, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… doctrine promotes its objectives of "conclusive determinations, party fairness, and judicial economy and … "[w]e review de novo the law guiding the trial court's determination as to the [application of the] entire … because its goal of restoring natural conditions is not supported by scientific research and "the [P]lan violates …
- njcourts.gov… decision regarding the validity of a local board's determination, 'we are bound by the same standards as the … the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … Twp. Plan. Bd., 407 N.J. Super. 1, 13 (App. Div. 2009). Determinations on questions of law in land use matters are …