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- STATE OF NEW JERSEY VS. RAYMOND WILSON (12-02-0210, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to see innocuous “horseplay” in the face of danger was supported by the physical characteristics of her assailant. … in Yonkers, New York on the morning of August 1, 2011. In support of this defense, defendant called his wife Lisa …
- STATE OF NEW JERSEY VS. CLIFFORD MOORE(13-01-0034, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… have provided in the initial trial which were necessary to support a conviction." Id. at 424 (quoting State v. … 237-38 (citations omitted). Lawn King and McMullen do not support defendant's arguments. The State did not fail to …
- njcourts.gov… a potentially actionable claim." 12 A-2191-15T4 The record supports the motion judge's ruling. The evidence before the … found that plaintiff did not present sufficient evidence to support a claim for negligent infliction of emotional …
- njcourts.gov… According to the affidavit defendant submitted in support of his plea withdrawal motion, defendant admitted to … as counsel for reasons of non-payment of fees. In his supporting certification, the first attorney 6 A-4208-15T1 …
- STATE OF NEW JERSEY VS. JERMAINE EASON (11-08-0754, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial. And, again, with regard to . . . credibility determinations, that's your role, entirely your role, and so … and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … factors three and six. The judge's findings are amply supported by the record. Regarding defendant's period of …
- STATE OF NEW JERSEY VS. WALLACE GASKINS (08-08-2556, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… contributed to defendant's conviction[.]" Id. at 58. The determination on whether to hold an evidentiary hearing on an … arguments requested by the defendant that the record will support"). Nor has defendant provided a transcript of any … the grounds of relief asserted"). In the absence of supporting evidence, counsel was not obliged to advance this …
- WISS & BOUREGY, P.C. VS. ANGELO BISCEGLIE (DC-24314-12, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… moved to vacate the default judgment in February 2016. In a supporting certification, he denied he received the … evidence. See R. 1:6-6 (requiring admissible evidence in support of motions). Furthermore, the postcard does not …
- njcourts.gov… be compelled to testify. There was no plain error in this determination. We next consider whether the judge erred by … on which the jury was hung. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 … 64 (2014). The court must then "determine which factors are supported by a preponderance of [the] evidence, balance the …
- STATE OF NEW JERSEY VS. DIM AKOPIAN (14-09-1386, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… L. Ed. 2d 247, 255 (1984)). Our review of the record finds support for the trial judge's determination the officers had a reasonable and articulable … innocent explanation does not mean that they cannot support articulable suspicions if a reasonable person would …
- njcourts.gov… on the note. The Benkendorf defendants then moved for a determination that the doctrine of estoppel precluded the … Motorworld. The banking records admitted in evidence support the judge's finding that, on December 21, 2004, … concluded that Motorworld's release of the note was not supported by an exchange of consideration because the …
- njcourts.gov… 550, 559 (1983)(holding that "[w]here the policy language supports two meanings, one favorable to the insurer and the … as employer. Harleysville cites two unpublished opinions to support its contention that insurers are required to defend …
- njcourts.gov… required arbitration." As held above, that assertion is not supported by the plain language of the 1 Despite the … in the Allied policy should be disregarded. The record supports Bean's assertion that his practice is in New …
- njcourts.gov… this court was well within its discretion to make that determination based on the arguments and case law presented. … the court disagrees. Defendants provide no authority to support their position that having this claim proceed to … union employees' work hours in order to limit the number of supporters and ultimately place the plaintiff in a position …
- njcourts.gov… with the language of the . . . agreement. The judge further supported the arbitrator’s decision to "seize[]" upon the … 28, 2006) (holding that the time frames for disciplinary determinations are negotiable); City of Newark v. Serv. Emps. … Camden Bd. of Educ. v. Alexander, 181 N.J. 187, 217 (2004) (supporting "arbitration [on] a claim which on its face is …
- njcourts.gov… about how she received her mail made no sense and did not support her claims in her certifications that although her … in the judge's decision on this point was the judge's determination that Cole was not credible. Cole never … against her "without competent and persuasive evidence to support her liability[,]" she is entitled to relief even in …
- A-0768-19 Opinionnjcourts.gov… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … seized evidence). We next consider defendant's arguments in support of a remand for resentencing. We agree this matter …
- A-5529-17T3 Opinionnjcourts.gov… to the sound discretion of the trial court, and its determination will not be reversed on appeal 7 A-5529-17T3 … made from a documentary record if those findings are supported by "sufficient credible evidence." Id. at 381 … beforehand. The State has not cross-appealed those determinations, and we have no reason to overturn them. As we …
- A-1629-19T1 Opinionnjcourts.gov… at 2:41 p.m., 2:44 p.m., 3:30 p.m., and 4:29 p.m. In support of their motion, defendants filed a certification … [c]ourt is satisfied with the certifications submitted in support of the contention that the method by which an e-mail … of the validity of an arbitration agreement and the legal determinations made by the trial court is de novo. Morgan v. …
- A-2992-18T4 Opinionnjcourts.gov… the petition itself must allege the facts relied upon to support that claim. State v. Mitchell, 126 N.J. 565, 576 … hearing where he establishes a prima facie case in support of PCR. See R. 3:22-10(b). Viewing the facts in the …
- A-0940-19T1 Opinionnjcourts.gov… (App. Div. 2019). The court "will disturb a trial court's determination on counsel fees only on the rarest occasion, and … of a binding settlement[] to make a definitive CFA determination." Id. at 420. We explained that the parties … 2015). Defendant has not moved for appellate counsel fees, supported by affidavits or certifications as prescribed by …