-
njcourts.gov
… and flipped over a patio table in the presence of the children. Following this incident, defendant's behavior … State "welcomed the mistrial with open arms" is also not supported by the record. The State did not request or …
-
njcourts.gov
… prior to Padilla. We conclude that this record does not support defendant's claim that his attorney affirmatively … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …
-
njcourts.gov
… FRUITS MUST BE SUPPRESSED. 6 A-0070-18T4 Our review of a determination of a motion to suppress evidence is limited, and … so long as sufficient credible evidence in the record supports those findings." State v. Gonzales, 227 N.J. 77, …
-
njcourts.gov
… Because the lay testimony of the officers overwhelmingly supported the charges of which defendant was convicted, the …
-
njcourts.gov
… 2A:53A-27. Without the proper affidavit, plaintiff cannot support his claims. Therefore, the complaint was correctly …
-
njcourts.gov
… In August 2018, PCR counsel filed an amended petition, a supporting brief, and certifications from defendant and his … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
-
njcourts.gov
… We defer to the judge's factual findings and legal determination because we do not discern they were "'manifestly unsupported by or inconsistent with competent relevant and … determining impairment," perhaps explaining why he did not support his causal-relation opinion. Whether or not a net …
-
njcourts.gov
… Ass'n, 132 N.J. 330, 334 (1993)). "The trial court's determination . . . warrants substantial deference, and should … abuse of discretion. The court's factual findings are fully supported by the record, and its legal conclusions are …
-
njcourts.gov
… must accept when "adequate, substantial, credible evidence" supports them. Seidman v. Clifton Sav. Bank, S.L.A., 205 … Based on those omissions, the court's evidentiary determination does not command our deference. See E & H Steel … judge who initially decided this matter made credibility determinations, we are constrained to direct that the remand …
-
njcourts.gov
… unless [it is] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … 574 (1985) (noting the trial court's "major role is the determination of fact"); Rova Farms Resort, Inc. v. Investors … (1974). We only review de novo the trial court's legal determinations. 30 River Court E. Urban Renewal Co. v. …
-
njcourts.gov
… sent plaintiff's counsel a letter questioning whether the determination being appealed was final. The letter indicated … on the records in ACMS and the eCourts case jacket, which supported his July 2, 2019 order indicating that the … has no desire or incentive to pursue. To secure a just determination and ensure 10 A-5383-18 fairness in the …
-
njcourts.gov
… not medical experts, and in the final analysis the determination of which is the soundest is made by them on the … the record, we are satisfied the judge's decision is well-supported by the record. Indeed, both experts agreed …
-
njcourts.gov
… has a right to present oral argument to the trial judge in support of a petition for post-conviction relief, we are … it should supply a statement of reasons explaining its determination. In this instance, the problem is compounded by …
-
njcourts.gov
… for an abuse of discretion or lack of evidence to support it." In re Civil Commitment of T.J.N., 390 N.J. … we give the "utmost deference" to the reviewing judge's determination of the appropriate balancing of societal … judge's role as fact-finder, we affirm Judge Freedman's determination, substantially for the sound reasons he set …
-
njcourts.gov
… when analyzing an indemnity provision, id. at 274, to support its argument that Azurak "is not the current law of …
-
njcourts.gov
… on her attendance, and her belief to the contrary was unsupported. Because petitioner was not within the course of … and legal conclusions "unless they are 'manifestly unsupported by or inconsistent with competent, relevant[,] and … a non- exclusive list of factors relevant to the determination: [1] whether the employer directly solicits the …
-
njcourts.gov
… those funds in trust and disperse them evenly to the three children after the mother died. However, Basem used 1 For … contexts, we will not set aside the judge's 6 A-3204-19 determination unless it is shown to be arbitrary or capricious … should be remanded due to the first judge's failure to support his March 29, 2017 order with a statement of reasons …
-
njcourts.gov
… to withdraw a plea where the defendant proffers evidence in support of the Slater factors. Additionally, the State …
-
njcourts.gov
… v. Westover, 241 N.J. 289, 301 (2020). The record supports the judge's finding that plaintiff did not …
-
njcourts.gov
… omitted). Thus, we will reverse the trial court's determination of whether to allow a defendant to withdraw a … in granting defendant's motion as her decision is fully supported by her factual findings. This is a close call …