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- A-4546-19 Opinionnjcourts.gov… He also described being evaluated in 2009 resulting in a determination that he was "not competent" but reevaluated two … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … counsel to plead guilty and to not withdraw his plea are unsupported by the record. In defendant's pro se PCR petition, …
- A-0656-20 Opinionnjcourts.gov… maintain a healthy lifestyle and to set a good example for children in the schools where she worked. Abraham testified … Club. [Abraham] told her [ the school] had enough staff to support morning care and that she could attend if she would … morale . . . ." We first address the compensation judge's determination that the injury was not compensable under the …
- A-1380-20 Opinionnjcourts.gov… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones, 230 N.J. at … substantial compliance factors identified in Galik do not support a finding of substantial compliance by the Board. … deficiencies of the August 2, 2018 letter are too great to support the application of a substantial compliance …
- A-3773-20 Opinionnjcourts.gov… do not disturb a trial judge's factual findings if they are supported by adequate, substantial, and credible evidence. … information, not as a trade secret. Although the determination of whether information constitutes a trade … at 169, confidentiality is not a required element for a determination that information is proprietary, Rousseau, 417 …
- A-3905-19 Opinionnjcourts.gov… most favorable to the petitioner, there is prima facie support for post-conviction relief. R. 3:22-10(b). To … reasonable strategic choice. Such strategic choices do not support a finding of deficient performance. Fritz, 105 N.J. … severance under 5 The State has not cross-appealed that determination. 18 A-3905-19 the case law would have …
- Initial Case Management Order Documentnjcourts.gov › edit week 2 appellate calendar… pro hac vice shall apply to formal notice of motion with supporting affidavit and proposed form of order, in … MESH LITIGATION", then only one (1) copy of the motion and supporting documents need be supplied with a cover letter …
- eFile – Landlord CIS Documentnjcourts.gov › edit week 2 appellate calendar… registered attorneys who file Landlord Tenant documents. Support: For support, please call 609-421-6100. Table of Contents Search …
- A-0256-15T3 Opinionnjcourts.gov… jury verdict was against the weight of the evidence. II. To support his argument, with the exception of In re Stern, 11 … deliberations upon the issues submitted to you for determination. 16 A-0256-15T3 [Model Jury Charge (Civil), … and Figueroa, supra, 190 N.J. at 232. The record does not support an inference that the jury was coerced into reaching …
- F-002097-19 Opinionnjcourts.gov… was dealing with severe mental health issues of 4 his two children involving depressive disorder and schizophrenia and … lien foreclosure, in addition to the health issues of his children, and the purported misinformation, or lack of … of relief for excusable neglect under R. 4:50-1. In support of this contention, Plaintiff cites to the Baumann …
- A-0175-19 Opinionnjcourts.gov… information about criminal activity prior to making any determination to recommend a reduction of the previously … a prosecutor may not be arbitrary or capricious in that determination." Id. at 228. "Although the [Gerns] hearing must … not fall under the Cooperation Agreement. The record fully supports the trial court's determination that defendant did …
- A-3439-18 Opinionnjcourts.gov… that she was in fear for her life and the lives of her children. The complaint also alleged that P.C. texted J.P.Q. … J.P.Q. moved for summary judgment. In an affidavit supporting her motion, she averred that she filed the … certainly be extreme and outrageous. Again, the judicial determination that the testimony was credible, coupled with …
- A-0818-18T2 Opinionnjcourts.gov… the sound discretion of the trial court. As a discovery determination, a trial court's grant or denial of a motion to … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the … of the sidewalk at the time of her fall. No evidence supported plaintiff's argument the uneven portion of the …
- A-0851-19T1 Opinionnjcourts.gov… on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … courts serve in ratifying plea agreements lends additional support to the principle that appellate courts owe deference … especially because the Law Division judge's ruling finds support by what is not in the record. Specifically, the …
- A-3194-18T2 Opinionnjcourts.gov… representations made by defense counsel at oral argument unsupported by defendant's expert, and on the unsupported supposition the vehicle that was the alleged lemon … the vehicle "has been sold back to FIAT" and she attached supporting documents evidencing the car had been sold back …
- A-0992-16T4 Opinionnjcourts.gov… that contained plaintiff's name and logo and stated "We support Parsippany teachers . . . ." Teachers also wore … a judgment entered in a non-jury case is limited. "[W]hen supported by adequate, substantial and credible evidence[,]" … "should not be disturbed unless . . . 'they are so wholly insupportable as to result in a denial of justice . . . .'" …
- A-0258-16T4 Opinionnjcourts.gov… Edward Wlodarczyk, at the age of sixty one. Unmarried and childless when testator executed the will and trust, … "If the court, accepting as true all the evidence which supports the position of the party defending against the … of Kaehall's solicitation was not relevant to the judge's determination. Rather, testator's intention was clearly …
- A-2878-16T1 Opinionnjcourts.gov… and local law enforcement officers," the trial court's "determinations of reasonable suspicion and probable cause … see State v. Golotta, 178 N.J. 205, 219 (2003), it cannot support the investigatory stop that occurred here for the … an unreasonable seizure was not abandoned. We reject as unsupported by the evidence the State's assertion that …
- A-5756-17T1 Opinionnjcourts.gov… duty in this instance. Our jurisprudence does not support a duty for a commercial landowner to maintain … snowstorm, such as defendant here, lacks merit, and is unsupported by statute and case law. In support of its position, defendant relies upon Hill v. Saint …
- A-3998-14T1 Opinionnjcourts.gov… lived upstairs with defendant's sister Carolyn and her children. At the time of the incident, the real estate taxes … testimony from an accident reconstruction expert to support the theory that defendant's truck struck the RV … both before and after the incident, were admitted to support the State's theory that defendant murdered …
- A-2447-16T4 Opinionnjcourts.gov… v. Pickles, 46 N.J. 542, 577 (1966)). We defer to findings supported by sufficient credible evidence in the record, … 240 N.J. Super. 412, 417-19 (App. Div. 1990). The record supports the judge's finding that the officers were not … testimony usurped the jury's singular role in the determination of defendant's guilt and irredeemably tainted …