-
njcourts.gov
… [the trial court's] 9 A-2587-21 decision, provided it is supported by credible evidence in the record.'" State v. … may be a component of this assessment. We find nothing to support the conclusion two separate statements, made one …
-
njcourts.gov
… FACTORS AND FAILED TO APPLY MITIGATING FACTORS PLAINLY SUPPORTED BY THE RECORD, RESULTING IN AN EXCESSIVE … factor six and failed to apply mitigating factors "plainly supported by the record." A. Whether Prosecutorial Error … at 608 (quoting Frost, 158 N.J. at 83). When making that determination, we consider the following three factors: "(1) …
-
njcourts.gov
… the reasonableness of any explanation counsel may offer in support of his decision not to assign an investigator to … witness testimony[,]" and will uphold findings that are "supported by sufficient credible evidence in the record." … and they were called as witnesses at trial is unsupported by any competent evidence in the record. According …
-
njcourts.gov
… registered attorneys who file Landlord Tenant documents. Support: For support, please call 609-421-6100. Table of Contents Search …
-
njcourts.gov
… the trial court's decision so long as the findings are supported by sufficient credible evidence in the record." … to suppress must evaluate whether the trial court's determination is "so clearly mistaken 'that the interests of … Elders, 192 N.J. at 244). A trial court's factual determinations are entitled to deference because "those …
-
njcourts.gov
… do not disturb a trial judge's factual findings if they are supported by adequate, substantial, and credible evidence. … information, not as a trade secret. Although the determination of whether information constitutes a trade … at 169, confidentiality is not a required element for a determination that information is proprietary, Rousseau, 417 …
-
njcourts.gov
… Nacamuli and Hawke. Our review of a trial court's legal determination is plenary. D'Agostino v. Maldonado, 216 N.J. … or damage from animals. The statutory language does not support this cramped application. Merely because the statute … Anderson LLP v. Carlisle, 556 U.S. 624, 631 (2009) in support of the trial court's order requiring plaintiff to …
-
njcourts.gov
… was not a "natural" condition on the land). We see no legal support for John's contention that the piñata was an … whether the incident was objectively foreseeable. Such a determination is for the jury to decide using the ordinary … matters implicated in the motion, including the reasons in support of the denial, are not precluded"). The law of the …
-
njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones, 230 N.J. at … substantial compliance factors identified in Galik do not support a finding of substantial compliance by the Board. … deficiencies of the August 2, 2018 letter are too great to support the application of a substantial compliance …
-
njcourts.gov
… the repayment of these loans. The promise to repay was supported by mortgages held by the bank on defendants' … due the bank. His predecessor also did not make this determination but he came the closest when he found, as … we, however, now recognize the need for a precise determination. Until there is a definitive finding about what …
-
njcourts.gov
… maintain a healthy lifestyle and to set a good example for children in the schools where she worked. Abraham testified … Club. [Abraham] told her [ the school] had enough staff to support morning care and that she could attend if she would … morale . . . ." We first address the compensation judge's determination that the injury was not compensable under the …
-
njcourts.gov
… State v. Rodriguez, 365 N.J. Super. 38 (App. Div. 2003), in support of his argument is misplaced. In Rodriguez, the … error as there was overwhelming evidence in this case to support the jury's guilty verdict. Because we reject each of …
-
njcourts.gov
… 154 N.J. 394, 411 (1998). "[W]e do not overturn those determinations unless the court abused its discretion, failed … legal principles or made findings inconsistent with or unsupported by competent evidence." Storey v. Storey, 373 N.J. … 154 N.J. at 413. We must defer to the judge's factual determinations, so long as they are supported by substantial …
-
njcourts.gov
… He also described being evaluated in 2009 resulting in a determination that he was "not competent" but reevaluated two … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … counsel to plead guilty and to not withdraw his plea are unsupported by the record. In defendant's pro se PCR petition, …
-
njcourts.gov
… most favorable to the petitioner, there is prima facie support for post-conviction relief. R. 3:22-10(b). To … reasonable strategic choice. Such strategic choices do not support a finding of deficient performance. Fritz, 105 N.J. … severance under 5 The State has not cross-appealed that determination. 18 A-3905-19 the case law would have …
-
njcourts.gov
… to seek review of cognizable trial court orders or determinations — by identifying them in the notice of appeal — … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … The judge's factual findings and legal conclusions are well supported on this record. Accordingly, we are satisfied he …
-
njcourts.gov
… should not engage in a 6 A-2490-19 strained construction to support the imposition of liability." Id. at 442 (quoting … other things, he undertook to observe: piping materials, supports, and insulation; leaks; "[h]ot water systems …
-
njcourts.gov
… She waited in the waiting area. There is no evidence to support a finding that she was excluded from the … the police told [d]efendant he was lying is insufficient to support a finding that [d]efendant's statement was not made … Harris confess by appealing to Harris' desire to raise his children. Ibid. Additionally, we found the timing of Harris' …
-
njcourts.gov
… information about criminal activity prior to making any determination to recommend a reduction of the previously … a prosecutor may not be arbitrary or capricious in that determination." Id. at 228. "Although the [Gerns] hearing must … not fall under the Cooperation Agreement. The record fully supports the trial court's determination that defendant did …
-
njcourts.gov
… that she was in fear for her life and the lives of her children. The complaint also alleged that P.C. texted J.P.Q. … J.P.Q. moved for summary judgment. In an affidavit supporting her motion, she averred that she filed the … certainly be extreme and outrageous. Again, the judicial determination that the testimony was credible, coupled with …