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- A-1860-18T4 Opinionnjcourts.gov… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
- A-3235-18T4 Opinionnjcourts.gov… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …
- 009783-2008 Opinionnjcourts.gov… be made available for public inspection. The core principle supporting open court records is transparency – allowing the … this backdrop that the court decides plaintiffs' motion. In support of their request to seal portions of the record, … in making the mathematical calculations and analytical determinations necessary to conclude a true market value of …
- A-5600-15T4/A-3093-16T4 Opinionnjcourts.gov… 2(c), "the court must accept as true all the evidence which supports the position of the party defending against the … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. "It is well-settled … for reconsideration contained numerous material errors unsupported by the record. A motion for reconsideration is …
- A-2991-17T4 Opinionnjcourts.gov… Inc., Arcuri Agency, and Peter M. Arcuri, Jr. (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … the available insurance coverage. Nor does Werrmann support plaintiff's attempt to establish those foundational … proceed against the brokers. She provides no authority that supports or lends any credence to this misguided premise. …
- A-1604-18T3 Opinionnjcourts.gov… seven, her lack of criminal history. We review sentencing determinations under a deferential standard. State v. Grate, … (5), and (9). The court adequately identified the facts supporting each of those aggravating factors. The court then … activity, prior to the [i]ndictment." That finding is also supported by adequate evidence in the record. The trial …
- A-3087-19T2 Opinionnjcourts.gov… Astin was entitled to UIM coverage under the NJM policy. In support of that determination, the judge cited three cases: Arenson v. Am. … tortfeasor does not preclude the insured from seeking a determination that the settling party was not responsible for …
- A-2316-19 Opinionnjcourts.gov… Stephen A. Gravatt, attorney for appellants. Fox Rothschild, LLP, attorneys for respondents (Andrew J. Karas, on … to agree on the amount of the commission"). Because a determination of whether the price was agreed to between the … the elements for acquiring quantum merit relief. In support of their contention, plaintiffs cite the Supreme …
- A-1656-18T1 Opinionnjcourts.gov… plaintiff's complaint, knowing there was no evidence to support the claims, and she made several false statements to … or appreciate evidence." However, the memorandum in support of defendant's motion for reconsideration merely … as to an award of costs for an abuse of discretion. Children's Inst. v. Verona Twp. Bd. of Adjustment, 290 N.J. …
- A-2674-17T2 Opinionnjcourts.gov… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
- F-008704-14 Opinionnjcourts.gov… as mortgagee foreclosing on a mortgage. Specifically, in support of this proposition, defendant cites to N.J.S.A. … which was held while the instant motion was pending. In support of this proposition, defendant cites Caput Mortuum, …
- A-1868-17T4 Opinionnjcourts.gov… purpose other 5 A-1868-17T4 than those used exclusively to support the agricultural and horticultural operations of the … other than that which is solely used for and needed to support the agricultural and horticultural activities … the examination and cross-examination of witnesses, and determinations grounded 16 A-1868-17T4 on competent and …
- A-3818-17T4 Opinionnjcourts.gov… Flagrant Violation Of The Recordation Requirements, Did Not Support The Trial [c]ourt's Ruling That The Photo … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … 434, 451 (1972)). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
- A-0919-16T4 Opinionnjcourts.gov… nurses, and the patient advocate, and sent letters in support of his requests to various NSP personnel. A "sick … R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
- A-1378-16T1 Opinionnjcourts.gov… a hearing. Defendant does not challenge the court's determination on that issue on appeal. 13 A-1378-16T1 … the merits 15 A-1378-16T1 of defendant's arguments in support of his assertion that the court erred by denying his … conflicting information concerning the dates pertinent to determination of the credits.8 If the court on 7 For the …
- HUD-L-31-17 Opinionnjcourts.gov… Thus, Kearny cannot rely upon N.J.S.A. §2C:21-36 to support the Amended Ordinance requiring compliance when … and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly …
- A-58-17 Opinionnjcourts.gov… for PTI and included a statement of compelling reasons supporting his admission. The prosecutor rejected … trial court, which refused to disturb the prosecutor’s determination. Defendant then entered a guilty plea to … reflects the CDRA’s policy “to afford special protection to children from the perils of drug trafficking, to ensure that …
- A-5403-14T4 Opinionnjcourts.gov… for a waiver of the specialty requirement, based upon its determination that plaintiff's proposed expert lacked active … at least seven doctors refused to become experts not only supports the good faith effort[,] it also calls into … basis in the record to support the trial court's determination that Dr. Caprio lacked "sufficient training, …
- BER-L-5302-20 Opinionnjcourts.gov… explains that in the event of an adverse benefit determination, the member is afforded rights of appeal through … was not for the Courts "to second-guess that legislative determination." Id. at *9: Accordingly, this court lacks … out-of-network doctors." See Pl.'s Compl. ,i,i 5-9. To support the bad faith claim, plaintiff alleges that …
- A-1620-15T4 Opinionnjcourts.gov… Plaintiffs first assert there was insufficient evidence supporting the Board's approval of defendant's application … as defined in the MLUL." Price, supra, 214 N.J. at 287. A determination that a property is particularly 5 The two other … determine if defendant satisfied the negative criteria. Determination of the "negative criteria" involves two …