njcourts.gov
… following background information. Amy has suffered since childhood from a debilitating disease that, among other … Amy resides. Under the ASP Management Trust Agreement, determinations regarding the management of trust assets and … court "clearly applied the wrong burden of proof" is unsupported by any reference to the record or to the words the …
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
… 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
… 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
… 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
… "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
… 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
… door with no drilling or tools required and is marketed to support up to 300 pounds. 3 A-1217-19T3 Barrios's home, in … and Barrios. The phantom arbitration clause was not supported by any of ConducTV's literature, plaintiff did not …
njcourts.gov
… submitted the certification of Lori Bonderowitz in support of its motion for summary judgment. She certified … court "affords no special deference to the legal determinations of the trial court." RSI Bank, 234 N.J. at 472 … 87 N.J. 512, 525 (1981)). "It has long been true that '[d]eterminations of the scope of duty in negligence cases has …
njcourts.gov
… to represent himself at trial. The record does not support that contention. While the psychologist and judge … trial from ever concluding. The trial judge's findings are supported by adequate evidence in the record and, just as …
njcourts.gov
… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
njcourts.gov
… 23, 2019, defendant filed his petition for PCR and a supporting certification dated January 9, 2019. In his … his parents to challenge James' credibility. In further support of his PCR petition, defendant filed a June 20, 2019 … hearing, we review the judge's legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… findings from the suppression hearing, so long as they are supported by sufficient credible evidence in the record. … sweep is allowable "where the totality of the circumstances support a reasonable suspicion that a driver or passenger is …
njcourts.gov
… Observation During the Testing Process[.] 3. Credibility Determinations Weigh in Favor of Appellant[.] On appeal, we … 157 N.J. 463, 471 (1999); but our review of legal determinations is plenary, see State v. Handy, 206 N.J. 39, 45 … written decisions both before and after remand, are well supported by the record. The municipal court judge, in …
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
… IN THE PAST COULD NOT BE USED AS PROPENSITY EVIDENCE TO SUPPORT THE CONCLUSION THAT HE HAD DONE SO ON THE SPECIFIC … may have been substantial, and the verdict may find strong support in the record; that matters not." Ibid. (citing …
njcourts.gov
… [the Board] was unable to complete its eligibility determination and the denial was appropriate." II "Judicial … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
njcourts.gov
… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
njcourts.gov
… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …