Filters
- A-5383-13T1 Opinionnjcourts.gov… (G.P.S.) Participation." The notice stated that a determination had been made to refer defendant for … the statement "I contest the allegation or the basis that supports the rationale for the referral to the G.P.S. … facts in dispute that need to be resolved by credibility determinations. Id. at 248-49. In the present case, on August …
- A-2531-20 Opinionnjcourts.gov… found plaintiff failed to "elicit[] any facts that could support a finding that defendant had actual or constructive … spill products sold in sealed containers is not enough to support a mode of operation[] charge." In Jeter, the … customer handling." 250 N.J. at 257. There was no evidence supporting an inference that any of the bottles in the …
- A-0875-19 Opinionnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … a motion to suppress to prove that a motor vehicle stop is supported by a reasonable and articulable 11 A-0875-19 … It is well-established that a trial court's factual determination based on its review of a video recording is …
- A-4641-19 Opinionnjcourts.gov… facts are derived from evidence submitted by the parties in support of, and in opposition to, the summary judgment … the Venture defendants in the first place. III. "[F]ee determinations by trial courts will be disturbed only on the … plaintiff is entitled to counsel fees under the CFA. Fee determinations begin with the calculation of the lodestar, …
- A-3943-18 Opinionnjcourts.gov… or any other reason justifying relief. A trial court's determination to grant or deny any relief under Rule 4:50-1 … 232 (Ch. Div. 2007). As with Rule 4:50-1, the court's determination will be left undisturbed unless it constitutes a … had been filed is baseless. PCH does not have any legal support for its claim that it retained an interest in the …
- A-3979-18 Opinionnjcourts.gov… a warrant, "a brief stating the facts and arguments in support of the motion shall be submitted with the notice of … police. Importantly, defendant never presented evidence to support his racial profiling claim. In State v. Segars, the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-2757-18 Opinionnjcourts.gov… the trial court's decision so long as the findings are supported by sufficient credible evidence in the record." … excessive sentence. "Appellate courts review sentencing determinations in accordance with a deferential 16 A-2757-18 … his imprisonment would facilitate hardship on defendant's children and family. The sentencing judge acknowledged these …
- A-0365-19 Opinionnjcourts.gov… N.J. Super. 396 (2005), another case plaintiff cited for support. There, the land use board denied the plaintiff … nothing in the record that indicates plaintiff sought a determination from DEP whether the proposed storage of her … (allowing a person to request "a written applicability determination" from DEP).6 As we noted, plaintiff sought to …
- A-4005-19 Opinionnjcourts.gov… affordable housing." The 2017 Reexamination report further supports the Master Plan goals and cited the need to provide … 101 N.J. 46, 52 (1985) (holding a board's factual determinations are entitled to "great weight" and should not … to support them"). However, a local board's "legal determinations are not entitled to a presumption of validity …
- A-4850-17T4 Opinionnjcourts.gov… v. Harvey, 151 N.J. 117, 205 (1997)). In making this determination, we give deference to the trial court, "which is … cousin and [she] cheated on [her] husband." Defense counsel supported this theory by asserting J.S.'s actions were not … He then contends that even if those aggravating factors are supported by the record, they should be given minimal weight …
- A-0009-17T3/A-0189-17T3 Opinionnjcourts.gov… light most favorable to the defendant when making this determination. State v. Mauricio, 117 N.J. 402, 412 (1990). … these principles, we conclude that the evidence amply supported an instruction on the lesser-included offenses of … on any charge and, therefore, there was no judicial determination that Gallardo committed a "prior bad act" as …
- A-0945-16T4 Opinionnjcourts.gov… Following review of the phase two application, and determination by the Commissioner that Ailanthus was a … decision arbitrary. C. There is not sufficient evidence to support the Commissioner's decision because Ailanthus put … of free public schools for the instruction of all the children in the State between the ages of five and eighteen …
- A-5173-16T4 Opinionnjcourts.gov… appeal, contending the record lacked sufficient evidence to support the conclusion that the jury used a present value … and speculative nature of the elements underlying such determinations." Ibid. We conclude the Court's holding in … you deem appropriate. I remind you that you are to make a determination on the amount of damages based on the evidence …
- A-5734-14T1 Opinionnjcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … or facts that are directly in issue and are necessary to support the judgment 9 A-5734-14T1 rendered in the prior … notice of plaintiff's claim was not an issue necessary to support the judgment against Dukureh, and Singer was …
- A-0611-15T3 Opinionnjcourts.gov… are prejudicial to the defendant and, more importantly, not supported by any evidence." The court continued: "[t]he … court determined "[t]he facts do not in any way provide any support for these assertions." After pointing out other … with the trial court that the assistant prosecutor's determination was based in large part on inappropriate and …
- A-2003-16T4 Opinionnjcourts.gov… evidence defendant had previously sexually assaulted children, on the grounds such evidence was "extremely … of defendant's altercation with the victim provided support for "motive, plan, intent, preparation, all of the … may review and modify a sentence when the trial court's determination was "'clearly mistaken.'" State v. Jabbour, 21 …
- A-0530-15T1 Opinionnjcourts.gov… biking, skating, and spending time with his wife and eight children. Plaintiff's activities have been limited since the … 4:40-1. "'[I]f, accepting as true all the evidence which supports the position of the party defending against the … cannot overthrow the jury's credibility 16 A-0530-15T1 determinations and findings of fact and then substitute her …
- A-0955-16T4 Opinionnjcourts.gov… others residing in defendant's apartment complex, including children. Hamilton Township police requested assistance from … assistance of counsel because there were enough facts to support the grand jury indictment. As a result, the judge … unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 …
- A-3295-14T1 Opinionnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of … and awarding 400 days of jail credit. We remand for a determination whether the certain persons sentence should be …
- A-3700-15T4 Opinionnjcourts.gov… that: (a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, … with defendant, and sought to show the evidence did not support Barksdale's claim that defendant was the key … (quoting State v. Bankston, 63 N.J. 263, 273 (1973)). In support of his argument, defendant cites the following …