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- A-1999-18 Opinionnjcourts.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 …
- A-4709-17T4 Opinionnjcourts.gov… 82 (App. Div. 2003). Finally, the record here does not support a finding of excusable neglect. At sentencing, the … live with her? THE DEFENDANT: No. THE COURT: Do you have children[?] THE DEFENDANT: Yes, sir, two children. THE COURT: Where are the children? Where are they …
- A-1491-17T4 Opinionnjcourts.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. …
- A-0656-17T1 Opinionnjcourts.gov… that defendant did not provide an adequate factual basis to support his guilty plea to second degree unlawful possession … from having a handgun was a sufficient factual basis to support his plea. The judge reviewed the transcripts of the …
- A-5317-17T4 Opinionnjcourts.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 …
- A-2795-17T2 Opinionnjcourts.gov… applicable legal principles, consequently supplying ample support to grant plaintiffs' motion for a new trial, we … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not be disturbed." Pioneer Nat'l Title …
- A-5722-17 Opinionnjcourts.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 …
- A-2328-17T3 Opinionnjcourts.gov… the March 23, 2016 accident. Evanston made two arguments in support of summary judgment. First, it argued that the … of A&R. In opposing Evanston's motion, and in support of his request for a declaratory judgment, Sharkey …
- A-0037-17T3 Opinionnjcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … farming." Based upon our review of the record, there is no support whatsoever for this conclusion in the testimony. In … Plaintiffs introduced no proof before the Board supporting the claim of equitable estoppel, see Motley v. …
- A-0496-16T3 Opinionnjcourts.gov… concerning the pleas. We therefore conclude the record supports the PCR court's determination that defendant was not denied effective … to resolve defendant's claims. The record supports that determination. 17 A-0496-16T3 We have considered defendant's …
- A-4737-16T4 Opinionnjcourts.gov… do so may "render the lawyer's performance deficient" and support a claim of ineffective assistance of counsel. State … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
- A-0561-17T4 Opinionnjcourts.gov… may be held liable for risks that would be too remote to support liability at common law. See Stevens, 356 N.J. … 1980) (holding that x-ray exposure was a "physical contact" supporting recovery for emotional suffering where immediate …
- A-1367-16T3 Opinionnjcourts.gov… it did not constitute a marital asset. He noted that Vann's supporting certification did not mention the PSA or provide … after year since 1993." Warner presented no evidence to support his claim. Once the parties got divorced, he acted …
- A-1428-16T2 Opinionnjcourts.gov… there is sufficient credible evidence in the record to support the judge's determination.'" Ibid. (quoting State ex rel. R.V., 280 N.J. … giving deference to the trial court's credibility determinations and factual findings, we find that there is …
- A-4135-16T2 Opinionnjcourts.gov… did not file a direct appeal from any of the Board's determinations. In February 2016, defendant filed his petition for PCR. In support of his petition, defendant alleged that his trial … question or disturb the judge's well-founded credibility determinations. Ibid. Therefore, the judge properly rejected …
- A-4605-16T3 Opinionnjcourts.gov… unable to walk, that is, he was swaying and grasping for support. His legs sagged, he staggered, and he moved in … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … recusal motion, the JMC denied he had made any veracity determination in the context of sustaining defendant's …
- A-0128-16T3 Opinionnjcourts.gov… to the alleged dangerous condition on the premises. In support of his argument, plaintiff cites Monaco v. Hartz … for maintenance and repair of the demised premises. In support of that contention, plaintiff relied upon the …
- A-1200-15T2 Opinionnjcourts.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 …
- A-2717-15T1 Opinionnjcourts.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… A-4504-14, the Planning Board and the City, as intervenor, supported by amicus curiae FWB, appeal from a February 4, … of the County Board's own engineering consultant, and unsupported by the evidentiary record. Therefore, the trial … the trial judge that the County Board's decision was not supported by the record, and the Freeholder Board's decision …