-
njcourts.gov
… an appeal from a bench trial. We "review a 'trial court's determinations, premised on the testimony of witnesses and … 411 (1998)). "[W]e defer to the trial court's credibility determinations, because it '"hears the case, sees and observes … that those findings and conclusions were 'so manifestly unsupported 6 A-0229-22 by or inconsistent with the competent, …
-
njcourts.gov
… the sexual assaults he committed against two female children, are fully recounted in our 2019 decision that … opinions." Judge Smith's conclusion on this point was well supported by the record. Kunz and Polhamus fully explained … of the relevant issues, and their conclusions were firmly supported by the facts in the record. See 2 Indeed, the …
-
njcourts.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 …
-
njcourts.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 …
-
njcourts.gov
… defendant's family history, including a listing of his children and their ages. As to mitigating factors two, four, … 'legality.'" Id. at 47. Consequently, the law does not support defendant's argument. His convictions include four … State v. Torres, decided by our Supreme Court in 2020, to support his contention that the absence of reasons for …
-
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. …
-
njcourts.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
… We need not consider the discovery issues in light of our determination regarding the arbitration award. 3 A-0053-21 … an affidavit of services and appropriate documentation to support its request for counsel fees. Defendant was … declined to consider as they are moot in light of our determination regarding the arbitration award. Our review of …
-
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 …
-
njcourts.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
… 520, 540 (1995)); see also DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … orders mandating closures. Plaintiff cites no precedent to support this notion, and we are not convinced. Mac Property …
-
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 …
-
njcourts.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 …
-
njcourts.gov
… of someone who was thought to be brain-dead to cut off life support, like a respirator.” Karen Ann Quinlan was the first … nation that raised issues regarding the removal of life- support. The problem was that whoever unplugged her …
-
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 …
-
njcourts.gov
… the hearing, the court found the evidentiary record did not support a charge on self-defense and barred defendant from … pursuant to State v. Sugar, 84 N.J. 1 (1980). Defendant supported that last claim with a certification from his … video was played at [his second] sentencing in front of children without warning." Judge Flynn denied the petition …
-
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 …
-
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 …