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- njcourts.gov… and Stringer joined that motion to include count one. In support of Wade's motion, his counsel submitted a … Neither Stringer nor his attorney filed a certification in support of the motion to dismiss. Both defendants do not … relies on a purely legal question . . . we review that determination de novo."). To place the issues in context, we …
- njcourts.gov… vary the unambiguous lease terms; made incorrect factual determinations to conclude Global LLC could enforce the … "[r]atified" the lease as to Global LLC without adequate support in the record; relied on White v. Dvorak, 896 P.2d … as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- A-2068-21 – STATE OF NEW JERSEY VS. KURT V. SMITH (19-01-0059, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… was loose. Defendant argues, taken together, this evidence supports his theory the fire was accidental. Defendant … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … of the testimony of Captain Letts with regard to the determination that the fire was intentionally set. That will …
- njcourts.gov… the other co-defendants in violation of RPC 1.7(a)(2). In support of their argument, plaintiffs noted that at … triggering the need for independent counsel. II. "[A] determination of whether counsel should be disqualified is, as … of the complaint." Op. 552, 102 N.J. at 205. The critical determination is whether the jointly 24 A-0711-24 represented …
- A-3254-22 – STATE OF NEW JERSEY VS. FRANCIS TATTOLI (17-09-1215, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… of motive, and lack of any attempt to cover up the crime supported an intoxication defense and the State failed to … asserts there was no evidence presented at trial to support the theory that Monet was sexually assaulted, nor … video evidence suffices to support the sentencing judge's determination to find factor one. Second, defendant asserts …
- STATE OF NEW JERSEY VS. CLARENCE WILLIAMS (17-09-0893, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to Rule 3:9-3(f). In that regard, the record does not support the prosecutor or court would have agreed to or … we have not expressly addressed any arguments made in support of defendant's appeal, we have determined they are …
- STATE OF NEW JERSEY VS. LATASHA M. BAKER (12-08-2188, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… claims if a defendant has presented a prima facie claim in support of" PCR. Ibid. (quoting Preciose, 129 N.J. at 462). … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … [regarding what the] investigation would have revealed, supported by affidavits or certifications based upon the …
- STATE OF NEW JERSEY VS. STEFAN S. VASSALLO (22-02, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… POINT III: THE DE NOVO COURT ERRED BY MAKING FINDINGS UNSUPPORTED BY THE RECORD. 6 A-2416-23 II. "We review the … Was there sufficient credible evidence in the record to support the trial court's finding that the State failed to … on the record the right to appeal from the adverse determination of any specified pretrial motion.'" State v. …
- njcourts.gov… to seven minutes. Defendant relied on this testimony in support of his argument that had Dunn reviewed the … to establish ineffective assistance of counsel, are well supported by the record. Affirmed. … STATE OF NEW JERSEY VS. …
- njcourts.gov… issues. The arbitrator denied the STFA's grievance as unsupported by the evidence, finding: it [is] clear from the … committed a mistake of law" in failing to confine his determination to the four corners of the agreement, and … debatable standard if it is "'justifiable' or 'fully supportable in the record[.]'" Policemen's Benevolent Ass'n, …
- njcourts.gov… its de novo review of an appeal from a municipal court determination, we "consider only the action of the Law … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … assertion, we discern no error with the Law Division's determination that defendant's motion to dismiss was properly …
- njcourts.gov… ground and reduc[ed] the bearing capacity of the soil to support the weight of the concrete slab. This result[ed] in … settling was negligible. We agree with the trial court's determination plaintiff could not demonstrate the settling was … to the sidewalk. Thus, we agree with the trial judge's determination Scanlon was not liable to plaintiff for her …
- njcourts.gov… a business entity. Defendants rely on County of Passaic to support their argument that the waiver requirement is not … But there was no evidence in the meager record to support those findings. The record before the trial …
- njcourts.gov… 21, 2022, the court entered an order granting NJM's motion supported by an oral opinion. The court found discovery left … "under the same standard that govern[ed] the court's determination." Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … However, we give no deference to a trial court 's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union …
- njcourts.gov… in the 8 A-1740-22 course of providing medical services in support of the State's response to the outbreak of … or healthcare facility or a health care system to support efforts to treat C[ovid]-19 patients and to prevent …
- njcourts.gov… on August 11, 2022, denying defendant's petition. In a supporting oral decision placed on the 6 A-3876-21 record on … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
- STATE OF NEW JERSEY VS. BRANDON BAUTISTA (22-02-0206, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by … in maintaining DNA and 10 A-3126-22 fingerprint records to support criminal prosecutions State-wide. Our Supreme Court …
- njcourts.gov… cause (OTSC), seeking a thirty-day stay of the eviction. In support of the OTSC, McNett's mother, Mary McNett, submitted … evidence from a third person or some other evidence" to support their application to extend the time to exercise the …
- njcourts.gov… the court rule on which they based their motion. In support of the motion, defendant submitted several documents … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,'" Mac … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
- njcourts.gov… Inc. Petitioner contends the court made factual findings unsupported by the record, misapplied controlling caselaw, … (1922); and Hall v. Doremus, 114 N.J.L. 47 (Sup. Ct. 1934), supported his claim. Judge Robertson explained "[i]n all of … There is substantial credible evidence in the record to support the judge's factual findings, and his understanding …