-
njcourts.gov
… Defendant attested he was currently married, had two children, was gainfully employed and paid taxes. When … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of …
-
njcourts.gov
… Defendant was appointed counsel who filed a brief in support of his petition. On November 21, 2018, Judge Mega … opinions regarding Wilson's cause of death has no support in the record. Although Dr. Shaikh did acknowledge … voice identification was believable.5 The jury made that determination. Likewise, we reject defendant's argument that …
-
njcourts.gov
… of novel and recycled arguments, many of which are unsupported by citations to the record or a legal authority … 3 Defendant concedes it has offered no legal authority to support its "cascade zoning" argument, that "the Cascade … of review, and 21 A-2604-19 thus the trial court's determination of such issues is accorded no deference. Kaye v. …
-
njcourts.gov
… As to Goode, we noted: Goode submitted a certification in support of his PCR petition, which explained the interaction … of proceeding to trial. [Davis's] lawyer lent some support to this claim by stating that his client had wanted … standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" …
-
njcourts.gov
… in the record those notices of appeal, any documentation supporting the withdrawal of those appeals, or our dismissal … orders, his appellate counsel submitted a certification in support of defendant's application to file the 12 A-4592-18 … be allowed to file his notice of appeal as within time. In support of that application, counsel in the Office of the …
-
njcourts.gov
… principals, as Pagan had presented no evidence to support a claim against them. The jury returned a verdict … instruct you that there is no evidence in the record to support this particular theory. The theory of liability to … Having said that, we note the record does not necessarily support the imposition of sanctions against Acosta. After …
-
njcourts.gov
… until defendant indicated he understood. The record amply supports that defendant knowingly, voluntarily and … instructions or charge. We review a trial court's determination regarding the admissibility of prior bad acts or … 2C:44-1(b)(2). 10 N.J.S.A. 2C:44-1(b)(11). 20 A-1720-16T1 children; there was no proof defendant was a custodial …
-
njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … deposition testimony did not alter the judge's previous determination that Halbert was not acting within the scope of … 184 N.J. 612, 627 (2005)). "Similarly, the trial judge's determination as to the meaning of the ordinance is not …
-
njcourts.gov
… 11 A-3760-14T2 which can be drawn from that evidence, support the jury verdict." Wade v. Kessler Institute, 343 … this review, we "must accept as true all evidence supporting the position of the party defending against the … Co., 155 N.J. 544, 567 (1998)). The jury's factual determinations should only be disturbed if the reviewing court …
-
njcourts.gov
… 5 A-4692-14T3 Nevertheless, there was other evidence supporting Haigney's improper attachment theory. Bia … it had no notice and which was not alleged by Haigney or supported by lay or expert evidence. U-Haul also argued that … support at all in the record justifying the arbitrator's determinations for a court to deny enforcement of an award." …
-
njcourts.gov
… develop a meaningful factual record prior to any judicial determinations as to the validity of the ordinances"; "the … Inc. v. Bd. of Adjustment, 56 N.J. 362, 368 (1970). "The determination of such an issue depends upon an evaluation of … to endorse the application is not before us. 6 The only support for that allegation in the record is a statement by …
-
njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … funded technology, via the Internet Crimes Against Children (ICAC) grant, to investigate internet crimes against children." Approximately six months later, she attended …
-
njcourts.gov
… protections in the state and federal constitutions.4 In support, defendant submitted a December 26, 2013 … these principles, we find no error in the PCR judge's determination that H.P.'s statement was not material. The … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
-
njcourts.gov
… made. [Qasim] argues that the record before the [c]ourt supports the finding of a meeting of the minds between … as an "Authorized Signatory" of [d]efendant Fulton Bank supports and confirms an initial agreement between the … Prosecutor, 171 N.J. 561, 571 (2002)). Attorney's fees determinations will be disturbed "only on the rarest of …
-
A-1105-23 Briefs
Briefs
njcourts.gov
… ways-from manifest lack of inherently credible evidence to support the finding, obvious overlooking or undervaluation … claims if a defendant has presented a prima facie claim in support of post-conviction relief. As in a summary judgment … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
-
njcourts.gov
… or did not address, so long as those arguments are in support of the trial court's order. See Lippman v. Ethicon, … respondents, defendants can raise alternative arguments in support of the trial court's judgment without filing a … of the settlement between the parties. We do not make any determination as to the viability of any current or future …
-
njcourts.gov
… the Civil Service Commission. In an affidavit submitted in support of her appeal, plaintiff averred that Valentin had … Commission consolidated plaintiff's appeal of the EED's determination with her appeal of the discipline "due to common … race or sex, meaning she could not rely on the incidents to support her hostile environment claim. See Herman v. Coastal …
-
njcourts.gov
… with a crime that carried a presumption of imprisonment. In support of his application, defendant submitted a statement … to rehabilitation. Defendant's arguments are not supported by the motion record. We are satisfied the court … to the sentencing court's assessment of those factors if supported by "competent, credible evidence in the record." …
-
njcourts.gov
… December 21, 2017 refund denial notice (“final determination letter”), under N.J.S.A. 54:50-6(a). Defendant’s December 21, 2017 final determination letter contains the taxpayer appeal instructions … letter with sixteen pages of documentation attached in support of her refund claim. By letter dated October 21, …
-
njcourts.gov
… Brady,[1] defendant has not put forward any evidence in support of his claim that the information sought could be … sought was limited and specific, "defendant has failed to support his discovery request with any explanation of his … court's interpretation of OPRA, which constitutes a legal determination. In re N.J. Firemen's Ass'n Obligation, 230 N.J. …