njcourts.gov
… PCR brief, defendant acknowledged trial counsel's brief in support of the motion for a new trial in which counsel … it 'concealed[,]'[] nor is there any proof in the record to support that the transcript of [Melissa's mother]'s … hearing, this court "review[s] its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… performed "a significant number of tasks" in that state. To support its decision, the court noted plaintiff was retained … Hosp., 257 N.J. 33, 71 (2024), we reject plaintiff's unsupported claims. We affirm the orders under review … frivolous when "no rational argument can be advanced in its support, or it is not supported by any credible evidence, or …
njcourts.gov
… not defendant. Defendant filed a timely pro se petition supported by a certification in which he attested there was … Defendant's father also submitted a certification in support of defendant's petition which stated he brought the … The PCR court denied defendant's petition and supported its decision in a comprehensive written opinion. …
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… traffic stop. In a February 2, 2022 letter brief filed in support of the motion, defendant noted that after enactment … 2022, defendant submitted a supplemental letter brief in support of the motion "to address the alleged reasonable and … infraction, the evidence they found 7 A-2983-22 does not support their claim for what they perceived to be their …
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njcourts.gov
… $200,000. Plaintiff's counsel maintained that the proofs supported the conclusion that the $200,000 payment was a … here. II We accord deference to a "trial court's determinations, premised on the testimony of witnesses and … to accord deference to the trial court's credibility determination[s] and the judge's 'feel of the case' based upon …
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njcourts.gov
… the following facts from evidence the parties submitted in support of and opposition to the summary judgment motion. … to prosecute precluded him from making a probable cause determination. Nonetheless, after reviewing the detective's … to rely on the municipal court judge's probable cause determination. According to the judge, based on DeLorenzo's …
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njcourts.gov
… did not alert the jury that evidence in the record supported all four elements of the affirmative defense. … available to defendant unless there is evidence in the case supporting all of the four requirements and not merely one, … motion for acquittal. We see no reason to disturb that determination. Affirmed. … a2501-18.pdf … A-2501-18 …
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njcourts.gov
… appellant argues the trial court's order was not supported by admissible credible evidence and was arbitrary, … his knowledge of local conditions and his discretion supported by the facts. Not only did the chief here have … . . . ." Based on its factual findings and credibility determinations, the court found Calabrese had shown by a …
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njcourts.gov
… recite the facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … indicate that no work was done on such. Withstanding any determination of whether the warranties were full and … Measured by this standard, we agree with the judge's determination that there were no disputed issues of material …
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njcourts.gov
… board was justified in finding that special circumstances supported the variance and that not granting it would cause … thereby provide a more substantive basis for the typical determination that the variance will not substantially impair … variance is in accord with the municipality's legislative determination that the condition should be imposed on all …
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njcourts.gov
… WAIVER IS ERRONEOUS AND UNJUST IN THIS INSTANCE. The ACLU supports J.D.'s position and argues that because the current … waiver statute governs. They contend that that ruling is supported by the Supreme Court's decision in J.V., other … consideration of the possibility of rehabilitation is supported by the legislative history. In a statement …
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njcourts.gov
… the presumption of correctness that attaches to its final determinations assessing additional tax upon plaintiffs, which … dispute regarding the correctness of the Division’s final determinations. As such, the court denies both parties’ … accountant submitted additional documentation in support of tax-exempt sales, the auditor reduced the audited …
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njcourts.gov
… information and, therefore, there was no privacy concern supporting non-disclosure of the 911 call. NJAM warned that … to "evaluate the entire 911 call in camera and make a determination that it should not be provided." Since there was … protective order was filed proactively to obtain a legal determination from the court balancing the public's right to …
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njcourts.gov
… presented during the original motion, namely, (1) unsupported allegations of the subject property’s occupancy; … will be eroded. As such, the court reaffirms the determination made in its December 14, 2018 opinion that … selling price of real property involved in a judicial determination of its assessable value is a ‘guiding indicium’ …
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njcourts.gov
… relating to the variances "are without legal or factual support." The court further concluded, "A review of the … Ramsey, 51 N.J. Super. 520, 540-41, (App. Div. 1958). The determination of a zoning board is presumed to be valid. … We next address defendants' argument that the record lacks support for the trial court's conclusion that the Board …
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njcourts.gov
… was not arbitrary, capricious, or unreasonable , and was supported by substantial credible evidence in the record. He … erred . . . ." He also declined to disturb the Panel's determination that the Port Authority "did not act in good … We accord a deferential standard of review to an agency's determination unless the decision was arbitrary, capricious, …
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njcourts.gov
… judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … marks omitted). Thus, we will reverse the trial court's determination of whether to allow a defendant to withdraw a … review of the plea hearing transcript supported his "determination that there was an adequate factual basis for the …
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njcourts.gov
… independent judgment before approving it, and the affidavit supporting the search warrant contained statements that were … Turning to the issue of whether the search warrant was supported by probable cause, the motion judge found the … is required to pay substantial deference to the judge's determination" of probable cause. State v. Dispoto, 383 N.J. …
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njcourts.gov
… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the 14 A-0808-18T2 … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. …
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njcourts.gov
… was not the result of the member's willful negligence; 5 In support of this assertion, the Board cited not Stankowski's … the Board provides no basis for concluding that the FCE's determination in 2008 that Stankowski was capable of … 435 N.J. Super. at 584. The Board made no such requisite determination. Nonetheless, the Board credited Dr. Berman's …