Filters
- A-2370-18T3 Opinionnjcourts.gov… I. Although we typically defer to a trial court's factual determinations, "[d]iscretionary determinations, supported by the record, are examined to discern whether an …
- A-1154-18T1 Opinionnjcourts.gov… guilty as a second offender of DWI, based on its determination the State had proven beyond a reasonable doubt … the combination of the officers' testimony and the video supported the municipal court's findings. The judge imposed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-5562-17T4 Opinionnjcourts.gov… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
- A-0016-18T1 Opinionnjcourts.gov… moved for reconsideration. The judge reiterated his determination that Chapter 78's mandatory contributions were … 2011. Plaintiffs rely upon N.J.S.A. 40A:10-21.1(b)(3) to support this argument.3 The reliance is misplaced. Although … not exempt from Chapter 78's contribution requirements. To support their assertion of a breach of contract argument, …
- A-5285-17T1 Opinionnjcourts.gov… he first had sought reemployment in that title. The HSCO supported appellant's request. The CSC approved appellant's … former positions retroactive to 2002. That contention is unsupported by the plain language of the statute. The statute … original sponsors of the amendment that would presumably support his interpretation, it should be noted that such a …
- A-1527-17T4 Opinionnjcourts.gov… 2010, defendant filed a pro se speedy trial motion. In his supporting certification, defendant stated that during an … in not affording defendant a pretrial conference. In his supporting certification, defendant stated trial counsel …
- A-5256-16T2 Opinionnjcourts.gov… standard to the certifications and documents submitted in support of and in opposition to the motion for summary … Wells Fargo was not entitled to summary judgment. In support of its motion, Wells Fargo submitted documents …
- A-0870-17T2 Opinionnjcourts.gov… his father never choked him and never assaulted any of the children. He directly contradicted Roberta's testimony that … of Rhonda lacked credibility, and made no credibility determination for her brother. The judge concluded defendant … there was otherwise substantial credible evidence to support the judge's findings and conclusions. R.G., 449 N.J. …
- A-2538-17T3 Opinionnjcourts.gov… transitional living facility, whose purpose is to provide a supportive environment, that includes drug treatment for recovering individuals as 7 A-2538-17T3 well as support groups, employment assistance to assist a person in …
- A-4453-16T2 Opinionnjcourts.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." …
- A-0829-17T4 Opinionnjcourts.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 …
- A-0807-17T4 Opinionnjcourts.gov… recommendation. The Director agreed with ALJ Bogan's determination that J.F. failed to provide the information … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
- A-5363-17T1 Opinionnjcourts.gov… judge properly utilized the Henderson1 framework in her determination to suppress, we affirm. We summarize the facts … so long as sufficient credible evidence in the record supports those findings." State v. Gonzales, 227 N.J. 77, … identify the shooter. The credible evidence in the record supports the judge's conclusion that showing Nieves the gas …
- A-3668-17T1 Opinionnjcourts.gov… our present rules of practice, we suggest that, where the determination or enforcement of an attorney's lien is sought, … shall set forth the facts upon which he relies for the determination and enforcement of his alleged lien. The … its duty "to make findings of fact and to state reasons in support of [its] conclusions." Giarusso v. Giarusso, 455 …
- A-2311-17T1 Opinionnjcourts.gov… disclosure statement and chose not to based upon her determination she was not required to do so. Petitioner had … financial disclosure form, it is clear they did make that determination. Accordingly the city notified the Local Finance … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
- A-5479-16T3 Opinionnjcourts.gov… of a plea at the "lower range of one of the charges" supported the PCR court's finding that counsel "was … a claim for PCR, courts should not rely solely upon unsupported allegations that a defendant would have rejected a … (1973)); R. 3:22-4(b)(2)(C). Affirmed. 2 In light of our determination on the merits of defendant's PCR claim, we need …
- A-1860-15T4 Opinionnjcourts.gov… assertions . . . must be reinforced by evidence; without support, the prejudicial impact of unavailable evidence, … and lease-back agreement" or any other document "to support their assertion[.]" Judge Toskos also rejected the … to the sound discretion of the trial court, whose determination will not be disturbed absent a clear abuse of …
- A-2934-15T3 Opinionnjcourts.gov… We only add that defendants cite no controlling law to support their position, and we agree with the court's … make a prima facie CFA claim. We review a trial court's determination on a motion to amend a pleading for a "clear … of the ultimate merits of the amendment,' those determinations must be made 'in light of the factual situation …
- A-0972-16T1 Opinionnjcourts.gov… his direct appeal, he filed a timely first PCR petition. In support of his claim of ineffective assistance of counsel, … April 15, 2015, defendant filed a second PCR petition. In support of the application, he provided a September 22, 2014 …
- A-4586-15T2 Opinionnjcourts.gov… foreclosure action to continue. 4 A-4586-15T2 judicial determination. Trs. of Local 478 [Trucking & Allied Indus. … as it solely states legal conclusions without any factual support contrary to [Rule] 4:5-4. Lastly, [d]efendants' … served defendants with its moving papers accompanied by a supporting affidavit and certification. See R. 4:64-1(d)(1); …