Filters
- A-3623-16T2 Opinionnjcourts.gov… California v. Beheler, 463 U.S. 1121, 1125 (1983)). The determination of whether a person is in custody is an … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … not coercive. Sufficient credible evidence in the record supports the trial court's finding that defendant was not …
- A-2462-17T2 Opinionnjcourts.gov… States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and … immediately perish at the scene. But, that fact does not support a finding that the killings were "especially … at the apple. Aggravating sentencing factor one was neither supported by the "nature and circumstances" of these crimes, …
- A-4352-17T1 Opinionnjcourts.gov… lawsuit, she claimed $55,000 in damages, which is not supported by any documentary evidence in the record. At oral … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … fun and imaginative environments for, and with, their children." Id. at 80-81. When the plaintiff saw an …
- A-4436-19 Opinionnjcourts.gov… defendant moved to dismiss the complaint 1 Much later, in support of her motion to dismiss plaintiff's complaint, … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … a posture right now that decisions can be made or . . . determinations can be made as to how this case will proceed." …
- A-2853-19 Opinionnjcourts.gov… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … The 16 A-2853-19 Supreme Court's decision in that case supports the Arbitrator's award and the Chancery judge's …
- A-2334-19 Opinionnjcourts.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 …
- A-3228-18 Opinionnjcourts.gov… be vacated pursuant to Rule 4:50-1 (a), (c) and (d). In support of its position, Fairways argued the judgment was … only the validity of Section 30. The court made no determination with respect to the validity of the remaining … not the doctrine requires judicial action is an equitable determination, subject to the trial court's discretion. Oliver …
- A-4268-18 Opinionnjcourts.gov… for the practice of dentistry, the Board 's final agency determinations, when issued, are entitled to our deference. … the practice of dentistry." The NJDA further argued that determinations on the scope of the practice of dentistry were … record or in any minutes of the Board which would support the conclusion that the techniques and/or …
- A-2929-20 Opinionnjcourts.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 …
- A-3905-19 Opinionnjcourts.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 › edit week 2 appellate calendar… explanations for unavailability or hardship, such as: childcare, work schedules, health related issues, vacations, … all over the State ofNew Jersey. Our members' experience supports Dr. Rose's conclusion that peremptory challenges … L. Waters, Ph.D. April 2007, at p.28: "Empirical research supports the contention that juror responses to attorney …
- A-5041-16T2 Opinionnjcourts.gov… Amendment, he limits his reliance to New Jersey case law to support his claim. 11 A-5041-16T2 constitutional … unfair circumstances that have garnered past judicial support for application of the doctrine of fundamental …
- A-3981-18T3 Opinionnjcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … $55,500 for its work at Lanes Mill. However, the judge's determination that Steven adequately demonstrated that Jupiter was due the lesser amount is supported by sufficient credible evidence in the record and, …
- A-4128-18T4 Opinionnjcourts.gov… from the accident and plaintiff's medical records did not support that he was asymptomatic prior to the accident. … abused its discretion, we will not reverse an evidentiary determination unless we conclude it "was so wide of the mark … Pursuant to N.J.R.E. 607, "for the purpose of impairing or supporting the credibility of a witness, any party . . . may …
- A-3998-14T1 Opinionnjcourts.gov… lived upstairs with defendant's sister Carolyn and her children. At the time of the incident, the real estate taxes … testimony from an accident reconstruction expert to support the theory that defendant's truck struck the RV … both before and after the incident, were admitted to support the State's theory that defendant murdered …
- A-2447-16T4 Opinionnjcourts.gov… v. Pickles, 46 N.J. 542, 577 (1966)). We defer to findings supported by sufficient credible evidence in the record, … 240 N.J. Super. 412, 417-19 (App. Div. 1990). The record supports the judge's finding that the officers were not … testimony usurped the jury's singular role in the determination of defendant's guilt and irredeemably tainted …
- A-2855-15T2 Opinionnjcourts.gov… sought the exception nor did defendant's circumstances support the judge making the referral to the Assignment … unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 …
- A-4751-15T2 Opinionnjcourts.gov… a DOT certification at the time Hunt made the adverse determination. He need only establish he could have obtained … an administrative assistant employed by Hunt, thus supporting an inference that Patterson, who communicated … the day after . . . . Dr. Reddy's deposition testimony supports Marchesani's contention that the doctor used …
- F-002097-19 Opinionnjcourts.gov… was dealing with severe mental health issues of 4 his two children involving depressive disorder and schizophrenia and … lien foreclosure, in addition to the health issues of his children, and the purported misinformation, or lack of … of relief for excusable neglect under R. 4:50-1. In support of this contention, Plaintiff cites to the Baumann …
- HUD-F-18941-17 Opinionnjcourts.gov… Am. Home Mortg. Servicing, Inc., 470 B.R. 715 (D.N.J. 2012) supports the proposition that actual knowledge does not … by TD Bank, in the amount of $80,781.77, which is further supported by Defendant’s HUD-1 settlement statement that …