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- A-3814-17T5 Opinionnjcourts.gov… program. He was prohibited from unsupervised contact with children under the age of eighteen, except for his son. The … an appellate court should not modify a trial court's determination either to commit or release an individual unless … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
- A-3626-16T3 Opinionnjcourts.gov… the description he gave. None of these assertions are supported by the record. G.W.'s description was not … there was competent and credible evidence 15 A-3626-16T3 supporting the application of the guidelines, and whether …
- A-0233-18T4 Opinionnjcourts.gov… was denied. Defendant filed a timely PCR petition. In his supporting certification, defendant asserted "[he] would … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not 15 A-0233-18T4 …
- A-0728-18T4 Opinionnjcourts.gov… we will "not 'engage in a strained construction to support the imposition of liability' or write a better … The Supreme Court concluded in Ferrante that a prejudice determination is not needed where the insurer "never had the … held that Vassas did not expressly prohibit a prejudice determination; the issue was not addressed. Ferrante, 232 N.J. …
- A-1727-19 Opinionnjcourts.gov… anyone who is affected by it. The victim wrote an email in support of defendant's character: I was not hurt nor damaged … and the "compelling need to prosecute offenders who target children" would have precluded him from admission to PTI.3 … 556, 561 (App. Div. 2010). Adhering to the original determination, this court once again remanded the case. Id. at …
- A-2446-16T1 Opinionnjcourts.gov… . ." He continued, "[i]f they come back again, and in my determination at that point they've given it a sufficient … if there is sufficient credible evidence in the record to support the findings." State v. Adams, 194 N.J. 186, 203 … points, with conclusory statements that lack any basis or support. He disputes the existence of a Super Bowl bet with …
- A-3151-17T1 Opinionnjcourts.gov… Cedar Knolls' invoices and other documents submitted to support the company's grant request. On December 26, 2017, … documents – forwarded to the agency on December 28 – supporting future remedial action, but advising that "the … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Utley v. Bd. of …
- A-0293-18T2 Opinionnjcourts.gov… E. The $1,000 maximum penalty for each violation is not supported by the record before the Law Division. II. A. As a predicate matter, we affirm the Law Division judge's determination that the municipal trial was not stayed by the … of the Coles when their case was called in order to support a finding of knowing and voluntary waiver. See, …
- A-4524-15T2 Opinionnjcourts.gov… ON REMAND ISSUES IN THIS ACTION. A. Counsel Provided Ample Support for Our Hourly Rates. B. The Trial Court's Ruling. … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
- A-2124-17T4 Opinionnjcourts.gov… Yarbough factors, and 16 A-2124-17T4 "that the factors supporting consecutive sentences clearly outweigh the factors supporting concurrent sentences." We agree. As noted by the …
- A-0750-16T2 Opinionnjcourts.gov… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … for failing to object to Giorgi's testimony that the gang supported itself by selling drugs. Rule 404(b) excludes … State v. Bryant, 237 N.J. Super. 102 (App. Div. 1988) to support his argument that Giorgi's testimony should have …
- A-5074-16T3 Opinionnjcourts.gov… learned that a stray bullet had struck a car with young children in it. After the shooting, which the suspect … December 15, 2017, the Board reaffirmed its original determination. The Board noted that it had considered … Rather, a diagnosis of PTSD is merely a "backdrop" that can support a causal link between the work-related traumatic …
- A-3012-17T4 Opinionnjcourts.gov… and orderly disposition of such [outstanding] charges and determinations of the proper status of any and all detainers … ' and to provide 'cooperative procedures' for making such determinations." Perry, 430 N.J. Super. at 424-25 (quoting 18 … in Pennsylvania prior to his arrival in New Jersey. In support of this proposition, the State relies on dicta from …
- A-3152-18T3 Opinionnjcourts.gov… to admit Loveland's hearsay statements. There is ample support in the record for the trial court's conclusion 4 At … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
- A-0468-21/A-0620-21 Opinionnjcourts.gov… about the phones was not credible because it was not supported by any of the contemporaneous reports the … we discern no basis for disturbing the trial court's determinations regarding these four defendants. In order for … of these factors was not necessary to its final determination. In Andrews, the Supreme Court confirmed that …
- cfccomp.pdf Charges Document PDFnjcourts.gov… matter before the court and jury for the jury's ultimate determination as to whether the defendant is guilty or not … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the … offenses by separate counts in the indictment. In your determination of whether the State has proven the defendant …
- A-3090-20 Opinionnjcourts.gov… plaintiff's reliance on Roach v. BM Motoring, LLC,1 to support her contention that defendants' material breach of … had signed the RISC. Therefore, there was no legal basis to support plaintiff's argument that the unsigned RISC … 228 N.J. at 180. The Court further held that a determination of whether a party committed a material breach …
- A-4481-19 Opinionnjcourts.gov… matter being denied; indeed, Christine's counsel argued in support of her motion for leave to file the appeal out of … while the circumstances here are offered in support of a determination that Christine permanently forfeited her right … § 80b-14(a) (emphasis added). In short, the judge's determination that federal courts have exclusive jurisdiction …
- A-6061-09T3 Opinionnjcourts.gov… required arbitration." As held above, that assertion is not supported by the plain language of the 1 Despite the … in the Allied policy should be disregarded. The record supports Bean's assertion that his practice is in New …
- A-0338-16T3 Opinionnjcourts.gov… risks of not being present at trial, and the record did not support a finding that defendant made a knowing and … and she adequately communicated with defendant. This determination, and the denial of defendant's claim on these … address it anew here. In conclusion, the PCR judge made a determination, detailed in a lengthy and thorough written …