-
njcourts.gov
… second petition. It explained defendant offered no support that his first PCR counsel was not truthful … on the merits. He has not presented sufficient evidence supporting his bald assertion that there is a reasonable …
njcourts.gov
… judge determined there was "no evidence . . . that would support a finding" defendant "had previously said . . . he … at 380-81). However, "[t]o the extent that a trial court determination involved legal conclusions, we review those … v. O.D.A.-C., 250 N.J. 408, 425 (2022) (noting that the "determination of the validity of a waiver . . . is a legal, …
njcourts.gov
… indicate the appropriateness of that charge. The evidence supporting a lesser-included charge must “jump[] off the … may be circumstances in which the evidence adduced at trial supports a charge on assault as a lesser-included offense of … sifted through the record” 10 to piece together “an unsupported combination of facts and inferences it deemed …
njcourts.gov
… appeal. He also filed a motion for bail pending appeal. In support of his request, defendant argued for the first time … to this appeal, and another for bail pending appeal. In support of his request, defendant argued for the first time … on the law’s plain language and legislative history for support, and claims that its reading of the statute is …
njcourts.gov
… inheritance tax assessment. The Division issued its final determination that the full fair market value of the marital … Court discusses and finds inapposite the cases advanced in support of the argument that the property at issue here … as tenants by the entirety and conveyed by deed to their children while retaining the properties for life. 306 F.2d …
njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … . . . [W]e do not accord appellate deference to a judge's determinations upon the issuance of a telephonic warrant when those determinations lack the assurances of trustworthiness . . . we …
njcourts.gov
… to address whether the evidence presented by plaintiff supports a consumer fraud claim against defendant bank, and, … of the check is prima facie evidence of payment." Ibid. To support her argument that the CFA can apply in the face of … its provisions. Plaintiff seizes on this language to support her argument that the CFA applies to her specific …
njcourts.gov
… unless the court has abused its discretion, or its determination is based on a mistaken understanding of the … brief and relies on its brief and appendix filed in support of its motion for leave to appeal. Defendant … defendant's reciprocal discovery obligations was a legal determination and interpretation of law to which we owe no …
njcourts.gov
… that the legislative history surrounding N.J.S.A. 56:8-2.11 supports that limited reading. In Springpoint’s view, the … this Court affords no special deference to the legal determinations of the trial court.” Templo Fuente De Vida … or baby food, N.J.S.A. 56:8-2.27(a); placing unsafe children’s products “in the stream of commerce,” N.J.S.A. …
njcourts.gov
… draft brief prepared by former counsel for [p]laintiff" to support his faulty argument that Judge Tarantino made the … 739, 746 (1989)). "[I]f the complaint states no claim that supports relief, and discovery will not give rise to such a … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,' or if …
njcourts.gov
… result. Neither those cases nor the legislative history supports the reduction of statutorily prescribed limits when … minimum of $15,000 in medical expense benefit coverage." In support of their motion, plaintiffs relied on our decision … no-fault statutory scheme" by reinstituting judicial determinations of fault. Id. at 514. The Court explained that …
njcourts.gov
… by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … of the additional voters' signatures they procured in support of their petition after it was filed and that these … facts of Edwards' shoplifting offense prior to making any determination. We disagree. N.J.S.A. 2C:51-2(a) authorizes …
njcourts.gov
… go into the alleyway, the assailant addressed Q.D. with his childhood name, and told Q.D. that he could leave. When A.T. … . . . 2019, defendant filed a "Supplemental Addendum in Support of P.C.R. Petition" [arguing] . . . the trial court … JURY REGARDING COUNTS FIVE, SIX, TEN[,] AND ELEVEN, THE DETERMINATION OF GUILT WAS NOT RELIABLE. B. IF DEFENDANT'S …
njcourts.gov
… On November 12, 2019, Ana filed a certification in support of a further stay of eviction, stating she has "not … are not going to be cashed," the court did not make any determination as to whether all the rent due was paid as … 139 N.J. Super. 311, 313 (Law Div. 1976)). A court's determination under Rule 4:50-1 "warrants substantial …
njcourts.gov
… Lynch Ford's findings following the bench trial are amply supported by competent evidence in the record, we affirm. … plaintiffs' arguments are entirely without merit, having no support in either the facts or the law. The fatal weakness … and block number. What seems clear is the Legislature's determination that identifying a proposed boundary by a common …
njcourts.gov
… position is correct, defendant has provided no proof in support of its claim that only ten to fifteen percent of … the issuer of the instrument.") (emphasis added). This determination of apparent intent can be made even if the payee … There are sufficient facts to support the trial court's determination that RCD believed in good faith that checks from …
default
… guessing at its meaning and application." In further support of this argument, Speedway contends that the State … be reinforced by "the existence of an 'emergency'" and a "determination that the industry regulated is 'affected [with] … Ports Petroleum Co., 916 S.W.2d at 755. In making its determination, the Court employed a test adopted by the …
default
… not be deported." In his October 13, 2017 affidavit in support of his petition, defendant asserted that he "would … undesirable uncertainty fostered by unlimited relitigation support the enforcement of a time bar on petitions." Ibid. … defendant that he was subject to mandatory deportation.3 In support of its claim that defendant's petition is time …
default
… . . . [and] committed professional malpractice . . . ." To support their counterclaim, defendants filed an Affidavit of … The trial court's interpretation of the AOM statute is supported by its plain language. The AOM statute requires … 216, 238-39 (2016) (permitting a dentist's affidavit to support allegations that an orthodontist negligently treated …
default
… fifty-dollar bill. Holmes, who has known defendant since childhood, observed blood on his sneakers and t-shirt. After … 15 A-0413-16T4 The only evidence presented at trial to support defendant's theory that Nunez solely attacked S.L. … 21 A-0413-16T4 We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] …