-
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 …
-
njcourts.gov
… The court provided the following explanation for its determination: In the present case, [defendant] was known to … the trial court's decision so long as those findings are supported by 8 A-0003-22 sufficient credible evidence in the … the absence of any explanation for the basis of a court's determination, which hinders appellate review, we must vacate …
-
njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … However, our review of the Law Division judge's legal determinations is plenary. State v. Kuropchak, 221 N.J. 368, … concept of passively allowing something to happen. Case law supports these common notions of "permit" and "suffer" that …
-
njcourts.gov
… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … Adar every reasonable inference from the facts alleged in support of its quasi-contract claim for unjust enrichment, …
-
njcourts.gov
… DEFENDANT THE OPPORTUNITY TO SUBMIT A MERITS BRIEF IN SUPPORT OF HIS SECOND PCR CLAIMS. POINT II AS DEFENDANT … the outcome of the trial might well have been different. In support, the Court favorably cited our 2012 opinion’s …
-
njcourts.gov
… to evidentiary hearings if they present a prima facie case supporting PCR, the court determines there are material … defer to the PCR court's factual findings when those are "'supported by adequate, substantial[,] and credible …
-
njcourts.gov
… the law." 7 A-1760-22 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" …
-
njcourts.gov
… a mortgage in plaintiff’s favor. These circumstances do not support an order of partition. Instead, the court turns to … he never made a gift anything near this amount to his own children or, for that matter, to any of defendant’s … or she and plaintiff together, made a gift to any of their children anywhere near the size of what defendant claims …
-
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017). We … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
-
njcourts.gov
… N.J. Super. 149, 159 (App. Div. 2009). The circumstances supporting a finding of excusable neglect must be … the PCR "petition itself must allege the facts relied on to support the [excusable neglect] claim," State v. Mitchell, …
-
njcourts.gov
… and 4:50-1(b)-(f). Plaintiff submitted a certification in support of the motion in which he contended, among other … [an order] on one of the six specified grounds is a determination left to the sound discretion of the trial court, … Baumann, 95 N.J. at 395. The facts of this case do not support a finding of exceptional circumstances entitling …
-
njcourts.gov
… Office reopened the investigation in August 2001 at the children's request. Law enforcement interviewed additional … that occurred after the murder, and the sentence was supported by two court decisions that were decided after … imposed because the 8 A-2664-22 sentencing court's determination he was a persistent offender was improperly …
-
njcourts.gov
… the fees were reasonable. II. We review a "trial court's determinations, premised on the testimony of witnesses and … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … are reasonable. We discern no error in the court's legal determination not to award the balance of attorney's fees to …
-
njcourts.gov
… provision is ambiguous. The language of the clause supports two distinct but reasonable interpretations: DPS … their plain and ordinary meaning. These contentions are not supported by the record. We review a trial judge's decision …
-
njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
-
njcourts.gov
… dealer. Defendant testified and called several witnesses to support his alibi defense. 3 A-1315-23 On April 8, 2004, … argued trial counsel failed to retain an investigator to support his alibi defense. During argument on defendant's … for failing to retain certain expert witnesses was unsupported by "a proffer of what these proposed experts would …
njcourts.gov
… comment. 4 A-2143-22 The record contains ample evidence to support a finding of serious bodily injury. Officers who …
njcourts.gov
… defendant has not shown that the arguments he posed in support of his reconsideration motion were sufficient to …
njcourts.gov
… hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
njcourts.gov
… first lawsuit, is aware of the essential facts that would support a cause of action against the defendant must …