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… the final judgment. In defendants' certification filed in support of the motion, they sought relief to "allow [them] … relevant to Rule 4:50-1(a) and made "irrelevant" and "unsupported" factual findings. Plaintiff also asserts the … v. Little, 135 N.J. 274, 283 (1994)). A court's determination under Rule 4:50-1 "warrants substantial …
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… he was instructed to report to Ralph Street to provide support to the case agent, Det. Senel. His understanding was … prior to the seizure of evidence, and the arrest was unsupported by probable cause. II. In reviewing a motion to … 175 N.J. 502, 511 (2003)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
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… was assigned PCR counsel, who filed an amended petition and supporting brief on May 1, 2020. On July 30, 2020, the PCR … have been different." 7 A-2172-20 Id. at 694. Defendant's unsupported, self-serving allegations are not sufficient to … We will uphold a PCR court's factual findings "that are supported by sufficient credible evidence in the record." …
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… (PCR) without an evidentiary hearing. We affirm the PCR determination and remand for correction of the judgment of … unless "a defendant has presented a prima facie [case] in support of [PCR]." State v. Marshall, 148 N.J. 89, 158 … into the plea by counsel. Similarly, the record does not support the claim defendant was uninformed or misinformed …
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… crime. Although the Court found it unnecessary to make a determination of this issue, the authorities referred to in … pursuant to lawful authority or legal justification cannot support a false imprisonment action. Genito v. Rabinowitz , … crime. Although the Court found it unnecessary to make a determination of this issue, the authorities referred to in …
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… 2C:21-2.1(d). If there is evidence that is raised to support that defense, the jury should be instructed that the … 2C:21-2.1(d). If there is evidence that is raised to support that defense, the jury should be instructed that the …
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… whether the facts and circumstances shown by the evidence support any inference and you are always free to accept them … � N.J.S.A. 2C:21-32b(1). � N.J.S.A. 2C:21-32b(2) � Final determination of the degree of offense shall be made by the … sold or possessed.2; 3 2 N.J.S.A. 2C:21-32b(2) 3 Final determination of the degree of offense shall be made by the …
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… See N.J.S.A. 2C:12-1. If a reasonable view of the evidence supports a view that such circumstances may exist, the jury … See N.J.S.A. 2C:12-1. If a reasonable view of the evidence supports a view that such circumstances may exist, the jury …
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… a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm … to the jury, the verdict sheet should specify the jury's determination regarding each of them. Page 1 of 4 PAGE Page 2 … to the jury, the verdict sheet should specify the jury's determination regarding each of them. … Promoting Gambling - …
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… a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm … a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm …
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… the selling price of real property involved in a judicial determination of its assessed value is usually a guiding … information and applied it accordingly. The argument in support of the Municipality’s motion to vacate is that: 1) … have proceeded to trial. The Municipality cites no law in support of their argument, and the court knows of none. …
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… beyond a reasonable doubt." Notwithstanding the BCPO's determination, on February 2, 2017, the municipal court judge … charges in the absence of sufficient admissible evidence to support a conviction." [citation omitted.] This appeal … FACP's decision not to pursue a prosecution because the determination "was tainted by the conflict [Brennan is …
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… she acted recklessly. Defendant's admission does, however, support an inference that she was mentally competent at the … committed at SOMC is probative evidence that would support a finding that defendant was mentally competent when …
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… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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… it is "arbitrary, capricious or unreasonable, or [] not supported by substantial credible evidence in the record as … failed to show her assets were transferred for fair value. Supported by substantial and credible evidence, the …
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… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …
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… arbitrary or there is a lack of substantial evidence to support them." NYT Cable TV v. Borough of Audubon, 230 N.J. … the Tax Court has ruled that the Director cannot base a determination of whether the Unreasonable Exception has been … [D]irector (through general regulation or case-by-case determination) before departing from the general rule of …
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… defendant's testimony and found the video did not support it. The judge noted the video did not show the 6 … boils down to a disagreement with the courts' credibility determinations. We generally defer "to trial courts' … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… the spring term. The Tribunal affirmed the Deputy's determination, finding as follows. Claimant has worked for … court would come to the same conclusion if the original determination was its to make, but rather whether the … (citation omitted). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are …
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… 201, 214 (App. Div. 1995), we reversed the trial court's determination that expert testimony was unnecessary. We … claims. We recognize that an AOM is not required to support a breach of contract claim that does not implicate a … defendants breached that standard, an AOM was needed to support plaintiffs' claims. D. Finally, we reject …