Filters
- A-2169-16T2 Opinionnjcourts.gov… 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 …
- A-5480-15T1 Opinionnjcourts.gov… noted that defendant failed to provide specific facts to support his ineffective counsel claim. With regard to … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
- A-1533-16T2 Opinionnjcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … the judge's ruling. We are satisfied that the record amply supports the judge's factual and credibility findings. The …
- A-0498-16T1 Opinionnjcourts.gov… Defendant testified to the following factual basis in support of his guilty plea. He admitted to being at a TD … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
- 008093-2017 Opinionnjcourts.gov… elements of comparison”). Market evidence must support any element of comparison that causes “value … cannot “arbitrarily assign a value to the property not supported in the record.” Ibid. (citation and quotation …
- A-2805-15T1 Opinionnjcourts.gov… of custody and protect the integrity of the evidence. In support of his motion, defendant submitted a letter to the … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a … and note the case law upon which the State relies to support its position is distinguishable from the facts in …
- A-2172-20 – STATE OF NEW JERSEY VS. MARK MARTIN (15-01-0031, GLOUCESTER COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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." …
- njcourts.gov… (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 …
- njcourts.gov… (weekly reporting) with "strict home detention," albeit not supported by electronic monitoring. The court ordered … released into the community. 11 A-2006-22 Given its well-supported finding that defendant poses a high risk to …
- A-1203-21 – CAROL L. BARON VS. LISA YOUNGBRODER, ET AL. (F-006485-20, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- njcourts.gov… an evidentiary hearing was not required. In reaching the determination, we stated: As the PCR court determined, the record does not support defendant's claim that his attorney did not properly … referred to our 2017 unpublished opinion to support his determination that trial counsel made "sure that [defendant] …
- A-3161-20 Opinionnjcourts.gov… (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 …
- A-2172-20 Opinionnjcourts.gov… 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." …
- A-1065-19 – STATE OF NEW JERSEY VS. MELVIN PERALTA (16-01-0036, SOMERSET COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- njcourts.gov… disputed material facts. Defendant's assertions are not supported by the record and her claims of insufficiency do … dispute of material fact. See Rule 4:46- 2(c). The record supports the chancery court's conclusion that there was …
- njcourts.gov… to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … (2018). One purpose of the juvenile code is "to remove from children committing delinquent acts certain statutory …
- A-3580-15T1 Opinionnjcourts.gov… provide the following factual background relative to our determination. Upon a report of citizen complaints that there … to the grounds upon which the PCR petition was based, that supported defendant's conviction. Upon conclusion of that … have been unsuccessful. We agree. Notwithstanding the determination that the argument was procedurally barred, the …
- A-1981-15T4 Opinionnjcourts.gov… The claims were based on the same factual allegations supporting the causes of action the Chancery Division judge … of action based on either the debt or mortgage had no support in the law. The court concluded it would be futile …
- A-2995-16T1 Opinionnjcourts.gov… 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 …
- njcourts.gov… the presentation of plaintiff's testimony based on its determination that her testimony was not credible. Because the … woman who steals his money, a bad mother[,] and that her children are bad as well" and as a result "many of her … in the [TRO]," amounted to 7 A-0521-23 "bare allegations unsupported by any documentary evidence," and her responses to …