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- A-0265-20 Opinionnjcourts.gov… with DNA material on the black mask. The State submitted a supporting affidavit reciting the Family Dollar Store 5 … that is the interpretation, the reported results are -- I support them, agree with them and that is what I have to … the Code, the aggravating and mitigating factors are not supported by credible evidence, or the sentence is clearly …
- A-5524-18 Opinionnjcourts.gov… split-level home defendant shared with her husband and two children. State v. Lunney, No. A-0774-13 (slip op. at … do it, therefore 4 Defendant submitted a certification in support of her amended petition that she intended "to pursue … a diminished capacity defense, even if he had an expert to support it, which he didn't, "would make no sense," because …
- A-2240-20 Opinionnjcourts.gov… and applicable legal principles, we affirm. I. "[A] determination of whether counsel should be disqualified is, as … is the brother of the victim of the crime finds no support in our caselaw. The assertion also seeks relief that … try the case). 18 A-2240-20 Defendant's second argument in support of transferring venue is equally unavailing. There …
- A-3918-19 Opinionnjcourts.gov… complaint. The Pinnex Defendants asserted several grounds supporting dismissal, and the judge heard oral arguments … As noted, the Pinnex Defendants asserted other arguments in support of their motion to dismiss, the merits of which were … "De novo review applies when appellate courts review determinations about the enforceability of contracts, …
- A-1937-20 Opinionnjcourts.gov… findings by a Family Part judge are "binding on appeal when supported by adequate, substantial, credible evidence." … the court is "convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … behalf. 3 We accept those findings, which have substantial support in the record. See Cesare, 154 N.J. at 412. …
- A-2951-20 Opinionnjcourts.gov… to keep. Both cite the plain language of the agreement in support of their respective positions. As was agreed, … on this record, decide that issue with certainty. "The determination of whether a contract term is clear or ambiguous … A plenary review standard, even if limited to a legal determination, requires a full record or at least one more …
- A-2557-20 Opinionnjcourts.gov… juror's general knowledge, plaintiff's claim required the support of expert testimony. Because the deadline to produce … disposal system for any period of time. The record clearly supports the motion court's conclusion that given . . . the … granting summary judgement in defendant's favor was well-supported by the record and correct as a matter of law. Any …
- A-4858-18 Opinionnjcourts.gov… pro se. Defendant argued there was a lack of evidence to support his simple assault conviction. 10 A-4858-18 On May … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … there is substantial credible evidence in the record to support the Law Division judge's findings that defendant was …
- A-3189-18T4 Opinionnjcourts.gov… staying in the living room. The mother of one of McCoy's children testified that McCoy lived with her before his … bolstered the State's case by asserting, without evidential support, that police saw multiple people coming and going at … us [sic] what the facts are. So you have to make that determination as to those facts in this case." Defense counsel …
- 008076-2020 Opinionnjcourts.gov… reflective of the market), it is unable to find objective support for increasing the comparable’s sale price by … sale prices, and/or at “cost new less depreciation” to support the adjustment amount for the amenity or feature. … an adjustment for “parking deficiency,” was also used to “support yet another paired analysis based on location.” Id. …
- 014488-2015 Opinionnjcourts.gov… issues of material fact. Hence, the matter is ripe for determination in a summary manner. B. Relevant Legislative and … the farmer’s illness, did not produce income sufficient to support preferential treatment. Here, farming was abandoned. … conclude that Paolin, applied to the facts in this matter, supports plaintiff’s argument that there was no change from …
- 016504-2013, 012334-2014 Opinionnjcourts.gov… tax appeals challenging Union Township’s tax assessor’s determination and the 2013 and 2014 tax year assessments. … . [R. 4:49-2.] 4 Thus, a motion for reconsideration must be supported by “a statement ‘of the matters or controlling … the documents, agreements, and certifications submitted in support of, and in opposition to, the motions for summary …
- A-4369-16T4 Opinionnjcourts.gov… he may have elected not to testify at trial. In his supporting certification, defendant claimed the police … during closing arguments; and 3) retain a medical expert to support defendant's claim of self-defense. Defendant also … arguments. Judge Daniel's decision is fully 8 A-4369-16T4 supported by the record and is legally sound. We offer only …
- A-3968-14T1/A-0012-15T1 Opinionnjcourts.gov… the driveway at high speeds and defendants feared for their children's safety. Plaintiffs contended that constructing … claims in the first instance to the zoning board for a determination as to whether defendants had complied with that … made after a bench trial, so long as the findings are supported by substantial credible evidence. Rova Farms …
- A-2281-14T4 Opinionnjcourts.gov… Brielle defendants filed a motion for summary judgment. In support of their motion, the Brielle defendants filed a … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as … of a discovery matter, provided 16 A-2281-14T4 its determination is not so wide of the mark or is not 'based on a …
- A-0737-15T4 Opinionnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … We agree. At the outset, we concur with the trial court's determination that the police were justified in relying upon … ("[A] group of innocent circumstances in the aggregate can support a finding of reasonable suspicion."). Applying these …
- A-0683-15T1 Opinionnjcourts.gov… assistance of counsel" without providing specific facts to support his claim. Following court assignment of PCR … had been poorly worded. In light of this court's determination, the PCR judge found defendant failed to meet … the motion judge's decision was based on credibility determinations defendant "fail[ed] to 8 A-0683-15T1 …
- A-2111-15T2 Opinionnjcourts.gov… trial, we address that claim before discussing the evidence supporting defendant's conviction and sentence. The jurors … gave Colon to secure her testimony, such as removal of her children from her care and prosecution if she lied or … from part to part, there's a risk of serious crime." That determination was not an impermissible double-counting of an …
- A-0585-18T3 Opinionnjcourts.gov… 57 (1999) (quoting N.J.S.A. 40:55D-70(d)). Here, the record supported the Board's finding that a (c)(1) hardship … when only thirty feet was required. The record also supports the Board's grant of the (c)(2) variance. The grant … as it does not undermine the fairness of the Board's determination to grant the variance. Affirmed. … a0585-18.pdf …
- A-0176-19T2 Opinionnjcourts.gov… in N.J.S.A. 2A:24-8 and -9; or (3) the award is not supported by substantial credible evidence in the record as … factors . . . . PERC's findings and conclusions are amply supported by the analysis in the award. The PBA may object … which are ordinarily or traditionally considered in the determination of wages, hours, and conditions of employment …