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- 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-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-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-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-1931-20 Opinionnjcourts.gov… been vacated under Rule 4:50-1(a). "The trial court's determination under [Rule 4:50-1] warrants substantial … delay, bad faith is established by showing no valid reasons supported the delay. In either case (denial or delay), … the insurer's agents to kill the insured and the insured's children . . . ." [Endo Surgi Center, 391 N.J. Super. at 595 …
- A-0991-20 Opinionnjcourts.gov… 12 A-0991-20 A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … N.J. 114, 125-26 (2007). Post-crime consciousness of guilt supports "a logical connection 14 A-0991-20 to a desired … of a consciousness of guilt[,]" but need not "unequivocally support a reasonable inference" of the defendant's guilt. …
- A-1604-20 Opinionnjcourts.gov… potential and the fact that SSDI benefits would help support Jerry. Sam submitted an opposing certification. … directing that all of her counsel fees be paid by Sam. In support of his argument, counsel relied on Yueh v. Yueh, 329 … disrupted co-parenting efforts; (2) the Family Part determination that Dana had interfered with Sam's parenting …
- A-4934-18 Opinionnjcourts.gov… RECORD, AND BECAUSE IT DID NOT PROPERLY CONSIDER EVIDENCE SUPPORTING MITIGATING FACTORS TWO, FOUR, AND SIX. As noted … Id. at 195. Specifically, this court found the "determination of the degree of the crime" to be an "essential … the trial court at the suppression hearing, including its determination that the testifying officer, Detective Hudson, …
- A-0100-20 Opinionnjcourts.gov… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991). … whether the facts and circumstances shown by the evidence support any inference, and you are always free to accept or … court found nothing in the totality of the circumstances to support defendant's claim that she was too intimidated to …
- A-2726-20 Opinionnjcourts.gov… record. The parties were married in August 1996 and had no children. On April 10, 2015, plaintiff filed a complaint for … Defendant disputes the whole notion of forgery as unsupported by any evidence. Significantly, defendant 7 … particular points that work most significantly in our determination that none of plaintiff's arguments have merit. …
- A-0676-19 Opinionnjcourts.gov… the circumstances surrounding the video in making that determination. Defendant raises the following points on … and not by the fact that police have probable cause to support an application for such a warrant." State v. Cotto, … how to treat the video evidence and left the ultimate determination of the facts and credibility of the evidence to …
- A-4604-19 Opinionnjcourts.gov… discovery from the State over the State's objection. In a supporting certification, defense counsel stated defendant … to recommending that he enter into a plea agreement." In support, defendant submitted a draft report authored by … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a …
- A-4820-15T4 Opinionnjcourts.gov… in March 2004 after a ten-year marriage. Of their three children, one is emancipated, one is in college and one is a … since its entry nearly twelve years earlier in 2004. In her supporting certification, defendant alleged the FRO should … 394, 413 (1998)). We are mindful of the deference owed to determinations made by family judges who hear domestic …
- A-3940-23 – STATE OF NEW JERSEY VS. JEROME L. GAYDEN (21-20-0676, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… EVIDENCE SHOULD BE REVERSED; THE INVESTIGATORY STOP WAS SUPPORTED BY REASONABLE SUSPICION. 1. [THE MOTION COURT]'S … at 474. We must defer to those findings so long as they are supported by sufficient credible evidence in the record. … by the State's argument that the court's credibility determinations and findings of fact lack sufficient support in …
- A-1307-16T3 Opinionnjcourts.gov… non-hearsay statements. The premise, however, is not supported by the record. Cardenas did not deny that … hearsay] declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for … exclusionary rule. . . . The Rule permits impeachment or support of a declarant's credibility as if the declarant had …
- A-5077-08 Opinionnjcourts.gov… him. Former Trooper Lisa Bortz submitted a certification in support of plaintiff's opposition to summary judgment … ruled that other counts of plaintiff's complaint were not supported by the available evidence or that the statutory … Cardenas, supra, 269 F.3d at 263. But the evidence does not support his allegations that the conditions at the Netcong …
- njcourts.gov… you are the sole judges of the facts in this matter. Your determination of the facts is to be based solely upon the … told they could not do the same thing. I wanted to show my support for the swim team but also wanted to show that girls … finish. Although Jenna’s bald head was not my idea, I do support her right to wear this style to school if she wants …
- 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 …