-
njcourts.gov
… convictions. II. Appellate courts review sentencing determinations deferentially. State v. Fuentes, 217 N.J. 57, … imposing such sentence including . . . the factual basis supporting a finding of particular aggravating or mitigating … court to provide statement on record of "factual basis supporting its findings of particular aggravating or …
-
njcourts.gov
… a single case management order signed by the judge in support of this contention. 4 A-0454-19 at Children's Specialized Hospital followed by a regimen of … direct result of the assault of April 9, 2012" effectively supported. The Weiss report does discuss prior injuries, …
-
njcourts.gov
… "consistently." He noted "the testimony [wa]s also supported by the body cam footage that was marked as S-2 and … judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. …
-
njcourts.gov
… overwhelming evidence to the contrary, which, if believed, supported defendant's claim there was no deception, no undue … and expressed a desire to help defendant and her children. However, the situation changed toward the end of … if "sufficient credible evidence in the record as a whole supported all aspects of the jury's verdict." Kozma v. …
-
njcourts.gov
… Super. 512, 513 (App. Div. 1991)). "Clearly, evidence that supports a defense, such as alibi, third- party guilt, or a … addressed the nature of the victim's injury, which was supported by testimony that she lost full use of her hand …
-
njcourts.gov
… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … delay damages. However, the complaint and the record do not support Lessner's argument that the surety agreed to …
-
njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … available. The report details the various factors that support the expert’s conclusion and a summary of his of … report was collected from the MLS, assessor records, and supported by interviews with local real estate agents. …
-
njcourts.gov
… MITIGATION OF DAMAGES TO THE FACTS SURROUNDING RESPONDENT'S SUPPORT OF RECEIVER'S AND THEIR JOINT ATTORNEYS' FAILURE AND … Bernardin) did not make sufficient findings of fact to support his decision as to the amount of the monthly …
-
njcourts.gov
… in a timely fashion the record would not 7 A-4453-16T2 support a finding of extraordinary circumstances warranting … trial court's findings of fact will not be disturbed "when supported by adequate, substantial and credible evidence." …
-
njcourts.gov
… life sentence without additional fact-finding by a jury. In support of that claim, defendant cited Apprendi, and the … and Rogers v. Tennessee, 532 U.S. 451, 456-57 (2001), to support his argument that judicial enlargement of a maximum …
-
njcourts.gov
… omitted). Moreover, the nature of a probable cause determination "does not require the fine resolution of … even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt." J.M., 182 N.J. at …
-
njcourts.gov
… finding that plaintiff had sufficiently pled facts to support substantive due process claims under the state- … AND SWORN AFFIDAVITS PROVIDED BY THE [COUNTY] IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT[.] We review a … plaintiff. Plaintiff's contentions to the contrary are unsupported. We conclude that the record lacks competent …
-
njcourts.gov
… there is substantial credible evidence in the record to support them. N.J. Div. of Youth & Fam. Servs. v. E.P., 196 … been derived entirely from premarital funds. This was amply supported by the evidence presented by defendant. There was …
-
njcourts.gov
… defendant filed a motion to withdraw his plea. In his supporting certification, defendant alleged he "steadfastly … it noted "[t]he pronouncements made by this Court clearly support that the exemption applies to possessing weapons …
-
njcourts.gov
… was not barred under these Rules, defendant failed to support his petition with credible evidence to establish his … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Id. at 547 (quoting State v. …
-
njcourts.gov
… when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
-
njcourts.gov
… Wilhelm's testimony and all the materials relied on in support of the position that Wilhelm engaged in fraud. I. … Wilhelm administratively appealed the Division's determinations. Initially her appeals were dismissed as … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue." Utley v. 7 …
-
njcourts.gov
… operation principle; 3. Structure and composition including supporting accessories; 4. Intended Uses and … public of potential risks and injuries. 10 A-4355-17T1 In support of the request for further discovery, Kline's …
-
njcourts.gov
… be 'remand[ed] . . . for an evidentiary hearing and a determination of defendant's claim.'" Merely raising a claim … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
-
njcourts.gov
… motion judge issued an oral decision, finding no factual support for plaintiff's punitive damages claim. The judge … viewed in a light most favorable to plaintiff does not support "the likelihood of serious and imminent harm, much …