-
non2c014.pdf
Charges Document PDF
njcourts.gov
… will proceed. You are the sole judges of the facts. Your determination of the facts is to be based solely upon the … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the … matter before the court and jury for the jury's ultimate determination as to whether the defendant is guilty or not …
-
njcourts.gov
… motion judge, claiming our precedent – including Berlin – supports his position that no AOM was required to establish … from a like-licensed architect would not be necessary to support a plaintiff's claim for damages against an architect …
-
njcourts.gov
… (2014)). The judge must then "determine which factors are supported by a preponderance of [the] evidence, balance the … (1989). The judge's application of these factors "must be supported by competent, credible evidence in the record." … "uninterrupted history of criminality" in their determination of whether aggravating factor six is applicable. …
-
njcourts.gov
… over finances and differences in parenting their three children, all young adolescents. Plaintiff testified … had trouble controlling his anger toward her and their children, resulting in his often yelling at them and … Findings by the trial court "are binding on appeal when supported by adequate, substantial, credible evidence." Id. …
-
njcourts.gov
… is well-settled. Ordinarily, we defer to the agency's determination unless it was "arbitrary, capricious, or … (2) whether the record contains substantial evidence to support the findings on which 9 A-3709-19 the agency based … "an opportunity to present additional information in support of the application." N.J.A.C. 16:47-4.32(b)(2). If …
-
njcourts.gov
… only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
-
njcourts.gov
… does not even provide a scintilla of evidence or reason to support that bald conclusion. State law in this regard is … arguments are based on bald assertions without evidential support in the record, and otherwise lack sufficient merit …
-
njcourts.gov
… would show that "someone else committed the crime." To support his application, defendant submitted a certification … the factual findings of the trial court so long as they are supported by "sufficient credible evidence present in the … (1999)). However, our review of a trial court's legal determinations is de novo. Reece, supra, 222 N.J. at 167. …
-
njcourts.gov
… provided ineffective assistance. In his certification supporting PCR, defendant claimed plea counsel failed to … 576 (2015). If sufficient credible evidence in the record supports the judge's findings, we will affirm. Ibid. … deferential standard of review, we find no error in the determination of the PCR judge. Furthermore, we find …
-
njcourts.gov
… DEP to renew this permit; the DEP did not make its final determination on this application until 2006. Pending … Thus, the RMP and the 2011 Plan would govern the DEP's determinations. Appellants also maintain, had they … legislative policies," there is substantial evidence to support the factual findings upon which A-5803-13T1 10 the …
-
njcourts.gov
… police officer, agreed to apply his long-standing policy of supporting law enforcement officers by discounting the … trial court's factual findings "when 'those findings are supported by sufficient credible evidence in the record.'" …
-
njcourts.gov
… was a proximate cause of plaintiff's injuries was not supported by any evidence. The court observed that there was … standard of review, and the trial court's 9 A-2503-17T3 determination of such issues is accorded no deference. Kaye v. … as to whether [they] adequately supervised their minor aged children" who "held a party where alcohol was served." …
-
njcourts.gov
… to "foster the intellectual growth of the student by supporting and reinforcing the academic program of the … is [Mulcahey's] position that in respect to the Board's determination that [the] 2007 injury, sustained during the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …
-
njcourts.gov
… AND STOVE TURNED ON TO DRIVE UP GAS BILLS WAS ERRONEOUS, UNSUPPORTED BY AN ADEQUATE LIMITING INSTRUCTION[] AND DEPRIVED … cruel or depraved because the possessions of defendant's children were destroyed by the fire. Defendant contends that … Here, the judge noted that defendant victimized his own children in addition to the intended victim, J.B. While the …
-
njcourts.gov
… reopen and extend discovery for an additional 120 days. In support of the motion, plaintiff's counsel certified that "a … deny plaintiff the benefit of Rule 4:26-4. The record amply supports a finding that before filing his complaint, …
-
njcourts.gov
… (App. Div. May 20, 2015) (slip op. at 2). Following that determination, plaintiffs and Chicago Title settled their … approval to abandon the railway." Id. at 5. The board's determination gave rise to plaintiffs' action in lieu of … its common-law contribution and indemnification claims lack support in the evidence. By settling with its insureds in an …
-
njcourts.gov
… January 31, 2017, Legend moved for reconsideration. In its supporting certification, Legend's counsel stated the New … their interests in the settlement at risk." Finding no support in the record for the arguments, we are 14 …
-
njcourts.gov
… to serve them with the required notice of claim. Defendants supported the motion with a certification from Luiggi … undisputed and "[t]he record does not present any facts to support . . . plaintiff's contention that the [Board] or …
-
njcourts.gov
… (N.J.S.A. 54:4-34) request. The assessor’s certification in support of the motion stated that he had requested financial … sentence of R. 4:9-1, which the Township relies on, also supports this conclusion. Although the sentence is not …
-
njcourts.gov
… be delivered to the jury only when there is 'obvious record support for such [a] 8 A-0583-20 charge . . . .'" … Defendant's reaction in this case differs from the cases supporting adequate provocation for a passion/provocation …