njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … 2C:3-4(a). "If a 'self-defense charge is requested and supported by some evidence in the record, it must be given. …
njcourts.gov
… facts; and all other matters of the evidence which serve to support or discredit the witness' testimony." The trial … occurred." See Atwood, 232 N.J. at 444. The trial court's determination on this issue is underpinned by Soulias's … charge addressed the jury's fact-finding and credibility determinations, which was substantively the same. The trial …
njcourts.gov
… so long as sufficient credible evidence in the record supports those findings.") (citing State v. Elders, 192 N.J. … so earlier. The extent of the officer's inquiry was further supported because the vehicle did not belong to defendant; … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
njcourts.gov
… by a pursuit" prior to the enactment of subsection (c), support a broad interpretation of the immunities provided in … several alternative arguments it raised before the court in support of its summary judgment application. Specifically, … to file a cross-appeal to raise alternative arguments supporting the judgment in its favor. See State v. Watson, …
njcourts.gov
… on the Association's internal review of the signatures supporting Petition One. According to the email, Petition … "come back to [the Board] with the appropriate 9 A-1175-22 support." Additionally, counsel argued it would be improper … Petition Two. More importantly, we agree with the judge's determination that plaintiff's ambiguous and vague language in …
njcourts.gov
… the latest of which was within ten years of the robbery. In support of the State's request for an eighteen-year … we reversed the adjudication, because the record did not support a finding that L.W.'s conduct established he … v. Cassady, 396 N.J. Super. 392, 395-97 (App. Div. 2007) in support of his argument. In that case, the defendant handed …
njcourts.gov
… State v. Jenkins, 321 N.J. Super. 124 (App. Div. 1999), in support of his argument that he was entitled to a directed … most favorable to the State, there was abundant evidence to support defendant's convictions of first-degree robbery. Those proofs supported the jury's finding that he took the Lexus …
njcourts.gov
… a verdict." Further, the judge found "no evidence to support [plaintiff's] claim" that "jurors lost interest in … 225 N.J. 373, 397 (2016)). Our review of a trial judge's determination on a motion for JNOV, pursuant to Rule 4:40- … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the …
njcourts.gov
… of the sale proceeds be held in escrow pending its determination of the amount Garden State was to be paid out of … Cucaro produced no evidence, such as medical records, to support his alleged inability to respond to the complaint. … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
njcourts.gov
… claims. In DYMS's statement of undisputed material facts in support of its motion for summary judgment, DYMS asserted … complaint should be laid alongside the policy and a determination made as to whether, if the allegations are … Motorists Ins. Co., 128 N.J. 188, 197 (1992). "A later determination that the claim against the insured is without …
njcourts.gov
… and for any other relief the [c]ourt deems equitable." In support of the motion, Ruslan certified his "wife 6 … order. 12 A-2549-22 We similarly "review a 'trial court's determinations, premised on the testimony of witnesses and … 182 (2013)). "[W]e defer to the trial court's credibility determinations, because it 'hears the case, sees and observes …
njcourts.gov
… the jury. Am. Cyanamid Co., 155 N.J. at 568 ("if the proofs supporting the position of the non-moving party and the … on production costs and the range of consumer choice support our determination. Restatement § 2 cmt. f. As previously …
njcourts.gov
… Gupta provided in two certifications to the trial court in support of his motion to quash, which the Receiver contended … In his first certification, made in September 2020, in support of quashing the subpoenas, Gupta certified ANM had … a new fee certification. The Receiver submitted invoices in support of his fees and costs certification outlining a …
njcourts.gov
… and either first-degree or second-degree robbery can support a felony murder offense when, as here, the robbery … robbery alternatively can supply the predicate offense to support a felony murder conviction. N.J.S.A. 2C:11-3(a)(3); … found him guilty of aggravated manslaughter simply to support a felony murder conviction. Looking, as we must, at …
njcourts.gov
… factual and expert testimony at the Board hearing in support of its application. One objector participated in the … Terrence Vogt, reviewed RD Lakewood's submission in support of its development application and issued an … Id. at 237. This is "so that they may make an informed determination as to whether they should participate in the …
njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record 11 A-5574-16T4 and … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing 12 …
njcourts.gov
… defendant acknowledged they "remained friends." In support of his counterclaim, defendant said his reputation … an appellate court evaluates a trial court's evidentiary determinations with substantial deference[,]" and affords them … in original) (citation omitted). The trial court's determination will be affirmed "absent a showing of an abuse …
njcourts.gov
… I. Defendant cared for her mother, B.S., and financially supported her from October 2010 until B.S. was admitted to … determined defendant met her burden under Rule 4:46-2 to support her counterclaim by submitting sufficient evidence … to enforce provisions of [N.J.S.A. 30:13-3.1]." Ibid. In support of her argument, defendant relies on Ptaszynski v. …
njcourts.gov
… working, [he has] a strong family behind [him] and [he has] children that [he was] supporting. On count three, the judge sentenced defendant to … Thompson's testimony as a lie and leave the determination to the 19 A-5552-16T4 jury. Notwithstanding, …
njcourts.gov
… "all of the buildings together as a collective . . . don't support . . . any assembly use," and determined plaintiffs … and rendered an oral decision reversing the Board's determination. The court interpreted "assembly" under … conditional use variance. The court reversed the Board's determination, granted plaintiffs' application, issued an …