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… 6 A-1719-17T1 failed to provide any documentary evidence to support the assertion that the remediation costs were paid. … $250,000. Second, defendant argues that the judge's determination that the NFA letter satisfied the … than what was awarded. Our review of the trial court's determinations following a non-jury trial is a limited one. …
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… seeking reconsideration of the April 28, 2017 order. In support of that motion, the State filed three certifications … trial court also issued a written statement of reasons in support of its September 14, 2017 order. II. Claimants … Appellate courts grant "substantial deference" to a determination to vacate a judgment under Rule 4:50-1 and will …
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… of healing." Dr. Okin then attempted to provide further support for his opinion, when he added, "Also, the mechanism … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … that Dr. Okin's net opinion testimony impacted the jury's determination of the critical issue in the case, a new trial …
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… findings after the suppression hearing, as they were supported by sufficient credible evidence. See State v. … (2010) (finding defendant's association with gang members supported reasonable suspicion of carrying concealed … flight "in combination with other circumstances . . . may support reasonable and articulable suspicion"). Under the …
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… POINT I: [DEFENDANT] IS NOT GUILTY OF REFUSAL. In support, she argues that her hearing impairment prevented … and gave deference to the municipal judge's credibility determinations. After weighing the evidence "de novo[,]" the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … the following limits on liability provisions: 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a … "a reasonable examination of the title" so as to make "a determination of insurability of title in accordance with …
njcourts.gov
… finding aggravating factors one and two: In this matter, supporting those factors, by the facts on this case, the … emphasis on two crimes and two attacks was central to its determination to impose consecutive sentences under Yarbough. … number three, the risk of re-offense. The court based its determination on defendant's record, including her "lack of …
njcourts.gov
… only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … by reference to the existing record, and a 6 A-3201-15T3 determination that an evidentiary hearing is necessary to …
njcourts.gov
… was reasonable under prevailing norms." The judge found no support in the record of unprofessional errors or that the … only upon the establishment of a prima facie case in support of post- conviction relief[.]" R. 3:22-10(b). "To … "We accord substantial deference to the discretionary determination resulting in the issuance of the warrant." State …
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… medical and hospital documentation defendant provided in support of his application for a new trial stated that he … and demeanor, but otherwise make our own independent determination of whether a miscarriage of justice occurred. … To the contrary, our review of the medical records supports the judge's conclusion that defendant's health did …
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… Plaintiff argues that the Court's reasoning in Hopkins supports imposing a duty upon a real estate broker who … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … Both parties rely on the Court's decision in Hopkins to support their legal arguments. We thus begin our analysis by …
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… assertion" because defendant did not provide evidence in support of this claim. In addition, the PCR court found … of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… assertions of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. … statement "based upon personal knowledge of the declarant," supporting "[a]ny factual assertion that provides the … the State's proofs. Moreover, defendant failed to support his PCR claim with any affidavits or certifications, …
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… file a timely petition was "due to excusable neglect." In support, defendant averred, "he was unaware of his right to … could not show that any "error played a role in the determination of guilt." The judge explained: New Jersey … outcome or when inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of …
njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … credibility assessment, as long as such fact-findings are supported by "adequate, 10 A-1356-19 substantial, credible … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the …
njcourts.gov
… by the governing statutes regarding 2 Koncsol listed his children as the contingent beneficiaries for his pension … response to Koncsol's designation of beneficiary form in support of her claim that she was entitled to the survivor … we discern no basis for disturbing the Board's determination that appellant was not entitled to a survivor …
njcourts.gov
… that the findings and conclusions of the Law Division are supported by sufficient credible evidence, our "task is … cause existed for defendant's arrest for DUI was well supported by the record. Defendant's demeanor, slurred … also ample evidence in the record to support the judge's determination beyond a reasonable doubt that defendant …
njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … not in error. Defendant also challenges the trial court's determination that the officers' discovery and seizure of the …
STATE OF NEW JERSEY VS. CARLOS LOPEZ (W-2020-0947-0905, W-2020-0952-0905, W-2020-0954-0905, W-2020-0961-0905, W-2020-0968-0905, W-2020-0969-0905, W-2020-0972-0905, W-2020-0973-0905, W-2020-0979-0905, W-2020-0980-0905, W-2020-0982-0905, W-2020-0984-0905, W
Opinions
njcourts.gov
… that he will continue the crime spree that he was on to support the habit." Although defendant had many open … provides, The hearing may be reopened, before or after a determination by the court, at any time before trial, if the … that released defendant made assumptions that were not supported by the record. Defendant already was on the …
njcourts.gov
… Act. Plaintiff's complaint contained a single sentence in support of his claims against defendant, which read as … applying the same standard governing the trial judge's determination. RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of this affirmative defense had no bearing on the judge's determination. We next review plaintiff's contention the judge …