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- A-3817-17T2 Opinionnjcourts.gov… did not object to the jury charge at trial, which lends support to the "presumption that the charge was not error" …
- A-1341-18T2 Opinionnjcourts.gov… A domestic violence restraining order implies a judicial determination that a person barred from contact has engaged in … accompanied by a limiting instruction. The items did not support an element the State was required to 14 A-1341-18T2 …
- A-2813-18T1 Opinionnjcourts.gov… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the facts." Id. at 49. Our review of a court's "legal determinations is plenary." State v. Handy, 206 N.J. 39, 45 … State v. Nunnally, 420 N.J. Super. 58 (App. Div. 2011), to support his claim the summons should be dismissed because …
- A-2983-18 Opinionnjcourts.gov… of the first because the officer had not finished is not supported by the record. In any event, each warrantless …
- A-5588-18 Opinionnjcourts.gov… as amici curiae on appeal, join in Haddonfield's arguments supporting the validity of the Ordinance. We affirm the … comments. Our standard of review from a trial court's determination regarding the validity of a municipal ordinance …
- A-0505-18T1 Opinionnjcourts.gov… curative instruction was given. We found the record did not support the claim of ineffective assistance of counsel. …
- A-1571-19 Opinionnjcourts.gov… that was ultimately found in the room. Other evidence supported the link between the heroin found and defendant, … of heroin involved in the case." We "review sentencing determinations in accordance with a deferential standard." … the removal of the predicate offense from the sentencing determination impacts the length of the term imposed. Affirmed …
- A-3451-17 Opinionnjcourts.gov… "[f]ailure to provide the information needed to make a determination." Hammonton Center requested an administrative … Without that, ACBSS could not "complete its eligibility determination . . . ." 9 A-3451-17 On appeal from the final … capricious, or unreasonable, or that it lacks fair support in the record.'" R.S. v. Div. of Med. Assistance & …
- A-4544-17T2 Opinionnjcourts.gov… Family Part judge's fact-finding is binding on appeal when supported by adequate, substantial, credible evidence. … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
- A-1214-17T4 Opinionnjcourts.gov… Schlesinger argued the cause for respondents (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … or "responsibility." Ibid. In her statement of reasons in support of the November 9, 2017 order, the judge agreed with …
- A-1340-17T3 Opinionnjcourts.gov… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … (App. Div. 1963)). Our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … their claim that they owned the vehicles. These are legal determinations that we review de novo. There really is no …
- A-6004-17T2 Opinionnjcourts.gov… unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … if landlord institutes any action to evict tenants. Our determination that landlord was not required to provide notice … interest in an action, and encourage the conclusive determination of a legal controversy. Ibid. Those goals would …
- A-3841-17T1 Opinionnjcourts.gov… Fowler was not involved in starting the fire. Indeed, in support of this strategy, the trial counsel called two alibi … fire, this wasn't a fire that smoldered. That was his determination. This fire was lit and caught up so you know it …
- A-1896-18T3 Opinionnjcourts.gov… appropriate, and just[,]" was a sufficient pleading to support plaintiff's post-trial demand for equitable relief. … relief application should be deducted from the award. The determination of those fees and costs are subject to the …
- A-4910-17T2 Opinionnjcourts.gov… an expert witness, familiar with Wegner's condition, to support such an inference. We reject defendants' argument …
- A-3492-15T4 Opinionnjcourts.gov… unless "'a defendant has presented a prima facie [case] in support of post- conviction relief.'" State v. Marshall, 148 … testimony, a belated, "bare assertion of an alibi" unsupported by other evidence). The PCR court, who sat as the … same motel. Given that evidence, defendant's belated and unsupported attempt to blame his own son was highly unlikely …
- A-4025-15T1/A-4100-15T1 Opinionnjcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 10 A-4025-15T1 N.J. Super. … . ." J.S. v. R.T.H., 155 N.J. 330, 337 (1998). "[I]n its determination whether to impose a duty, [a court] must also … to prevent her husband's sexual abuse of her neighbor's children. J.S., 155 N.J. at 334, 353-54. The Court found …
- A-2291-16T4 Opinionnjcourts.gov… We "will uphold [a] PCR court's findings that are supported by sufficient credible evidence in the record." … under the abuse of discretion standard [a] PCR court's determination to proceed without an evidentiary hearing." …
- A-0512-15T3 Opinionnjcourts.gov… denying his DNA motion. We affirm. I. The trial testimony supporting defendant's convictions are set forth in detail … Ibid. However, "our review of a trial court's legal determinations . . . is de novo." Ibid. N.J.S.A. 2A:84A-32a …
- A-5310-15T3 Opinionnjcourts.gov… must "not accept passively the submissions of counsel to support the lodestar amount." He found that "this task has … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …