-
njcourts.gov
… ANY OF THE COUNTS, AND FAILING TO FIND OR EVEN ADDRESS SUPPORTED MITIGATING FACTORS RAISED BY TRIAL COUNSEL. A. … in State v. Eli, explaining why the evidence reasonably supported defendant's father's conviction for escape. Eli, …
-
njcourts.gov
… condition." Here, the record we have described amply supports the Law Division's factual findings and conclusions … The following statement made by the Law Division judge in support of his decision the illustrates the point: 3 …
-
njcourts.gov
… filed a motion to dismiss on July 15, 2019, which was supported by a certification from defendant's business … contentions. We "review[] de novo [a motion judge's] determination of [a] motion to dismiss under Rule 4:6-2(e). … if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" …
-
njcourts.gov
… did not fall under any excluded categories of employees. In support of its petition, the Chapter provided certifications … 73, 150 N.J. 331, 352 (1997). As for administrative determinations, such as those pertaining to the scope of … We apply the same standard to a clarification of unit determination. Prof'l Ass'n of N.J. Dep't of Educ., 64 N.J. at …
-
njcourts.gov
… into PTI. See N.J.S.A. 2C:43-12 to -22; R. 3:28. To support his claim, defendant submitted his trial counsel's … and fact, [appellate courts] give deference . . . to the supported factual findings of the trial court, but review de …
-
njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … thereafter did he make a statement to police. The record supports the judge's conclusion that defendant's statements …
-
njcourts.gov
… State did not raise any others to the court in its brief in support of the warrantless search. The trial court's careful … section of defendant's reply brief to the trial court in support of his motion to suppress evidence: "In the case at …
-
njcourts.gov
… Brach Eichler from representing the Prassas defendants. In support, Delaney attached a certification and an abundance … 1992)).] The court set forth five factors relevant to a determination whether the moving party seeking … Delaney's adversaries as well as Delaney's possession of supporting documentation he now uses as a sword to …
-
njcourts.gov
… "impressed by the fact that [defendant] ha[s] a loving and supportive family" and defendant "came into court and . . . … application of the estimator variable of distance." In support, defendant relies upon the Supreme Court 's opinions …
-
njcourts.gov
… Roodenburg, one of decedent Faith Hursa's six surviving children, appeals from the following orders: three May 26, … are dismissed: Count II: Declaratory Judgment seeking determination that Amy ousted [plaintiff] and owes … for fees based on its conclusion that the record lacked support for her claims, finding: "[W]hile 14 A-4801-17T1 the …
-
njcourts.gov
… and defendant were married in September 2016. They have no children together. Plaintiff obtained a March 20, 2019 … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Id. at 127; accord J.D., 207 N.J. at 476. This second determination, like the first, "must be evaluated in light of …
-
njcourts.gov
… factual picture," nor draw an inference without evidentiary support. Ibid. (quoting Colucci, 326 N.J. Super. at 177); … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
-
njcourts.gov
… court gives "great deference" to a trial court's determination on the admissibility of "other bad conduct" … a "clear error of judgment" to overturn the trial court's determination. State v. Castagna, 400 N.J. Super. 164, 182-83 … required to prove or disprove a fact at issue but need only support a desired inference. State v. Swint, 328 N.J. Super. …
-
njcourts.gov
… 24, 2013. She was rushed to the hospital and placed on life support, where she remained until her death on July 1, 2013. … in failing to timely produce witnesses for deposition. In support, plaintiff's counsel certified that "[b]y failing to … the court's interpretation of N.J.S.A. 2A:53A-28, and its determination that plaintiff was not entitled to avail himself …
-
njcourts.gov
… alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … street from the store, and his conduct was insufficient to support his conviction. We disagree. In our review of the … 2C:33-2(a)(1). The evidence amply supports the court's determination that defendant committed the offense of …
-
njcourts.gov
… We agree the judge's Yarbough1 analysis does not support consecutive terms and for that and other reasons, we … whether "there is substantial evidence in the record to support the findings of fact upon which the sentencing court …
-
njcourts.gov
… standard: 'if, accepting as true all the evidence which supports the position of the party defending against the … fault should be submitted to the factfinder for determination." Del Tufo v. Twp. of Old Bridge, 147 N.J. 90, … him. The photographic evidence and damage to the vehicles supported plaintiff's proofs that defendant turned left in …
-
njcourts.gov
… "when the stated 'findings were mistaken[,] . . . the determination could not reasonably have been reached on … findings of the judge are binding on appeal if they are "supported by adequate, substantial and credible evidence." … and records. Thus, the judge's findings were adequately supported in the record. Lastly, defendant's argument that …
-
njcourts.gov
… its own software unique to that agency, with OIT providing support as necessary." Id. at 4-5. That change, accomplished … to find isolated phrases in the past executive orders to support each of those disparate views of the history of IT …
-
njcourts.gov
… DEFENDANT AS A CALLOUS MONSTER WITHOUT HAVING ANY SUPPORT IN THE RECORD FOR HIS CLAIMS, THE PROSECUTOR … during his opening statement to the jury that were not supported by the record and "set a distorted tone for the …