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- A-3148-17T3 Opinionnjcourts.gov… testified and the judge viewed body-camera footage—are supported by the record evidence, including the testimony of … the area after commission of the crime is speculative and unsupported by any facts in the record. And the other car that … a group of innocent circumstances in the aggregate can support a finding of reasonable suspicion." Id. at 368. Nor …
- A-4749-18T3 Opinionnjcourts.gov… novo standard of review when reviewing a motion judge's determination of the enforceability of a contract. Goffe v. … to the terms of the Bonus Award Agreement provides adequate support for the entry of the order granting a stay and … "we review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated …
- A-2792-20 Opinionnjcourts.gov… submitted his "candidate resume/biography" to defendant in support of his nomination for election to the board. Several … do not apply. However, N.J.S.A. 15A:5- 23 provides no support for plaintiff's contention. Next, to address … de novo, owing no deference to the trial court's legal determinations. McGovern, 211 N.J. at 108. Turning to the …
- A-3665-20 Opinionnjcourts.gov… to plead guilty to the robbery and carjacking. His bald, unsupported assertions are belied by his testimony during the … he or discovery disclosed to trial counsel. These bald, unsupported, conclusory allegations do not provide a basis for … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. Moreover, trial counsel …
- A-4521-19 Opinionnjcourts.gov… Defendant was assigned PCR counsel, who filed a brief in support of the petition. Defendant also submitted his own … questions of law and fact, we give deference . . . to the supported factual findings of the trial court, but review de … he needed such medications at the time. In making this determination, Dr. Singer reviewed defendant's prior …
- A-3909-18 Opinionnjcourts.gov… (2014)). The judge must then "determine which factors are supported by a preponderance of [the] evidence, balance the … (1989). The judge's application of these factors "must be supported by competent, credible evidence in the record." … "uninterrupted history of criminality" in their determination of whether aggravating factor six is applicable. …
- A-0731-19 Opinionnjcourts.gov… over finances and differences in parenting their three children, all young adolescents. Plaintiff testified … had trouble controlling his anger toward her and their children, resulting in his often yelling at them and … Findings by the trial court "are binding on appeal when supported by adequate, substantial, credible evidence." Id. …
- A-3709-19 Opinionnjcourts.gov… is well-settled. Ordinarily, we defer to the agency's determination unless it was "arbitrary, capricious, or … (2) whether the record contains substantial evidence to support the findings on which 9 A-3709-19 the agency based … "an opportunity to present additional information in support of the application." N.J.A.C. 16:47-4.32(b)(2). If …
- A-2489-19 Opinionnjcourts.gov… Because Respondent Submitted No Admissible Evidence to Support its Motion and Because it Lacks Standing. A. We … facts in the movant's statement which are sufficiently supported [are] deemed admitted for purposes of the motion …
- A-0365-20 Opinionnjcourts.gov… any crime and no investigative authority ever made that determination. 10 A-0365-20 Plaintiffs contended it was … the viability of the claim. However, their expert did not support that proposition. Instead, he proffered options … to bolster their expert report with deposition testimony to support their allegations of bad faith. But the expert …
- A-1151-20 Opinionnjcourts.gov… claimed were "never credited through Probation" against his support obligation; and a reservation of 3 A-1151-20 "all … We defer to the family court's factual findings if "supported by adequate, substantial, and credible evidence in …
- A-1804-20 Opinionnjcourts.gov… only upon the establishment of a 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-4498-19 Opinionnjcourts.gov… in other cases is limited. R. 1:36-3. 2 A-4498-19 Fox Rothschild LLP, attorneys for respondent JPay, Inc. (Michael J. … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Rieder v. … in the terms of use for the IKS. Adequately providing support for his reasoning on the record, the trial judge …
- A-2260-20 Opinionnjcourts.gov… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … in the record of such a loss of a bodily function. In support of the motion, defendants relied upon Dr. Pecker's … to put on clothing, household chores, care for her grandchildren, and park her car. However, it is undisputed that …
- non2c014.pdf Charges Document PDFnjcourts.gov… will proceed. You are the sole judges of the facts. Your determination of the facts is to be based solely upon the … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the … matter before the court and jury for the jury's ultimate determination as to whether the defendant is guilty or not …
- A-0996-19 Opinionnjcourts.gov… II, slip op. at 6.] Defendant included several exhibits in support of his motion for a new trial.2 The first was a West … at trial[,]" as "there [wa]s overwhelming evidence to support the verdict returned by the [j]ury." II. Before us, …
- A-1349-19T3 Opinionnjcourts.gov… motion judge, claiming our precedent – including Berlin – supports his position that no AOM was required to establish … from a like-licensed architect would not be necessary to support a plaintiff's claim for damages against an architect …
- A-1473-18T1 Opinionnjcourts.gov… 9 A-1473-18T1 Not surprisingly, SEPTA has been unable to support its position by reference to our existing … judge's finding of lack of personal jurisdiction was not supported by sufficient evidence. True, the judge relied in … beliefs about SEPTA's contact with New Jersey.9 These unsupported assertions could not provide a basis for the …
- A-2956-16T4 Opinionnjcourts.gov… with respect to jurisdiction to determine whether they were supported by substantial, credible evidence" in the record. … Despite Egg Harbor's argument that Pagano's contacts support a finding of specific jurisdiction, Pagano could not … ("A dismissal for lack of jurisdiction is plainly not a determination of the merits of a claim. Ordinarily, such a …
- A-0568-16T4 Opinionnjcourts.gov… or unreasonable, or A-0568-16T4 6 that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. … Kasper does not support the Board's blanket position that a parking lot …