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- njcourts.gov… N.J. 135, 145 (2019). Swint fails to establish grounds to support a claim in either category, which is evidenced by … extended term on Count Three. Judge Ravin's observation is supported by our published decision upholding Swint's …
- A-3816-21 - MICHAEL RACINE VS. RITE AID PHARMACY, ET AL. (L-5868-19, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… "under the same standard that govern[ed] the court's determination," Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … on the floor for a significant time." 7 A-3816-21 Plaintiff supports the argument with several unreported cases and our … to the wetness of the floor," and the witness' testimony "supported the idea that the wetness of the floor was …
- njcourts.gov… We are bound by the trial court's findings if they are supported by adequate, substantial, credible evidence. Ibid. … weighed in favor of the FRO's continuation. The record supports the trial court's findings of fact and demonstrates …
- njcourts.gov… relies on N.J.S.A. 46:3-17 to -17.5 (the Tenancy Act), to support his position that the creditor of one spouse cannot … amount of the funds that should have been levied, the determination to turn over the entire amount of the levy was … by evidence in the record. We review the legal determinations of the trial court de novo. "[A] trial court's …
- Memorial Service Remarks for Associate Justice Harry Heher Museum Documentnjcourts.gov… for family, friends and associates. Natural talent and a determination to excel in whatever he undertook brought him … of working men. His voice was heard early and often in support of broad approaches to workmen's compensa tion and … of the law, including the· criminal law. He gave early support to broad discovery principles to the end that …
- njcourts.gov… conflict-of-interest claim was a "'bald assertion,' unsupported by affidavit or certification." The judge … alleged conflict. Nor has defendant submitted evidence to support a conclusion there was a significant risk plea … Again, the judge found no evidence in the record to support defendant's claim. The judge also recognized: …
- njcourts.gov… 2, 2022, adopting the ALJ's findings of fact and her determination that petitioner was not entitled to ODR … In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
- A-3086-21 – STATE OF NEW JERSEY VS. OLIVER JACKSON (16-09-1195, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… "[A] defendant must allege specific facts and evidence supporting [their] allegations." State v. Porter, 216 N.J. … 9 A-3086-21 facts upon which a PCR claim is based must be "supported by affidavits or certifications based upon the …
- A-3499-20 - LUIS ANGEL RIVERA VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) Opinionnjcourts.gov… that he suffered from mental disabilities 6 A-3499-20 since childhood to be without merit. The Board found that Rivera's … 544, 563 (App. Div. 2002)). "Appellate review of parole determinations focuses upon whether the factual findings made … would commit another crime if granted parole is amply supported by the record. Thus, we find no basis to disturb …
- njcourts.gov… liability," plaintiff's counsel argued, without citing any supporting law, that permitting Middlesex and its counsel to … on the hook for any subsequent damage award. No precedent supports granting that application because it simply isn't …
- njcourts.gov… it is arbitrary, capricious[,] or unreasonable or not supported by substantial credible evidence in the record." … provider." N.J.A.C. 10A:35-2.2(a)(5). The record does not support Walsh's argument the air purifier is an essential …
- njcourts.gov… by plaintiff, Kadisha Jones Richardson, and her five children. Plaintiff Tyron Hartfield, who is the biological father of four of 3 A-3800-21 the five children, was also present at the residence at the time of … Richardson's mother, whom they relied on for housing and support, suffered a stroke in July, hospitalizing her …
- A-4405-19 - STATE OF NEW JERSEY VS. DONELL COOK (14-11-1265, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… the decision not to appear for sentencing. There is no support for defendant's argument that the trial court … the aggravating and mitigating factors. There is no support upon which to conclude the well-reasoned sentence …
- njcourts.gov… and that substantial, credible evidence in the record supported the court's findings that plaintiff was the owner … the custody of [plaintiff]." That factual assertion was not supported by any citation to the record. II. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
- njcourts.gov… Based on the updated information, the Deputy issued a redetermination on June 10, 2020, reducing claims filed in 2019, … of the overpayment amount. Elnaggar appealed the Deputy's determination to an Appeal Tribunal (Tribunal). On August 28, … or unreasonable, or that 6 A-0113-21 it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
- A-2196-19 – STATE OF NEW JERSEY VS. DARIUS M. WILSON (06-01-0001, SALEM COUNTY AND STATEWIDE) Opinionnjcourts.gov… 5 A-2196-19 Defendant argued there was no testimony to support the weapon-related charges. In opposition, the State … The amendment eliminating the use of a weapon was supported by the State's evidence that defendant inflicted …
- A-3518-20 - STATE OF NEW JERSEY VS. MICHAEL WILLIAMS (16-06-0552, MERCER COUNTY AND STATEWIDE) Opinionnjcourts.gov… and lived in the property with her mother and three children. Petitioner pled guilty to second - degree … under R. 3:22-4. Second, the court found no evidence to support petitioner's claim that trial counsel was … on procedural grounds, it provided an alternative basis of support for dismissal under Strickland. We affirm the …
- njcourts.gov… review is deferential to a PCR court's factual findings supported by sufficient credible evidence. State v. Gideon, … may have depicted him as the assailant." The only certified support for this statement in defendant's original pro se … in N.J.S.A. 2C:44-1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …
- A-0156-21 - GINO CAPRIO VS. NUTLEY PARK SHOPRITE, ET AL. (L-3791-21, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… oral argument.3 In a cogent written statement of reasons supporting the August 6, 2021 order, the motion judge … to plaintiff, "[w]hether the [c]omplaint will or will not support [his] claims . . . depend[s] on whether . . . …
- njcourts.gov… his arguments on ineffective assistance of counsel were unsupported, bald assertions. 1 Defendant raised a myriad of … PCR court found this claim was "devoid of any evidentiary support." The court stated defendant "failed to articulate … have revealed or submit any affidavits or certifications in support . . . ." The PCR 6 A-2120-20 court concluded …