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- njcourts.gov… with these conclusions. The evidence in the record clearly supports both the arbitrator's and trial court's findings … mathematical miscalculations by the arbitrator in those determinations. We next address defendant's contention the … to the subcontractor agreement, if any. We make no determination concerning the amounts or credits due and leave …
- STATE OF NEW JERSEY VS. ALBERTO PENA (19-10-2948, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the proponent must [present] evidence sufficient to support a finding that the item is what its proponent … to admissibility is met by "evidence sufficient to support a finding that the matter is what its proponent …
- njcourts.gov… bright-line rule established in Stewart. We reach that determination for several reasons, given the factual record … there are no genuine material questions of fact to support her claim that the defendant homeowners are liable … to signify that no conceivable set of facts can support a homeowner's liability for worsening the natural …
- STATE OF NEW JERSEY VS. NATHANIEL H. RUSSELL (23-02-0362, ATLANTIC COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… the victim called his wife. She was driving home with their children and other relatives in the car. The victim asked … is not arbitrary or discriminatory. . . . [I]f a statute is supported by a conceivable rational basis, it will withstand … court judge in Atlantic County, there are no facts supporting the recusal of the county's entire judiciary. The …
- njcourts.gov… 465 (2012), "that a sentencing judge 'take into account how children are different, and how those differences counsel … two robberies were part of the same crime spree, further supporting concurrent sentences. Finally, defendant argued … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
- njcourts.gov… and the complaint should be referred to the OAL for a determination of whether appellant's conduct was knowingly and … referral of the matter to the OAL was appropriate for a determination of whether appellant "knowingly and willfully … capricious, or unreasonable, or that it lacks fair support in the record.'" In re Proposed Constr. of …
- njcourts.gov… conversion process would not factor into the equity determination. The Board and Amaconn's counsel then began … Amaconn's approach to calculating the equity lacked "legal support" and the Board had to follow the language in the … could introduce government tax documents to assist in a determination of Amaconn's tax expenses. The hearing resumed …
- njcourts.gov… There is sufficient, credible evidence in the record supporting the court's determination that R.B.'s statements were made for the purpose … harm were she to call the police. The record supports a determination that she feared his return and was justifiably …
- njcourts.gov… incidents. We reject this contention as wholly without support in the record. Defendant also contends the police … (1985). The court's reasons for imposing the sentence were supported by competent and credible evidence in the record. …
- STATE OF NEW JERSEY VS. ZACHARY T. MAI (21-02-0271, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to prove or disprove any fact of consequence to the determination of the action." State v. Darby, 174 N.J. 509, … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, … addressed defendant's sentencing arguments, and the record supports his decision not to apply mitigating factors four, …
- STATE OF NEW JERSEY VS. NICHOLAS F. WELCH (11-09-1648, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… as to what that strategy was. Contrary to the PCR court's determination that Bascus's statement to Kelly was probably … taken from Kelly alleges specific facts and evidence supporting defendant's allegations. See State v. Porter, 216 … prosecutor, proffering "specific facts and evidence supporting his allegations." Porter, 216 N.J. at 355. 17 …
- STATE OF NEW JERSEY VS. TIMOTHY T. KNIGHT (15-11-2737, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… abuse. The State countered defendant's actions and words supported a purposeful or knowing murder conviction. The … or that his findings of the aggravating factors were not supported by evidence in the record. Guided by our highly …
- njcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … A-1135-17T4 We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … v. Puchalski, 45 N.J. 97, 106 (1965). "The voluntariness determination weighs the coercive psychological pressures …
- STATE OF NEW JERSEY VS. LEON PETERSON (11-11-2778, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… or if counsel concluded that the circumstantial evidence supported the weapons convictions on one or both of those … a more fulsome record that reflects counsel's reasoning supporting the decision not to file an applicable motion in …
- STATE OF NEW JERSEY VS. MICHAEL KEE (17-11-3227, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … 917 (8th Cir. 1994)). A de facto arrest is lawful only if supported by probable cause. Id. at 478. Property that is …
- STATE OF NEW JERSEY VS. KESHAWN MALONE (15-04-0466, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … To be sure, the Pruden-Vasquez prongs are included in a determination of the voluntariness of a statement which … also State v. Tillery, 238 N.J. 293, 316 (2019), and a determination of whether defendant's decision to waive his …
- njcourts.gov… her dogs early in the morning nor cook breakfast for her children before they go to school. Her social life has been … shall be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
- STATE OF NEW JERSEY VS. ANGEL NUNEZ-HERNANDEZ (16-07-0516, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 149 N.J. 1, 8 (1997). "The principal components of a determination of reasonable suspicion" are the events that … means. We find no reason to second-guess the judge's determination that the discovery of the cash and knives found … no merit in this argument because the evidence would not support such a finding; the only evidence of a conspiracy …
- STATE OF NEW JERSEY VS. CORY L. CURE (16-11-2202, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of the circumstances standard applies to probable cause determinations because probable cause is a "fluid concept – … the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" … of South [Toms] River . . . for Halloween celebrations with children around. So, [the court found] that the risk posed …
- STATE OF NEW JERSEY VS. KALIL GRIFFIN (12-05-0857, MONMOUTH COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… conversation with the caller in a certification filed in support of his motion for a "hearing on juror misconduct" … of discretion standard applicable to a judge's mid-trial determination of the appropriate course of action upon a … counsel's certification, even if substantiated, would not support setting aside the conviction, the trial court erred …