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- njcourts.gov… sister were granted status under the Deferred Action for Childhood Arrivals (DACA), an immigration program announced … unauthorized aliens who entered the United States as children to apply for a two-year forbearance of removal, … 466 U.S. at 687. Bare assertions are “insufficient to support a prima facie case of ineffectiveness.” State v. …
- A-3512-17T1 Opinionnjcourts.gov… to the trial court's factual findings so long as they are "supported by sufficient credible evidence in the record." … on the evidence and to drawing any reasonable inferences supported by the proofs." State v. Dixon, 125 N.J. 223, 259 … on the evidence and to drawing any reasonable inferences supported by the proofs"). Although we believe the …
- A-2585-16T4 Opinionnjcourts.gov… and for reinstatement of the amended complaint. In support of the motions, plaintiffs submitted certifications … motions, 15 A-2585-16T4 had gone unanswered. There is ample support for the trial court's conclusion that the … 2016 order. There is nothing in the record 16 A-2585-16T4 supporting the proposition that defendants' counsel …
- A-1514-16T3 Opinionnjcourts.gov… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … to an investigation by the insurer of the claim and its determination 15 A-1514-16T3 of a proper course of action. …
- A-2360-18T2 Opinionnjcourts.gov… Realty moved for dismissal pursuant to Rule 4:6-2(e). In support, Fox certified that American Realty "had no notice … moved for reconsideration pursuant to Rule 4:49-2. In support, plaintiff's counsel certified that there were "two … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- A-1963-16T2 Opinionnjcourts.gov… THAT THERESA MACINAW LACKED WEIGHT AND RELIABILITY WAS UNSUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD. 1 … controlling" weight to the municipal judge's credibility determinations, because the municipal judge had the … for shoplifting. We also agree with Judge DeLury's determination that the decision against waiver reflected no …
- A-1627-18T4 Opinionnjcourts.gov… consciousness. Compton's family removed him from life support, and he died. After Compton was taken to the … 18 A-1627-18T4 D. The Sentence We review sentencing determinations under a deferential standard. State v. Grate, … the sentencing record, we find no error in the court's determinations of the aggravating and mitigating factors …
- A-5300-15T1 Opinionnjcourts.gov… uphold a trial court's factual findings so long as they are supported by sufficient credible evidence. State v. Hinton, … as alternative relief, and there is some precedent that supports a remand in cases – and I do not suggest this is … its case on the police report and the majority's implicit determination the current record does not justify the "search" …
- A-1331-16T3 Opinionnjcourts.gov… no proof of that fact in the record, other than her unsupported statement. 9 A-1331-16T3 Eisen that she maintained … September 20, 2016, plaintiff filed for reconsideration. In support of her motion, plaintiff filed her attorney's … alone were not the fully integrated agreement." In support of her argument, plaintiff 14 A-1331-16T3 relies …
- A-4456-17T4 Opinionnjcourts.gov… After seeing the weapon, the witness grabbed the two children who were with her and ran, hiding behind a car. … behavior established "a rational basis in the record to support the definition of reckless." The trial court … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
- A-4874-18T1 Opinionnjcourts.gov… disregard for the truth,' and those allegations must be supported by an offer of proof." Ibid. (quoting Franks, 438 … where it found that "ample information was provided to support the probable cause finding and the issuance of the … We disagree. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
- A-4781-16T1 Opinionnjcourts.gov… underlying its decision, "so long as those findings are supported by sufficient credible evidence in the record." … 192 N.J. 224, 243 (2007)). We defer to the credibility determinations of the trial court, particularly its review of competing factual testimony, because these factual determinations "are substantially influenced by [the trial …
- A-2563-16T4 Opinionnjcourts.gov… 2014 harmless and reject any suggestion that his testimony supported an inference by jurors that defendant had been … The Court specifically held "that where a timely, properly supported midtrial motion to poll the jury concerning … to himself or his dependents," because defendant had three children and a fiancé who relied on him and would suffer …
- A-2726-16T1/A-2729-16T1 Opinionnjcourts.gov… of issuing a single opinion, are from three final agency determinations by the Government Records Council (GRC) dated … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … W. Milford, 410 N.J. Super. 371, 379 (App Div. 2009). "[D]eterminations about the applicability of OPRA and its …
- A-4886-17T2 Opinionnjcourts.gov… 2018. The court stated that following submission of further supporting and opposing papers, the case would be scheduled … arbitrary or there is a lack of substantial evidence to support them." Glenpointe Assocs. 241 N.J. Super. at 46 … and dismissed the tax appeal complaint. The record fully supports these findings and conclusions. We discern no error …
- A-4055-17T3 Opinionnjcourts.gov… right to a speedy trial and there is no precedent to support a consideration of the statute of limitations in the … to a speedy trial, such failure will weigh against a determination that the right has been violated. See May, 362 … his failure to assert the right weighed "against any determination that the right was violated"). Defendants did …
- A-1991-15T1 Opinionnjcourts.gov… and LRG, or against LRG alone. The court found that any determination of this issue was subject to a piercing the … condominiums, thereby creating a "legacy" for his children and grandchildren. LRG remained inactive until … defendant. And so it's clear to me that the notes are not supportive of the notion that the corporate veil pierced; …
- A-0853-15T1 Opinionnjcourts.gov… TO A DRIVING ABSTRACT IS FOR SENTENCING, NOT FOR A DETERMINATION OF GUILT. We have considered these arguments in … 200 N.J. 547 (2009). Moreover, there is no authority to support the municipal court and Law Division judges' … added).] 15 A-0853-15T1 Both judges concluded the evidence supported a conviction for obstruction by "means of any …
- A-3443-20 - STATE OF NEW JERSEY VS. CALVIN L. GREEN (18-06-0562, GLOUCESTER COUNTY AND STATEWIDE) Opinionnjcourts.gov… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … to the error—no matter how inescapable the findings to support that verdict might be. Viewing the record as a … of McCausland was a significant factor in the jury's determination of guilt. As such we cannot announce it was …
- njcourts.gov… filed a motion to appeal his rejection from PTI with the support of the Morris County prosecutor. That motion was … Id. The trial court overruled the ineligibility determination and permitted Gomes to apply for PTI, directing … State v. O’Brien5, and other “extrinsic evidence6 [that] supports our reading of the statutes in question.” Id. at …