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- 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-0850-21 - STATE OF NEW JERSEY VS. KAREEM T. TILLERY (14-06-0497, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… policies, and the sergeant's direction not to "touch it" supported the defense's argument that the handgun belonged … had suffered any prejudice. Those findings are all amply supported by evidence at the PCR hearing. Moreover, the …
- A-2692-21 - SILVESTER AND YONGJIE TUOHY VS. DIRECTOR, DIVISION OF TAXATION (TAX COURT OF NEW JERSEY) Opinionnjcourts.gov… of the resident credit. Following a hearing and final determination from the Director, the Tax Court affirmed the … protest, and the Director issued another final determination affirming the 2017 deficiency notice. … as they had in opposition to summary judgment, did not support their positions with legal authority, and merely …
- njcourts.gov… Employees' Retirement System (PERS). The Board upheld a determination by the Division of Pensions and Benefits … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & … (2) whether there was substantial evidence in the record to support the agency's decision; and (3) whether in applying …
- A-2528-21 – STATE OF NEW JERSEY VS. LEWIS HOOPER (13-06-0768, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… the hearing, the court found the evidentiary record did not support a charge on self-defense and barred defendant from … pursuant to State v. Sugar, 84 N.J. 1 (1980). Defendant supported that last claim with a certification from his … video was played at [his second] sentencing in front of children without warning." Judge Flynn denied the petition …
- njcourts.gov… DEVELOPED. "The scope of appellate review of a commitment determination is extremely narrow and should be modified only … "[A]n appellate court should not modify a trial court's determination either to commit or release an individual unless … We are convinced sufficient credible evidence in the record supports the court's determination that discharge with …
- njcourts.gov… the sexual assaults he committed against two female children, are fully recounted in our 2019 decision that … opinions." Judge Smith's conclusion on this point was well supported by the record. Kunz and Polhamus fully explained … of the relevant issues, and their conclusions were firmly supported by the facts in the record. See 2 Indeed, the …
- A-0229-22 – MAUREEN ROBINSON VS. JACOB PLAWNER, ET AL. (SC-000355-22, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… an appeal from a bench trial. We "review a 'trial court's determinations, premised on the testimony of witnesses and … 411 (1998)). "[W]e defer to the trial court's credibility determinations, because it '"hears the case, sees and observes … that those findings and conclusions were 'so manifestly unsupported 6 A-0229-22 by or inconsistent with the competent, …
- A-3365-20 – STATE OF NEW JERSEY VS. MICHAEL A. KINSELLA (15-02-0113, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … set forth in Judge Ironson's opinion, which is amply supported by the record. In short, we discern no basis to …
- A-0053-21 – DEEGAN ROOFING, INC. VS. RICHARD BAHADURIAN (L-0145-18, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… We need not consider the discovery issues in light of our determination regarding the arbitration award. 3 A-0053-21 … an affidavit of services and appropriate documentation to support its request for counsel fees. Defendant was … declined to consider as they are moot in light of our determination regarding the arbitration award. Our review of …
- njcourts.gov… bound to accept the trial court's fact findings if they are supported by substantial credible evidence. In re Return of … of imprisonment of not more than a year. In making his determination, the trial judge explained "[a] conviction in … under N.J.S.A. 2C:58-3(c)(3) and given the trial court's determination he is not subject to any other disability under …
- njcourts.gov… not accompanied by the filing fee and his certification in support of a fee waiver because it was not complete.2 … with no home insurance." In his certification in support of a fee waiver, defendant asserted he was without …
- A-0836-22 – STATE OF NEW JERSEY VS. GABRIEL L. GREENE (22-0001, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… fully informed of the consequences. Moreover, we find no support for defendant's argument that he is entitled to … days after he was arrested. First, nothing in the record supports defendant's argument he was in any way confused, …
- njcourts.gov… also contended plaintiff had not proffered any evidence to support his claim that a pothole on the property caused the … to do the work is not material to the summary judgment determination. Defendant was not responsible for controlling … of his accident and injuries. The summary judgment order is supported by the credible evidence in the record. Affirmed. …
- A-0324-22 – STATE OF NEW JERSEY VS. JOSHUA MALMGREN (12-11-0748, CAPE MAY COUNTY AND STATEWIDE) Opinionnjcourts.gov… the trial court's decision, arguing the blood draw was not supported by the evidence and that his sentence 4 A-0324-22 … we have not expressly addressed any arguments made in support of defendant's appeal, we have determined they are …
- A-3978-21 – STATE OF NEW JERSEY VS. CORTNEY L. PARNELL (20-02-0187, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… On January 3, 2021, defense counsel filed a brief in support of that motion arguing defendant "felt compelled to … denying defendant's motion to withdraw his guilty plea supported by a written opinion. On January 7, 2022, …
- A-2565-23 – AIYONNA DANIELS VS. CHAUNSA BUSSEY, ET AL. (L-1661-21, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… an "unmarked crosswalk" was neither factually nor legally supported by the evidence, the trial judge analyzed the … be considered an "unmarked crosswalk." Noting this legal determination stemmed from a "very fact-specific inquiry," the … principles, we discern no error with the judge's legal determination that the intersection in which the accident …