-
njcourts.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 …
-
njcourts.gov
… Donuts onto Taunton Road. This Zoning Board finding is supported by [B]oard members' personal knowledge of existing … do not "pay attention to those signs," although he cited no supporting data to substantiate this phenomenon or how … and for valid reasons [and] . . . [a] local zoning determination will be set aside only when it is arbitrary, …
-
njcourts.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 …
-
njcourts.gov
… presented in plaintiff's motion "convince[d him] that the determination the [c]ourt made on September 13[], 2019, should … knowledge of jurors and does not require an expert. In support, plaintiff relies primarily on Nowacki v. Cmty. Med. … 15 A-1794-19 At bottom, we are satisfied that a determination to the appropriate standard of care, and any …
-
njcourts.gov
… disqualifier." We review the trial court's "sentencing determination[s] under a deferential standard." State v. … the reasons for imposing the sentence and the factual basis supporting each aggravating and mitigating factor … second-guess a trial court's finding of sufficient facts to support an aggravating or mitigating factor if that finding …
-
njcourts.gov
… to the financial agreements, and that legislative history supported his conclusions of what he found was "an … law remains, we review that question de novo; the legal determinations of the trial court are not entitled to any … conclude the language of the financial agreements did not support the entry of summary judgment in favor of …
-
njcourts.gov
… facie case of a violation of the CRA, because the evidence supported a cause of action for a violation of his due … facie case of a violation of the CRA because the evidence supported a cause of action under the "state-created danger" … plaintiff contends the same facts and arguments raised in support of his state-created danger claim also establish a …
-
njcourts.gov
… once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate … 23 N.J. at 241). "Bald assertions are not capable of either supporting or defeating summary judgment." Ridge at Back … Ibid.; see DepoLink Court Reporting & Litig. 10 A-0035-21 Support Servs. v. Rochman, 430 N.J. Super. 325, 339 (App. …
-
njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … would weaken and distract from the stronger issues is supported by the PCR court's decision at the conclusion of … been different. We discern no error in the PCR court's determination that appellate counsel made an appropriate …
-
njcourts.gov
… of criminal attempt that were essential to the jury's determination of defendant's guilt on the robbery charge. Id. … 14 A-1978-14T3 We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] … factor eleven, and the weight assigned to each, are supported by the record. We therefore consider only …
-
njcourts.gov
… determining the Board's findings and conclusions were supported by "substantial credible evidence in the … We must determine whether the "board'[s] decision 'is supported by the record and is not so arbitrary, capricious, … 152 N.J. 309, 327 (1998)). The Board's decision must be supported by substantial evidence in the record, Ten Stary …
-
njcourts.gov
… against the person or property of another. This is further supported by the testimony that after the seizure of his … omitted). Moreover, the nature of a probable cause determination "'does not require the fine resolution of … or even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether …
-
njcourts.gov
… approval was lawful. The Board joined in that motion. In support of their motion, defendants submitted certifications … they had no real interest in the Neighboring Property. In support of that position, Goodman submitted an email, dated … each of the arguments. Cherokee's first two grounds for supporting its standing depend on it having an ownership …
-
njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … lack of 11 A-5620-14T3 inherently credible evidence to support the finding, obvious overlooking or under- valuation …
-
njcourts.gov
… are derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … as a matter of law.'" Ibid. (quoting R. 4:46- 2(c)). [A] determination whether there exists a "genuine issue" of … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, …
-
njcourts.gov
… and (4) the State failed to produce sufficient evidence to support a verdict of second-degree aggravated assault beyond … A FAIR TRIAL. POINT IV THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE CONVICTION FOR SECOND[-]DEGREE AGGRAVATED … an abuse of discretion standard to the trial court's determinations regarding claims of juror taint. State v. R.D., …
-
njcourts.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 …
-
njcourts.gov
… Retirement System (Board), affirming the Division's determination. We affirm substantially for the reasons … Passaic County PFRS employment. Recinos appealed the determination, and, on October 20, 2015, Kristin Bell, another … requested that the Board reconsider its decision. In support of his request, he submitted the purported expert …
-
njcourts.gov
… to be "extremely credible and consistent with other supporting documentation, including Milano's submission to … Specifically, the Board found the ALJ's credibility determination of Roberson to be "flawed" because the ALJ never … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
-
njcourts.gov
… on his own, and neither stumbled nor leaned on anyone for support. Sergeant Miller further testified, based upon his … State v. Nyhammer, 197 N.J. 383, 401 n.9 (2009). The determination of the voluntariness of a custodial statement … omitted).] We give "great deference" to a trial judge's determination on the admissibility of "other bad conduct" …