njcourts.gov
… the juror. The judge's decision not to excuse for cause is supported by the record. Her initial question was whether … on the witness's perception which can assist the jury's determination of a fact in issue. Eugene's testimony fell … with regard to the pointing offense. The claim is not supported by the record. By way of context, the judge …
njcourts.gov
… TO MAKE ANY FINDINGS OF FACT OR CONCLUSIONS OF LAW IN SUPPORT OF ITS ORDER DENYING . . . DEFENDANT'S [RULE] … hearing, pursuant to Rule 3:22-10(b), together with a supporting affidavit, supplemental certification, and brief, … imposing the consecutive sentence even though they may have supported such a sentence. Recognizing that "there can be no …
njcourts.gov
… We agree. As such, although we affirm the PCR judge's determination there were no Brady violations, we are … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … to the jury." Ways, 180 N.J. at 191. The record does not support the PCR judge's finding defendant had prior …
njcourts.gov
… and PCR counsel filed an affidavit of defendant in support of the petition, arguing that defendant had been … sentence and that defendant failed to provide any factual support for any of his allegations. The judge entered an … defer to the motion judge's findings so long as they are "supported by sufficient credible evidence in the record." …
STATE OF NEW JERSEY VS. GREGORY CRANCE, ET AL. (1016-PKS-2019-52031, 1016-PKS-2019-52033, 1016-PKS-2019-52034, 1016-PKS-2019-52035, 1016-PKS-2019-1016-PKS-2019-52036, 1016-PKS-2019-52037, 1016-PKS-2019-52038, 1016-PKS-2019-56891, 1016-PKS-2019-56894, 1016
Opinions
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… fines were authorized by statute, the court's findings were supported by substantial credible evidence, and the amounts … Factual findings will be upheld on appeal when they are supported by substantial credible evidence. Seidman v. … unless those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant …
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… discovered evidence obtained in the civil trial, which supported defendant's assert ion that he was not guilty of … Harrison's innocence, nothing on the record in this case supports a conclusion that he is innocent of the charge. 8 … elements of an offense." Id. at 404. If a factual basis to support the guilty plea has not been provided, the "analysis …
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… and various friends and family members again spoke in support of defendant and K.B. The State argued N.J.S.A. … FINDINGS REGARDING AGGRAVATING FACTOR [NINE] WERE NOT SUPPORTED BY THE RECORD. IV. AS APPLIED BY THE SENTENCING … need to deter the public from drinking and driving were supported by the record. The decision to impose a custodial …
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… 3:8-3: Representation by Public Defender (a) Application; Determination; Referral. The criminal division manager's … court will uphold a PCR court's factual "findings that are supported by sufficient credible evidence in the record." … a second petition for PCR). Nevertheless, a PCR court's determinations of law are given no deference and are reviewed …
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… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … However, we conduct a de novo review of a PCR judge's determinations based on his/her legal conclusions. Ibid. When … "mixed questions of law and fact" we defer "to the supported factual findings of the trial [judge]" but we …
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… check supposedly sent to him by Price through email in support of his position that she was not telling the truth … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence. ' … appellate court is] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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… (2019)). "If 3 A-3871-19 the complaint states no claim that supports relief, and discovery will not give rise to such a … in Newark owned by Jabez. In its complaint, MTAG sought a determination of the amount due on its tax sale certificate, a … of their own inaction." Appeal of Twp. of Monroe from Determination of Loc. Fin. Bd., 289 N.J. Super. 138, 147 (App. …
njcourts.gov
… not prevented from presenting any evidence or arguments in support of her position. See also Sheild v. Welch, 4 N.J. … result in a "pattern of conduct or incidents" that would support application of the doctrine. Id. at 563. 11 … or any reasonable inference to be drawn therefrom, does not support the conclusion that grapes were given out on the day …
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… . . . . [N.J.S.A. 47:1A-10 (emphasis added).] This further supports our view that "citizen," as used in N.J.S.A. … as a restrictive term. The purpose and history of OPRA support our construction. OPRA embodies "the State's policy … Bill No. 2003, which was adopted as OPRA, also lends some support for that view, because the Statement referred to …
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… Initially, the parties executed the Performance Assurance Support Services Agreement (PASS Agreement), requiring the … [have been] withheld.'" The trial judge found additional support for his conclusion in the governing law provision of … the arbitration provision, standing alone, might support Schneider's argument that it is mandatory because …
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… administration of court rules, resulting in an unjust determination and the needless expenditure and delay caused by … Experts Reports Pursuant to Rule 4:23-5(3)(b) [sic]." They supported the motion with a certification from their … the Court Rules "shall be construed to secure a just determination, simplicity in procedure, fairness in …
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… judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … Third, an arrest requires "probable cause and generally is supported by an arrest warrant or by demonstration of … have no reason to disturb the judge's findings, which are supported by the credible evidence in this record. The …
njcourts.gov
… by a "supplemental certification" from defendant in support of his petition, asserting ineffective assistance of … contained in his original pro se petition and any other supporting arguments submitted to the court." The State … FOR A JUDGMENT OF ACQUITTAL AND THAT THE VERDICT WAS NOT SUPPORTED BY THE EVIDENCE. 10 A-3597-22 POINT TWO THIS …
njcourts.gov
… We affirm because the petition was untimely and otherwise unsupported. I. The facts underlying defendant's convictions … "'good cause' for the assignment of counsel," but those determinations "d[id] not cure the untimely filing." The judge … PCR judge's finding, the first PCR judge made no such determination. Moreover, under Rule 3:22-6(b), "good cause" …
njcourts.gov
… COMMENTS DURING THE PROSECUTOR'S CLOSING WHICH WERE NOT SUPPORTED BY THE RECORD AND WERE USED TO ESTABLISH MOTIVE … only if the defendant makes a prima facie showing in support of the requested relief, State v. Preciose, 129 N.J. … evidentiary hearing, we review [their] legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… In July 2020, defendant filed a pro se petition for PCR supported by a counselled brief. Defendant contended trial … the trial court stated it did "not have any evidence to support a finding that defendant was insane, or that he … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …