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… incidents. We reject this contention as wholly without support in the record. Defendant also contends the police … (1985). The court's reasons for imposing the sentence were supported by competent and credible evidence in the record. …
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… to prove or disprove any fact of consequence to the determination of the action." State v. Darby, 174 N.J. 509, … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, … addressed defendant's sentencing arguments, and the record supports his decision not to apply mitigating factors four, …
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… as to what that strategy was. Contrary to the PCR court's determination that Bascus's statement to Kelly was probably … taken from Kelly alleges specific facts and evidence supporting defendant's allegations. See State v. Porter, 216 … prosecutor, proffering "specific facts and evidence supporting his allegations." Porter, 216 N.J. at 355. 17 …
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… abuse. The State countered defendant's actions and words supported a purposeful or knowing murder conviction. The … or that his findings of the aggravating factors were not supported by evidence in the record. Guided by our highly …
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… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … A-1135-17T4 We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … v. Puchalski, 45 N.J. 97, 106 (1965). "The voluntariness determination weighs the coercive psychological pressures …
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… or if counsel concluded that the circumstantial evidence supported the weapons convictions on one or both of those … a more fulsome record that reflects counsel's reasoning supporting the decision not to file an applicable motion in …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … 917 (8th Cir. 1994)). A de facto arrest is lawful only if supported by probable cause. Id. at 478. Property that is …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … To be sure, the Pruden-Vasquez prongs are included in a determination of the voluntariness of a statement which … also State v. Tillery, 238 N.J. 293, 316 (2019), and a determination of whether defendant's decision to waive his …
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… her dogs early in the morning nor cook breakfast for her children before they go to school. Her social life has been … shall be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… 149 N.J. 1, 8 (1997). "The principal components of a determination of reasonable suspicion" are the events that … means. We find no reason to second-guess the judge's determination that the discovery of the cash and knives found … no merit in this argument because the evidence would not support such a finding; the only evidence of a conspiracy …
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… of the circumstances standard applies to probable cause determinations because probable cause is a "fluid concept – … the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" … of South [Toms] River . . . for Halloween celebrations with children around. So, [the court found] that the risk posed …
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… conversation with the caller in a certification filed in support of his motion for a "hearing on juror misconduct" … of discretion standard applicable to a judge's mid-trial determination of the appropriate course of action upon a … counsel's certification, even if substantiated, would not support setting aside the conviction, the trial court erred …
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… Defendant and amici cite the following passage from Roig as supporting their argument the Legislature intended to bar an … v. Georges, 372 N.J. Super. 246, 251 (App. Div. 2004), in support of their argument that, because we declined to …
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… Section 51 to repeal Section 7.13. It also provides further support for our holding that the repeal amounted to an … does not constitute, the Legislature provided further support for our conclusion that the definition of "action" … is limited. Lewis ex rel. Lewis v. Catastrophic Illness in Children Relief Fund, 336 N.J. Super. 361, 369 (App. Div. …
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… 2020, Care One moved for summary judgment, seeking a determination that plaintiff could not assert a claim based on … N.J.S.A. 26:2H-148 to -157, expressed the Legislature's determination that persons suffering from dementia – like … defined "assisted living" as "a coordinated array of supportive personal and health services, available 24 hours …
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… defined in N.J.S.A. 2C:11-5.1. We find further support for our interpretation of the statutes' express … intent in creating them, and the specific facts supporting both convictions, Tate, 216 N.J. at 306, we …
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… concluding the State had presented sufficient evidence to support a prima facie case, and Egan's testimony did not … [applicable] to grand jury proceedings," and "[a] determination of whether Officer Egan's testimony required a … grand jury's independence and improperly influence[s] its determination. '" Bell, 241 N.J. at 561 (alterations in …
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… Atlantic City. According to the affidavit of probable cause supporting the complaint- warrant, defendant was lying in … the complaint-warrant after making a probable cause determination, and the trial court determined the new charges were therefore supported by probable cause, the State contends defendant …
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… without prejudice, finding the record was inadequate to support class certification. Plaintiffs moved for leave to … Given this analysis, the court does not need to make a determination on the superiority and predominance issues. … to his prior opinions, made 15 A-3393-21 credibility determinations regarding the plaintiffs, and refused to case …
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… motion and denying defendants' cross-motion. The court supported its ruling with a written opinion. The Chancery … enforcing the provision, those fees are not recoverable. To support that argument, defendants cite Johnson v. Johnson, …