-
njcourts.gov
… findings of fact or conclusions 3 A-0730-17T2 of law in support of the October 10, 2017 order, we are constrained to … weren't clean hands here[.]" Thus, Kaufman provided no support for the judge's denial of appellants' motion to … Bellevue and GLE. None of the parties have appealed that determination and, therefore, it is not before us. 14 …
-
njcourts.gov
… of non-custodial probation. There was no direct appeal. To support her petition, Lian argued that her plea attorney … who was her paramour and the future father of her children. The indictment charged Lian and the man with … matter back to the trial court for further assessment and determination of the conflict of interest issue and an …
-
njcourts.gov
… below was 'arbitrary, capricious or unreasonable' or '[un]supported by substantial credible evidence in the record as … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … 579). Judge Minkowitz recognized that these credibility determinations were not controlling. He considered the …
-
njcourts.gov
… address any of the other claims made in the certifications supporting the PCR petition. We have not been provided with … to a PCR court's factual findings . . . that are supported by sufficient credible evidence in the record." …
-
njcourts.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 …
-
njcourts.gov
… 451, 463-64 (App. Div. 2000), beginning with the evidence supporting plaintiff's motion for partial summary judgment. … to the cemetery. In opposition to plaintiff's motion and in support of its cross-motion, PACA furnished its retainer …
-
njcourts.gov
… Law Division did not find any legal or factual grounds to support North Wildwood's position. We affirm. I North … a kitchen, and a playground. As of October 2016, 129 children were enrolled in the preschool and kindergarten … North Wildwood's attempt to reframe the issue to a determination of whether the Board was acting outside of its …
-
njcourts.gov
… [(Emphasis added).] The expert's opinion is amply supported by the facts on the motion record. Plaintiff … 242, 249 (1986)); accord, R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … unless the parties disagree, in which case the final determination of the court is a discretionary judgment that is …
-
njcourts.gov
… Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this non-involvement, Horizon's counsel referred … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … 14 A-4195-17T3 The trial court briefly cited to Kotzian, to support its decision to grant damages above the $250,000 …
-
njcourts.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 …
-
njcourts.gov
… to the sound discretion of the trial court, and its determination will not be reversed on appeal 7 A-5529-17T3 … made from a documentary record if those findings are supported by "sufficient credible evidence." Id. at 381 … beforehand. The State has not cross-appealed those determinations, and we have no reason to overturn them. As we …
-
njcourts.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, …
-
njcourts.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 …
-
njcourts.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.'" …
-
njcourts.gov
… consequently, the court's finding amounted to a determination of a disputed fact that usurped the function of … expressed a net opinion is based on the court's factual determinations that are contradicted by the record and the … rise to the slip and fall, or eyewitness testimony, may support an inference of constructive notice about the …
-
njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … in original) (quoting Terry, 392 U.S. at 27). The record supported the trial judge's finding a reasonable suspicion …
-
njcourts.gov
… to protect the identity of the victim. 3 A-3494-17T4 children. Defendant and Ortiz went back to Home Depot a … reckless acts when there are no reckless acts or facts to support an act of recklessness . . . ." In her reasoning, … manslaughter. We discern no error in the court's determination not to charge the jury with the lesser- included …
-
njcourts.gov
… Limitations had passed and that the Plaintiff had failed to support the claims in his complaint. The Plaintiff responded … as to the possible performance of the MLK project cannot support a claim against Meridian. The second category of …
-
njcourts.gov
… be compelled to testify. There was no plain error in this determination. We next consider whether the judge erred by … on which the jury was hung. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 … 64 (2014). The court must then "determine which factors are supported by a preponderance of [the] evidence, balance the …
-
njcourts.gov
… L. Ed. 2d 247, 255 (1984)). Our review of the record finds support for the trial judge's determination the officers had a reasonable and articulable … innocent explanation does not mean that they cannot support articulable suspicions if a reasonable person would …