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- STATE OF NEW JERSEY VS. JOSEPH MESZAROS, III(27-15, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… like the Law Division, we defer to the credibility determinations of the municipal court. State v. Cerefice, 335 … and Law Division judges reach the same credibility determinations. Locurto, supra, 157 N.J. at 474. "[A] … 138, 159 (2002); see also N.J.R.E. 803(c)(1). The record supports the motion judge's findings that Officer Schwartz …
- njcourts.gov… there was a bargained for consideration. These facts do not support a finding of mistake, fraud, or misrepresentation. … agreement was usurious, which we have rejected, to support their arguments on the grounds of newly discovered …
- JOHN JAMES PIERSON VS. NANNETTE PIERSON (FM-14-0348-06, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… The parties were married in October 1985 and have two children who are emancipated. The judgment of divorce and a … removal from the residence; the amount of interim support she was to receive between her removal and the sale … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
- STATE OF NEW JERSEY VS. WILSON MORALES(05-04-1576, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… would show that "someone else committed the crime." To support his application, defendant submitted a certification … the factual findings of the trial court so long as they are supported by "sufficient credible evidence present in the … (1999)). However, our review of a trial court's legal determinations is de novo. Reece, supra, 222 N.J. at 167. …
- njcourts.gov… Differed From Those Applied By Judge Venable, Were Not Supported By The Record. After appellate briefs were filed … for a probationary sentence. Although this argument had support in our decision in State v. Nance, 442 N.J. Super. …
- njcourts.gov… the City claimed. On September 30, the GRC issued a final determination, adopting the findings and recommendations of … to the public interest. Gordon asked the "GRC to make a determination that [the City] withheld the fact there was … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, …
- njcourts.gov… unless it is arbitrary, capricious or unreasonable or not supported by substantial credible evidence in the record." … (App Div. 2005). Therefore, "a prison administrator's determination not to give a prisoner a polygraph examination … See N.J.A.C. 10A:4-10.1(f) (2014). 10 A-3670-14T4 determination is 'arbitrary, capricious or unreasonable.'" Id. …
- njcourts.gov… provided ineffective assistance. In his certification supporting PCR, defendant claimed plea counsel failed to … 576 (2015). If sufficient credible evidence in the record supports the judge's findings, we will affirm. Ibid. … deferential standard of review, we find no error in the determination of the PCR judge. Furthermore, we find …
- njcourts.gov… DEP to renew this permit; the DEP did not make its final determination on this application until 2006. Pending … Thus, the RMP and the 2011 Plan would govern the DEP's determinations. Appellants also maintain, had they … legislative policies," there is substantial evidence to support the factual findings upon which A-5803-13T1 10 the …
- njcourts.gov… sent the Planning Board a memorandum confirming his determination that V Boys' application required no variances … December 17, 2014. He agreed with the Zoning Officer's "determination that the applicant meets all the conditions for … foot canopy does not constitute a principal building is not supported by the Zoning Ordinance or MLUL." Fifth, "[t]he …
- STATE OF NEW JERSEY VS. HOMER ANDREWS (11-03-0472, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… proceeded to summarize in detail each piece of evidence supporting the State's case. Clearly, the use of the word … 210, 215 (1989)). When a sentencing court's findings are supported by the record, we will only reverse if the …
- njcourts.gov… a late Notice within one year after discovery of the lease supports a finding of extraordinary circumstances. … motion judge's decision. The motion judge's findings were supported by sufficient facts and consistent with the TCA. …
- njcourts.gov… unlike the unveiling of a statue. The motion substantially supported requires the opposition to remove the shielding … Trust Co., 17 N.J. 67, 75 (1954) (citation omitted). “[A] determination whether there exists a ‘genuine issue’ of … Mr. Wharton’s opinion. In the face of evidence that supports the conclusion that defendant’s negligence was the …
- njcourts.gov… Kaufman, on July 7, 2008. The Board filed a brief in support of its order to show cause, claiming: (1) the … reasons are "based on findings of fact which are adequately supported by [the] evidence." R. 2:11-3(e)(1)(A). We add …
- Standard Grand Jury Charge Administrative Directivesnjcourts.gov › attorneys › administrative directives… County of ________________ swear or affirm that you will support the Constitution of the United States and the … determine that sufficient evidence has been presented to support such charges. If the Assignment Judge determines …
- A-4945-17T4 Opinionnjcourts.gov… the law." 3 A-4945-17T4 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … However, [the Association] cites no basis in law to support this argument and instead argues that if this were … the trial judge, we are unpersuaded by the Association's unsupported argument that its priority "vested" when the …
- A-3189-16T1 Opinionnjcourts.gov… adduced at the municipal court trial were sufficient to support defendant's DWI conviction based on observational … to prove or disprove any fact of consequence to the determination of the action."). See also State v. Gilchrist, … based on the observational evidence adduced at trial, a determination shall be made on the record whether to draw an …
- A-5146-16T2 Opinionnjcourts.gov… to "foster the intellectual growth of the student by supporting and reinforcing the academic program of the … is [Mulcahey's] position that in respect to the Board's determination that [the] 2007 injury, sustained during the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …
- A-5538-17T1 Opinionnjcourts.gov… for pedestrians." The judge explained that in making that determination, "you have to be able to show when the ice first … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … N.J. at 529-30). On the other hand, assertions that are unsupported by evidence "[are] insufficient to create a …
- A-1244-18 Opinionnjcourts.gov… in the apartment: defendant, his wife, their two small children, defendant's sister, and an uncle. Each of the occupants, with the exception of the children, were placed in handcuffs and seated in the living … the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" …