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- A-4820-15T4 Opinionnjcourts.gov… in March 2004 after a ten-year marriage. Of their three children, one is emancipated, one is in college and one is a … since its entry nearly twelve years earlier in 2004. In her supporting certification, defendant alleged the FRO should … 394, 413 (1998)). We are mindful of the deference owed to determinations made by family judges who hear domestic …
- A-1931-20 Opinionnjcourts.gov… been vacated under Rule 4:50-1(a). "The trial court's determination under [Rule 4:50-1] warrants substantial … delay, bad faith is established by showing no valid reasons supported the delay. In either case (denial or delay), … the insurer's agents to kill the insured and the insured's children . . . ." [Endo Surgi Center, 391 N.J. Super. at 595 …
- A-2726-20 Opinionnjcourts.gov… record. The parties were married in August 1996 and had no children. On April 10, 2015, plaintiff filed a complaint for … Defendant disputes the whole notion of forgery as unsupported by any evidence. Significantly, defendant 7 … particular points that work most significantly in our determination that none of plaintiff's arguments have merit. …
- A-4934-18 Opinionnjcourts.gov… RECORD, AND BECAUSE IT DID NOT PROPERLY CONSIDER EVIDENCE SUPPORTING MITIGATING FACTORS TWO, FOUR, AND SIX. As noted … Id. at 195. Specifically, this court found the "determination of the degree of the crime" to be an "essential … the trial court at the suppression hearing, including its determination that the testifying officer, Detective Hudson, …
- A-0100-20 Opinionnjcourts.gov… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991). … whether the facts and circumstances shown by the evidence support any inference, and you are always free to accept or … court found nothing in the totality of the circumstances to support defendant's claim that she was too intimidated to …
- A-1604-20 Opinionnjcourts.gov… potential and the fact that SSDI benefits would help support Jerry. Sam submitted an opposing certification. … directing that all of her counsel fees be paid by Sam. In support of his argument, counsel relied on Yueh v. Yueh, 329 … disrupted co-parenting efforts; (2) the Family Part determination that Dana had interfered with Sam's parenting …
- A-2286-21 Opinionnjcourts.gov… (driving while intoxicated) case for lack of foundational support, and the State did not move for leave to appeal that … a stranger to the locality, the opportunity to seek a redetermination by a court at a higher level without the risk of … that even if it could consider the Alcotest evidence supporting a per se DWI offense, DeBonis prevented it from …
- A-4874-18T1 Opinionnjcourts.gov… disregard for the truth,' and those allegations must be supported by an offer of proof." Ibid. (quoting Franks, 438 … where it found that "ample information was provided to support the probable cause finding and the issuance of the … We disagree. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
- A-4855-17T1 Opinionnjcourts.gov… affirm. At trial, the jury considered evidence proffered in support of the parties' varied theories on the cause of the … and invited the jury to speculate, without evidential support, defendant was racing; improperly urged the jury to … of defendant's initial statement to police.9 That statement supported the State's contention that defendant was …
- A-2116-18T1 Opinionnjcourts.gov… THE DEFENDANT OF HIS RIGHT TO A FAIR TRIAL. A. Redmond’s Determination That Irwin Sustained a Gunshot Wound Related To … THE TRIAL COURT FAILED TO FIND MITIGATING FACTORS AMPLY SUPPORTED BY THE RECORD. POINT X. THE MATTER MUST BE … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
- A-1627-18T4 Opinionnjcourts.gov… consciousness. Compton's family removed him from life support, and he died. After Compton was taken to the … 18 A-1627-18T4 D. The Sentence We review sentencing determinations under a deferential standard. State v. Grate, … the sentencing record, we find no error in the court's determinations of the aggravating and mitigating factors …
- A-4456-17T4 Opinionnjcourts.gov… After seeing the weapon, the witness grabbed the two children who were with her and ran, hiding behind a car. … behavior established "a rational basis in the record to support the definition of reckless." The trial court … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
- A-3512-17T1 Opinionnjcourts.gov… to the trial court's factual findings so long as they are "supported by sufficient credible evidence in the record." … on the evidence and to drawing any reasonable inferences supported by the proofs." State v. Dixon, 125 N.J. 223, 259 … on the evidence and to drawing any reasonable inferences supported by the proofs"). Although we believe the …
- A-1687-18T4 Opinionnjcourts.gov… of aggravating factors three, six, and nine were amply supported by the record. Defendant had four prior indictable … from committing the crime of murder. The record also fully supports the judge's finding of no mitigating factors. The … defendant's claim that he acted in self-defense. The record supports the judge's conclusion that defendant did not act …
- A-4781-16T1 Opinionnjcourts.gov… underlying its decision, "so long as those findings are supported by sufficient credible evidence in the record." … 192 N.J. 224, 243 (2007)). We defer to the credibility determinations of the trial court, particularly its review of competing factual testimony, because these factual determinations "are substantially influenced by [the trial …
- A-2563-16T4 Opinionnjcourts.gov… 2014 harmless and reject any suggestion that his testimony supported an inference by jurors that defendant had been … The Court specifically held "that where a timely, properly supported midtrial motion to poll the jury concerning … to himself or his dependents," because defendant had three children and a fiancé who relied on him and would suffer …
- A-2726-16T1/A-2729-16T1 Opinionnjcourts.gov… of issuing a single opinion, are from three final agency determinations by the Government Records Council (GRC) dated … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … W. Milford, 410 N.J. Super. 371, 379 (App Div. 2009). "[D]eterminations about the applicability of OPRA and its …
- A-3495-19 Opinionnjcourts.gov… as the continuity and stability of employment criterion supported "the maximum allowable award under the 2% cap," … of the 2% hard cap formula over a three- year term supports the following Award: 2018-0% salary increase, full … how the statutory criteria factored into my final determination. 7. I have also calculated the net, annual …
- A-0930-19 Opinionnjcourts.gov… findings of material facts on the record, which were supported by documents 13 A-0930-19 that revealed the … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … oral decisions. Judge Porto's findings of fact are amply supported by the record, and his legal conclusions are …
- A-0679-19 Opinionnjcourts.gov… sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser- included charge must "jump[] off the … against her during the offense. To be sure, the record also supported the instruction the judge gave to the jury on the … assault by pointing a gun at Soto. The evidence in support of the lesser-included offense of conspiracy to …