Filters
- A-0324-22 – STATE OF NEW JERSEY VS. JOSHUA MALMGREN (12-11-0748, CAPE MAY COUNTY AND STATEWIDE) Opinionnjcourts.gov… the trial court's decision, arguing the blood draw was not supported by the evidence and that his sentence 4 A-0324-22 … we have not expressly addressed any arguments made in support of defendant's appeal, we have determined they are …
- njcourts.gov… bound to accept the trial court's fact findings if they are supported by substantial credible evidence. In re Return of … of imprisonment of not more than a year. In making his determination, the trial judge explained "[a] conviction in … under N.J.S.A. 2C:58-3(c)(3) and given the trial court's determination he is not subject to any other disability under …
- njcourts.gov… not accompanied by the filing fee and his certification in support of a fee waiver because it was not complete.2 … with no home insurance." In his certification in support of a fee waiver, defendant asserted he was without …
- A-0836-22 – STATE OF NEW JERSEY VS. GABRIEL L. GREENE (22-0001, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… fully informed of the consequences. Moreover, we find no support for defendant's argument that he is entitled to … days after he was arrested. First, nothing in the record supports defendant's argument he was in any way confused, …
- njcourts.gov… preclude AAA from trying its case and . . . asking for a determination at the end of the trial or at the end of … slept on its rights to create an equitable defense to support applying laches. II Before us, Saundra argues the … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank v. Providence …
- A-0850-21 - STATE OF NEW JERSEY VS. KAREEM T. TILLERY (14-06-0497, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… policies, and the sergeant's direction not to "touch it" supported the defense's argument that the handgun belonged … had suffered any prejudice. Those findings are all amply supported by evidence at the PCR hearing. Moreover, the …
- A-2405-21 – ANDREW RICHMOND VS. DEREK KHOROZIAN, ET AL. (L-5044-19, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the Survivorship Act, N.J.S.A. 2A:15-3. Plaintiff initially supported this action with an Affidavit of Merit ("AOM") … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … 181 N.J. 354, 365 (2004) (explaining that a 11 A-2405-21 determination as to whether dismissal is appropriate requires …
- njcourts.gov… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
- njcourts.gov… and was precluded from "submit[ing] any documentation to support her innocen[ce]" and that although she "informed … of the trial judge unless they are so "manifestly unsupported by or inconsistent with the competent, relevant … no abuse of discretion in the trial court's 10 A-1083-21 determination that defendant harassed plaintiff because she …
- njcourts.gov… When each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … or opinion [relevant to value] that are not even remotely supported by personal knowledge or experience are not …
- njcourts.gov… project shall be as specified in the 'Prevailing Wage Determination of the New Jersey Department of Labor and … 34:11-56.25 to -56.70c, if the DOL Commissioner makes a determination that an employer has violated the PWA "by paying … We have carefully considered the record and find sufficient support for DOT's conclusion that IEW's bids conformed with …
- A-3481-21 – MICHAEL LUTZ, ET AL. VS. WILLIAM DEUTSCH, ET AL. (L-0119-22, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… scope of the arbitration agreement, but Lutz provides in support of his position only the arbitration agreement and … of good faith and fair newly-acquired or unknown claims to support his theory. To appreciate whether there is merit to … claims about Deutsch's severance compensation or a determination of whether he possessed an ownership interest in …
- njcourts.gov… trial court––despite not detailing the State's evidence in support of 9 A-2241-19 defendant's guilt––correctly denied … The trial court's application of aggravating factor six was supported by defendant's prior criminal history of a first …
- A-3365-20 – STATE OF NEW JERSEY VS. MICHAEL A. KINSELLA (15-02-0113, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … set forth in Judge Ironson's opinion, which is amply supported by the record. In short, we discern no basis to …
- Cheshun v. Sakind MON-C-66-23 Opinionnjcourts.gov… wherein she insisted that Press “stay[] away and only support[] what you and I ask for” and that Press “not get … the Brill standard to this motion, there is evidence to support or suggest a basis for Cheshun’s claim that Sikand …
- A-3523-22 – JENNIFER FRISCO VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) Opinionnjcourts.gov… Jennifer Frisco appeals from a final administrative determination issued by respondent Board of Trustees of the Public Employees' Retirement System (PERS). In that determination, the Board affirmed its prior decision denying … capricious, or unreasonable, or that it lacks fair support in the record." Allstars Auto Grp., Inc. v. N.J. …
- njcourts.gov… also contended plaintiff had not proffered any evidence to support his claim that a pothole on the property caused the … to do the work is not material to the summary judgment determination. Defendant was not responsible for controlling … of his accident and injuries. The summary judgment order is supported by the credible evidence in the record. Affirmed. …
- A-2740-23 – STATE OF NEW JERSEY VS. LUDOVICO ARICO (MA-2023-022, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… tests—as depicted in the body-worn camara recordings—supported defendant's DWI conviction. As for the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … evaluation of the recording particularly where its determination is also based on its opportunity to hear and …
- njcourts.gov… findings of" that trial judge, when such findings "are 'supported by sufficient[,] credible evidence in the … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant[,] … the judge erred in his review of the evidence, factual determination, and legal conclusion. Griepenburg, 220 N.J. at …
- A-3983-22 – STATE OF NEW JERSEY VS. BRANDON A. BEVERLY (19-09-2304, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the court explained: "Even if there was evidence to support a contention the gun was observed only after police … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … v. Gamble, 218 N.J. 412, 425 (2014)). By contrast, the determination of whether those facts established an emergency …