Filters
- njcourts.gov… in a single judgment of conviction." 4 A-0192-23 In his supporting certification, petitioner attested that he had … 20, 2023, petitioner filed a motion for reconsideration. In support of that motion, petitioner represented that after …
- njcourts.gov… SUPPLEMENTAL APPEAL BRIEF AND APPENDIX ATTACHED HEREIN IN SUPPORT OF THIS CURRENT APPEAL WERE NEVER ADJUDICATED ON THE … assistance. PCR counsel filed an amended petition and supporting brief, arguing: (1) trial counsel failed to move …
- Cheshun v. Sakind MON-C-66-23 Opinionnjcourts.gov… wherein she insisted that Press “stay[] away and only support[] what you and I ask for” and that Press “not get … the Brill standard to this motion, there is evidence to support or suggest a basis for Cheshun’s claim that Sikand …
- A-3523-22 – JENNIFER FRISCO VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) Opinionnjcourts.gov… Jennifer Frisco appeals from a final administrative determination issued by respondent Board of Trustees of the Public Employees' Retirement System (PERS). In that determination, the Board affirmed its prior decision denying … capricious, or unreasonable, or that it lacks fair support in the record." Allstars Auto Grp., Inc. v. N.J. …
- A-3983-22 – STATE OF NEW JERSEY VS. BRANDON A. BEVERLY (19-09-2304, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the court explained: "Even if there was evidence to support a contention the gun was observed only after police … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … v. Gamble, 218 N.J. 412, 425 (2014)). By contrast, the determination of whether those facts established an emergency …
- A-1418-23 – STATE OF NEW JERSEY VS. JESUS RODRIGUEZ (98-11-4417, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… defendant's family history, including a listing of his children and their ages. As to mitigating factors two, four, … 'legality.'" Id. at 47. Consequently, the law does not support defendant's argument. His convictions include four … State v. Torres, decided by our Supreme Court in 2020, to support his contention that the absence of reasons for …
- A-2629-18T2 Opinionnjcourts.gov… response constituted a false or fraudulent account. In support of that contention, the township attached a … proofs, plaintiff waived its right to a reasonableness determination. 7 A-2629-18T2 circumstances. 460 N.J. Super. at … omission of information based on its own 9 A-2629-18T2 determination that the withheld information would not have had …
- A-1358-18T4 Opinionnjcourts.gov… plaintiff $142,769 in attorney's fees "were so manifestly unsupported by the relevant and credible evidence presented … thirties when both were established in careers and have no children. Their marriage lasted eight years and eleven … unconscionable" positions "devoid of legal and factual support," including his "specious" Tevis claim, his "demand …
- A-0873-18T1 Opinionnjcourts.gov… advice as to the impact defendant's United States born children would have on the likelihood of deportation and if … testimony," we defer to the "court's findings that are supported by sufficient credible evidence in the record." … testified to the contrary, we defer to the PCR judge's determination that plea counsel's testimony was credible and …
- A-4541-18T1 Opinionnjcourts.gov… WEIGHT K.R.'S PSYCHIATRIC RECORDS AND INSTEAD MADE UNSUPPORTED INFERENCES TO MAKE K.R. APPEAR MORE CREDIBLE. … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … deference we must afford to a trial court's credibility determinations; we affirm substantially for the reasons …
- A-3818-16T3 Opinionnjcourts.gov… bidding, the trial court must review a public body's determination as to whether a bid was conforming to determine … is whether there is substantial evidence in the record to support the conclusion. Waste Mgmt. of 9 A-3818-16T3 N.J., … expressed by the SDA in its April 27, 2017 administrative determination, which is supported by sufficient credible …
- A-3269-16T2 Opinionnjcourts.gov… needed to conduct discovery in order to develop evidence in support of the motion, and defense counsel reminded … that Dr. O'Shea was at fault. Plaintiff's expert report supports an inference that the workers' compensation system …
- A-4681-16T2 Opinionnjcourts.gov… I. As a general proposition we defer to "factual findings supported by adequate, substantial, credible evidence." … "not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de … Super. 552, 568 (App. Div. 2013)). Generally, a court's determination under Rule 4:50-1 warrants substantial deference …
- A-1570-16T1 Opinionnjcourts.gov… of the trial court, " 'so long as those findings are supported by sufficient credible evidence in the record.'" … out-of-court identifications. The judge's findings were supported by sufficient credible evidence in the record of …
- A-0752-18T2 Opinionnjcourts.gov… that would have been helpful to defendant's position." In support of that claim, defendant cited to State v. Murphy, … upon "defendant's extensive criminal history[, which] supported a finding that there were no significant breaks in …
- A-2898-18T3 Opinionnjcourts.gov… arbitration. Plaintiffs rely on Price, 182 N.J. at 522, to support their arguments. In Price, the plaintiff was insured … efforts by plaintiffs. There are no facts in this case to support an equitable tolling of the statute of limitations' …
- A-0677-18T2 Opinionnjcourts.gov… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … "broad discovery of the evidence the State has gathered in support of its charges" is "automatic." State v. Scoles, 214 … 9 A-0677-18T2 observation that its prior "decisions lend no support to the notion that defendants must scavenge for …
- A-2460-18T2 Opinionnjcourts.gov… are ordinarily not disturbed unless 'they are so wholly unsupportable as to result in a denial of justice,' and are upheld wherever they are 'supported by adequate, substantial and credible evidence.'" … we conclude that the trial judge's factual findings are supported by sufficient credible evidence, and based on the …
- A-0143-16T1 Opinionnjcourts.gov… physical characteristics" between Scott and defendant to support defendant's claim of misidentification. On March 24, … "Monique and Carl Blanchard were witnesses that would've supported that." According to PCR counsel, Stuckey being … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
- A-4526-15T1 Opinionnjcourts.gov… TRIAL COURT OR CONDEMI GOING TO CREDIBILITY AND REQUIRING DETERMINATION BY A FACT-FINDER AS TO WHETHER CONDEMI … BASIS FOR LIABILITY IS ONE THAT REQUIRES A FACT-FINDING DETERMINATION AS TO BAUTISTA'S CONTENTION THAT CONDEMI … Super. 229, 233 (App. Div. 1995) ("[E]vidence submitted in support of a motion for summary judgment must be …