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- njcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 76 (quoting Muhammad, 176 N.J. at 195-96). The threshold determination as to "[w]hether property is in a 'dangerous …
- njcourts.gov… someone else was the assailant. And the record would not support such an inference. VI Finally, we address …
- STATE OF NEW JERSEY VS. WAYNE KACZOWSKI (15-12-0683, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… began in 2008; (3) he needed the income from the new job to support himself and his wife; (4) he had no other reasonable … advances no convincing argument that the prosecutor's determination was a patent and gross abuse of discretion. …
- STATE OF NEW JERSEY VS. JOEL CINTRON (08-08-0895, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… that defendant's statements were not the only evidence supporting his conviction. The judge explained: Without …
- njcourts.gov… required that "plaintiffs must allege particular facts in support of their claims of attorney incompetence and may not … court may conduct an evidentiary hearing, if credibility determinations are required, and consider whether plaintiffs' … 55, 87 (App. Div. 2007) (recognizing that the "ultimate determination of equitable matters is for the judge alone to …
- STATE OF NEW JERSEY VS. MARCUS A. DAVIS (13-05-0473, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 429 (App. Div. 2017), certif. denied, __ N.J. __ (2018), supports his argument. The State responds that Cain should …
- STATE OF NEW JERSEY VS. DAKENS EXANTUS (16-02-0428, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. …
- STATE OF NEW JERSEY VS. CHRISTINE CHANSKY (16-07-0546, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… other grounds, 7 A-2101-16T1 188 N.J. 359, 362 (2006), for support, the prosecutor determined that "defendant's crimes …
- STATE OF NEW JERSEY VS. JOSE M. VEGA (09-04-0539, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… denying his DNA motion.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 …
- N.M. VS. A.S. (FV-09-0428-16, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.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 …
- njcourts.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 …
- STATE OF NEW JERSEY VS. ANDRE SCOTT (09-05-0432, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.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." …
- njcourts.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 …
- njcourts.gov… the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of …
- njcourts.gov… summary judgment; however, we base our affirmance on our determination that no jury could objectively conclude that … review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated … for the jury. See Vincitore, 169 N.J. at 130. However, a determination of palpable unreasonableness, "like any other …
- njcourts.gov… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or underevaluation …
- njcourts.gov… true value. They then moved for summary judgment. In support of the same, they certified that when they contacted … favorable to the non- moving party, the court finds the unsupported assertions of an uncorrected under-assessment and …
- STATE OF NEW JERSEY VS. ROBERT HERD (16-06-1041, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… v. Nwobu, 139 N.J. 236, 240 (1995)). Accordingly, "a PTI determination requires that the prosecutor make an … own assessment of those factors. Contrary to the judge's determination, the prosecutor's assessment of factors eight … 14 A-3036-16T1 pattern of antisocial behavior, finds clear support in the record. The judge also misread factor eleven …
- STATE OF NEW JERSEY VS. CANDIDO MAYAS (07-02-0163, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… between Helmer and Branco. There is nothing in the record supporting defendant's theory that Branco planned to join …
- STATE OF NEW JERSEY VS. MARWIN MCKOY(13-12-3133, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… much less plain error, in the jury charge. B. To further support his argument, defendant claims his trial counsel was … Ibid. Thus, we decline to consider this point. Our determination is without prejudice to defendant's raising it … of probation. Inasmuch as the court did not make this determination, we remand for resentencing to determine …