njcourts.gov
… the evidence, viewed most favorably to the defendant, would support that justification, we focus on 'the evidence that … Viewed most favorably to the defendant, the evidence supported a finding that the officers used unnecessary and … for resisting arrest where the facts reasonably could support that defense constitutes plain error. Simms, supra, …
njcourts.gov
… any suggestion the officer's statement of recognition supported an inference by jurors defendant had been involved … was improper speculation by the prosecutor to advance an unsupported theory that body parts had been refrigerated). In … would have aided our review, we are able to affirm the determination as the record contains 17 A-1399-15T3 sufficient …
njcourts.gov
… v. Bilek, 308 N.J. Super. 1 (App. Div. 1998), does not support defendant's argument. In that case, the defendant … in an apartment setting." Ibid. Bilek thus provides no support for the conclusion that the landing on the second … in State v. Bonano, 59 N.J. 515 (1971), also does not support defendant's argument. There, the Court considered …
njcourts.gov
… These select transactions, on their face, appear perhaps to support the theory of the plaintiff's case. However, while … imposing punitive damages. II. Our review of the final determinations made by the trial court sitting in a non-jury … reach of process. Both inquiries involve fact-specific determinations that must be resolved on a case-by-case basis. …
njcourts.gov
… 22, 2017, plaintiffs filed a motion for reconsideration. In support of that motion, plaintiffs submitted two affidavits … require an affidavit of merit. Id. at 341. To make that determination, our Supreme Court has explained: There are … was in question). Accordingly, if on remand there is a determination that Edgar was acting under the direction and …
njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … On October 18, 2012, plaintiffs and their two adult children, Diana Pace (Diana) and Anthony Pace, Jr. (Pace … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
default
… moved for reconsideration of the March 13, 2020 orders. In support of her motion, plaintiff relied upon various medical … to utilize Rule 4:42-2(3) to "revisit [the court's] prior determination. The motion judge explained that "[the Rule] is … as the trial court in our review of summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
default
… on this review, the notice set forth the Zoning Officer's determination that "the Use Variance for horseback riding … Township." Appellant timely appealed the Zoning Officer's determinations to the Planning Board, namely the adverse … and therefore unaffected by the new zone's prohibitions. In support of his position, the expert noted there was no …
default
… and restoration of the matter to the trial calendar. In support of the motion, Blandino submitted a certification … of his September 16, 2020 letter. The motion was also supported by an affidavit of H. William Rutherford, III, in … a fee and one was not actually earned. [T]his theory is unsupported by evidence and has never been raised by the …
default
… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … the Miller factors at that time "to take into account how children are different, and how those differences counsel … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
default
… I. The SCESC provides educational auxiliary and remedial support and programs in the non-public school setting.2 The … requires that present and future generations of school age children be assured opportunity to develop to the fullest … for students with disabilities, including evaluation and determination of eligibility for special education, and …
njcourts.gov
… issues of ineffective assistance. PCR counsel's brief in support of the PCR petition argued that trial counsel … with the court. Defendant contended Fox's affidavit in support of the search 2 Franks v. Delaware, 438 U.S. 154 … of the alleged falsity when he signed his affidavit in support of the search warrant. The PCR court concluded that …
njcourts.gov
… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … "constituted reversible error." Id. at 598. 11 A-0580-19 To support their position that reversal is mandated, plaintiffs … on the limited record provided on appeal. R. 2:10-2. To support our conclusion, we rely on the absence of any …
njcourts.gov
… compensation's decision was an "extraordinarily brazen, unsupportable misuse of authority," while SJC contends the … disability and that surgery was necessary. The WCBNY's determination identified the employer as Stop & Shop and … workplace injuries ." Id. at 340. In order to make the determination, a court of compensation must apply six bases: …
njcourts.gov
… petition for PCR. Assigned PCR counsel thereafter filed a supporting brief.3 We next briefly summarize the relevant … only when he or she "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant 9 A-4298-18 must … Porter, the defendant's girlfriend submitted an affidavit supporting his claim that she was with him at the time the …
default
… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … juvenile offenders cannot proceed as though they were not children." Id. at 445 (quoting Miller, 567 U.S. at 474) … the Miller factors at that time "to take into account how children are different, and how those differences counsel …
njcourts.gov
… N.J.S.A. 2C:43-7, on a first degree crime. To support the motion, the State relied on defendant's 2006 … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." … abuse of discretion standard 11 A-2823-19 the PCR court's determination to proceed without an evidentiary hearing."); …
njcourts.gov
… right to testify at the first trial, the record does not support his claim that he was unaware of his right to … or must be condemned as misconduct is often a difficult determination to make. In every instance, the performance must … asserts "[n]o evidence had been submitted in the trial to support that comment, the prosecutor posed no questions to …
njcourts.gov
… found that the record was "more than sufficient to support the ALJ's recommendation" that respondent's and … bound by [an] agency's interpretation of a statute or its determination of a strictly legal issue.'" Allstars Auto Grp., … 150, 158 (2018) (alteration in original) (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 …
njcourts.gov
… Law Division affirmed the municipal court's suppression determinations on de novo review and this appeal followed. We … was upset when he arrived and noted that the parties' young children were present. As soon as Thompson entered the home, … to the factual findings of the trial court if they are supported by sufficient evidence in the record. State v. …