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- A-1425-16T3 Opinionnjcourts.gov… argued the witness did not establish a foundation to support his opinion about what caused defendant's head … injury. The prosecutor argued the witness' testimony was supported by the car's "severe frontend damage" and the …
- A-0767-19T1 Opinionnjcourts.gov… the additional robbery convictions. Defendant provides no support for the assertion that the two additional robbery … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … We disagree as defendant's arguments are factually unsupported by the record and legally meritless. 10 …
- A-1051-19T1 Opinionnjcourts.gov… 1990). However, we add the following remarks. Factual determinations "made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
- A-1973-18 Opinionnjcourts.gov… his weighing of the sentencing factors was reasonable and supported by credible evidence in the record. See Pierce, … the elements of the relevant offense in making that determination. State v. Fuentes, 217 N.J. 57, 74-75 (2014). … There was no abuse of discretion in the judge's determination that based upon the nature of the offense 12 …
- A-5691-18 Opinionnjcourts.gov… of sexual assault, endangering the welfare of numerous children, and related offenses. On March 27, 2014, the trial … and a challenge to the sufficiency of the evidence that supported defendant's conviction under the indictment's … IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 N.J. 391, …
- A-5344-18 Opinionnjcourts.gov… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … this strong presumption, and its conclusion is adequately supported. The heart of defendant's theory is that his two …
- A-4327-18T2 Opinionnjcourts.gov… from ICPC funds for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or … 6 A-4327-18T2 submitted by Mazooz Sehwail and/or [wife] in support of their claim; all correspondence between NJM and … to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401. …
- A-5704-17T3 Opinionnjcourts.gov… but allowing the results from the second draw. The judge supported that ruling with a written opinion. The motion … the warrant judge determined that there was probable cause supporting the search and the motion judge independently …
- A-3284-18T2 Opinionnjcourts.gov… a purported canine behavior expert, furnished a report in support of plaintiff's claim that defendants were negligent. … established a standard of conduct which violation could support a claim for negligence. 408 N.J. Super. 83, 105 …
- A-2999-18T3 Opinionnjcourts.gov… a second time and denied it. She appealed the Board's determination to the OAL as a contested case on March 2, 2012. … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Ibid. …
- A-4648-18T3 Opinionnjcourts.gov… Defendant then moved into plaintiff's house with her two children in 2017. Plaintiff testified he "tried to be a … and he "lend[ed] [defendant] money all the time" to support her and her children. In March 2019, they separated … in its decision and thus, without further findings, its determination to issue an FRO was a misguided exercise of …
- A-1404-17T4 Opinionnjcourts.gov… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … when he placed his entire upper body into the Mustang. In support of his argument, defendant cites to Horton v. …
- A-3781-17T4 Opinionnjcourts.gov… court found: the Grand Jury hearing transcript does not support [defendant's] contentions. Det. Fuentes testified … charge . . . despite the evidence presented by the State supporting this charge . . . . Appellate counsel identified …
- A-1559-17T2 Opinionnjcourts.gov… how high Reif was sitting while driving the truck, thereby supporting plaintiff's essential claim, i.e., that Reif … is: "[I]f, accepting as true all the evidence which supports the position 11 A-1559-17T2 of the party defending …
- A-1568-17T3 Opinionnjcourts.gov… allegation that a driver violated N.J.S.A. 39:4-89 that is supported by evidence that the defendant was traveling too … takes evasive action to avoid an accident, which would have supported a Dolson charge had it occurred, and in doing so …
- A-0620-19T1 Opinionnjcourts.gov… respondent and the real party in interest. 6 A-0620-19T1 determination, the judge determined the parties had agreed to … because the Agreement implicates interstate commerce. To support his position, defendant argues he is a resident of … waived defendant's right to seek relief in that forum. To support his contention, plaintiff attempts to advance a …
- A-5874-17T2 Opinionnjcourts.gov… Zell Neustadter, filed a complaint on behalf of their children against Wolfson and BST, two of the defendants in … sign forms authorizing the withdrawal of funds from their children's UESP accounts and, without authorization, … 2 Neither party has provided a certification from Simon to support or refute any of these assertions. Accordingly, the …
- A-5063-17T1 Opinionnjcourts.gov… ALTHOUGH THEY WERE AVAILABLE TO HIM UPON REQUEST AND SUPPORT THE DEFENSE THAT [OFFICER] GONZALEZ'S STORY OF … ALTHOUGH THEY WERE AVAILABLE TO HIM UPON REQUEST AND SUPPORTED THE DEFENSE THAT [OFFICER] GONZALEZ'S STORY OF …
- A-0595-17T3 Opinionnjcourts.gov… at 167). We need not defer to the trial court's legal determinations, which we review de novo. Davidovich, 446 N.J. … there was insufficient evidence before the trial court to support the conclusion that dog groomers assume the risk of … a dog was an attempt to prevent a dog bite[.]" The record supports the judge's decision. The judge correctly found …
- A-3930-17T1 Opinionnjcourts.gov… court, Gourvitz relies on various equitable doctrines in support of its waiver argument, including collateral, … original jurisdiction as is necessary to the complete determination of any matter on review." See also N.J. Const. … is to determine whether there is adequate evidence to support the judgment rendered' by the trial court." Fisher, …