-
njcourts.gov
… the crosswalk when the pedestrian entered the crosswalk. In support of her argument, defendant relies upon the MVC's … 39:4-36(a). The judge merely referenced evidence, which supported the conclusion that defendant had sufficient time …
-
njcourts.gov
… publish research papers in the [the Journal.] He provided a supporting certification for "Default Judgment." In his … has cited no language in either of these decisions that supports his assertion another court found the Association's …
-
njcourts.gov
… an order granting summary judgment to the City. The court supported that order with a written opinion. In its … not palpably unreasonable, and does not require a jury determination. See Maslo, 346 N.J. Super. at 351. 9 … N.J.S.A. 59:2-3(d) establishes immunity for discretionary determinations concerning the use of public resources. In …
-
njcourts.gov
… THE UNCORROBORATED ALLEGATIONS OF THIRD PARTIES OFFERED IN SUPPORT OF THE SEARCH WARRANT APPLICATION WERE SUFFICIENT, … at 238). 8 A-3493-17T1 Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
-
njcourts.gov
… Scope of Review The scope of our review of a final agency determination by PERC is limited. City of Jersey City v. … intent, we apply a deferential standard of review to determinations made by PERC." Ibid. (citing In re Hunterdon … arbitrary, capricious, or unreasonable, the findings lacked support in the evidence, or there was a violation of PERC's …
-
njcourts.gov
… Jerejian that defendants produced no competent evidence supporting that they timely accepted the August 2014 loan … opposition to an uncontested foreclosure. 8 A-2937-17T3 In support of its motion for summary judgment, plaintiff's vice …
-
njcourts.gov
… conclude that Judge Cresitello's factual findings are fully supported by the record and, in light of those facts, his … by plaintiff's argument that the judge erred in his determination that distance was not a relevant criterion. Plaintiff's reliance on § 150- 41(J)(2)(f) to support its assertion is misplaced. That section of the …
-
njcourts.gov
… attorney. The court also found insufficient evidence to support defendant's claims his counsel did not investigate … have pleaded guilty. We defer to the court's credibility determination because it had the ability to hear and see the … We defer to the PCR court, who based its credibility determination on the host of inconsistencies testified to by …
-
njcourts.gov
… of the account's distribution. Defendant stated in her supporting certification that shortly after the JOD was … made by a trial court when such findings are 7 A-2353-17T1 supported by adequate, substantial, and credible evidence. … court's factual findings when they are "so manifestly unsupported by or inconsistent with the competent, relevant …
-
njcourts.gov
… that the trial court's ruling on the speedy trial motion is supported by sufficient, credible evidence in the trial … factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
-
njcourts.gov
… DIVISION DOCKET NOS. A-1361-17T1 A-4119-17T1 JASON FAIRCHILD, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE … 47 (App. Div. 2019), which was issued after the agency's determination, we conclude there is no merit to petitioners' … the bill, which became N.J.S.A. 43:16A-5(3), to support their reading of the statute. The statement …
-
njcourts.gov
… still applies to "the assignment judge's sentencing determination under section 6.2 for a first-degree or … judge, has the statutory authority to make such a determination." (citing N.J.S.A. 2C:43-6.2)). He argues the … State contends otherwise. A fair reading of the transcript supports defendant's argument. After asking the prosecutor …
-
njcourts.gov
… Commissioner under N.J.S.A. 40:41A-145.2. 6 A-1511-20 In support of their position, plaintiffs largely relied upon … Here, however, we do not know which candidate had the support of the popular will of the voters. That is because … we discern no basis for disturbing Judge Marczyk's determination and we affirm for the reasons set forth in his …
-
njcourts.gov
… In any event, plaintiff has not offered any evidence to support his cursory contention that extraordinary … but failed to do so. We are convinced that the record supports the judge's determination that plaintiff did not provide a reasonable …
-
njcourts.gov
… we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … We will uphold the trial judge's decision so long as it is "supported by sufficient credible evidence" and not "so … Given our deference to the trial judge's credibility determinations, we cannot disagree. As a result, the seizure …
-
njcourts.gov
… penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with conditions. Haley … guaranteed by the federal and state constitutions." To support her argument, Haley argues her driver's license "is …
-
njcourts.gov
… any meaningful findings of fact or conclusions of law in support of the order, we are constrained to reverse and … the motion judge reiterated that he "ha[d] already made a determination that the arbitration agreement is clear and that … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
-
njcourts.gov
… defendant also filed, through PCR counsel, a brief in support of his petition. In the brief, he argued that his … hearing when he "has presented a prima facie [claim] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
-
njcourts.gov
… his Miranda[1] rights were violated, and he has three small children for whom he cares. Defendant provided no facts to support a colorable claim of innocence, demonstrated no flaw … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
-
njcourts.gov
… If there are materially disputed facts that could support the legal requirements for liability, the motion for … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). With this in mind, we conclude the trial …