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- njcourts.gov… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; see also State v. …
- A-2001-21 – KINGSLEY OKITUAMAH VS. RICHARD O'MEARA, ET AL. (L-2286-19, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… Turning to count two, RU's attorney argued there was no support in the record to demonstrate a "disability-based … See Godfrey, 196 N.J. at 196. Nor does the motion record support plaintiff's harassment claim based on a disability …
- A-0884-21 – STATE OF NEW JERSEY VS. ALPHONSE ANDERSON (16-06-0388, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … and stress, must not be "speculative" and must be "supported by affidavits or certifications based upon the …
- A-3679-21 – STATE OF NEW JERSEY VS. EDWARD M. PLAZA (16-09-0623, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … counsel effectively subverted his prospective waiver." In support of that contention, defendant states in his PCR 14 …
- njcourts.gov… 2 and Conservation Officer 3 "to provide law enforcement support to allow for the harvest of oysters from [the] … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … on other grounds, 244 N.J. 1 (2020). "[If] an agency's determination . . . is a legal determination, [the appellate …
- Civil Appeal Manual Documentnjcourts.gov… two documents, a Notice of Motion and a place to add the supporting document. Click on the edit button for each entry to review the Notice of Motion and to upload the supporting document. When reviewing the Notice of Motion, if …
- njcourts.gov… prejudice.1 Because we see no error in the trial court's determination that plaintiff failed to file an affidavit of … also revives the argument proffered to the trial court in support of the reconsideration motion that the required … care facility." We affirm the trial court's threshold determination that Rose Garden is a health care facility …
- njcourts.gov… responded to Route 52, stating Section 106.20 "clearly support[ed] that proceeds and adjustments to any BR[I] claim … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- njcourts.gov… to hear testimony from various expert witnesses in support of the 2021 Application. After completion of the … 'so necessary or commonly to be expected that it cannot be supported that the ordinance was intended to prevent it.'" …
- A-3188-21 – STATE OF NEW JERSEY VS. TARI D. TURPIN (14-05-0885, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… 2013, at about 4:30 a.m., defendant, with his two infant children and the children's mother, were riding a PATH train … judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … II, slip op. at 22. We disagree with the PCR judge's determination that trial counsel's strategic decision to forgo …
- njcourts.gov… shown and "an absence of prejudice to . . . defendant." In support, plaintiff primarily relied on Audubon Volunteer … order. See R. 4:50-2. The judge also found that a motion supported by Rule 4:50-1(b) through (e) was time barred, and … principles, we discern no abuse of discretion in the determinations made by the judge and affirm substantially for …
- njcourts.gov… PROVISION WAS PROCEDURALLY UNCONSCIONABLE WAS NOT SUPPORTED BY ADEQUATE, SUBSTANTIAL AND CREDIBLE EVIDENCE. A. … (quoting Rudbart, 127 N.J. at 353). "The 15 A-2421-22 determination that a contract is one of adhesion, however, 'is … arbitration provision on unconscionability grounds was not supported by adequate, substantial, and credible evidence. …
- njcourts.gov… difference between the $587,986.40 the detective alleged supported the money laundering charges and the more than … presented sufficient evidence before the grand jury to support the charges of financial facilitation in accordance …
- A-2596-21 – STATE OF NEW JERSEY VS. MICHAEL WASHINGTON (18-01-0045, SOMERSET COUNTY AND STATEWIDE) Opinionnjcourts.gov… sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State … defendant. His analysis of the Yarbough factors supported consecutive sentences. II. The other arguments …
- njcourts.gov… to defendants, arguing that the law and facts do not support summary judgment. In another argument, plaintiff … and rejected plaintiff's contentions because they were not supported by evidence, and the undisputed material facts …
- njcourts.gov… verified complaint and certifications which were filed in support of the application for restraints in front of [the … in which the defendants were then engaged. It was also supported by emails from [Jay] Williams to Pulte and, …
- Glossary of AI Terms for NJ Judges Documentnjcourts.gov… containing actionable knowledge or information that can support a variety of human or technical functions, including … services. It suggests a future iteration of the internet, supporting persistent online 3D virtual environments through …
- njcourts.gov… claimed his trial counsel failed to retain an expert to support his voluntary intoxication defense; failed to … noted that trial counsel's failure to retain an expert to support 10 A-2540-22 a voluntary intoxication defense "was … A trial court may consider several factors in making its determination of whether a defendant was so intoxicated that …
- njcourts.gov… dismissal of Extech's complaint based on the court's determination the purported personal 3 A-0191-23 guarantees … on behalf of E&N and not as personal guarantors. We find no support in the summary judgment record for that conclusion, … of Extech's form application does not permit that determination as a matter of fact or law. The signature lines …
- A-2414-21 – IN THE MATTER OF THE ESTATE OF OLGA DORNIC (P-000532-20, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… decedent died intestate. Decedent never married, had no children, and was not survived by a parent, sibling, or … Takach Scheper, executed renunciations of administration in support of DiPaolo's application for administration. 3 … to forego applying the doctrine of unclean hands was supported by substantial credible evidence in the record and …