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… PLAINTIFF'S EMPLOYER WAS ERRONEOUS BECAUSE THE RECORD SUPPORTS THE APPLICATION OF THE INTENTIONAL WRONG EXCEPTION … SHOULD LOSE ITS STATUTORY IMMUNITY. POINT II PUBLIC POLICY SUPPORTS LAUMAR'S POSITION. II. We review the trial court's … to any other method, form or amount of compensation or determination thereof than as provided in this article and an …
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… consequences of his guilty plea. Defendant stated in his supporting certification, that prior to pleading guilty, the … the factual bases for his guilty pleas were not adequate to support a knowing and voluntary waiver of his rights, … that . . . [the alleged violation] played a role in the determination of guilt." State v. Laurick, 120 N.J. 1, 13 …
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… (b). Each factor found by the court must be relevant and supported by "competent, reasonably credible evidence." Id. … 2C:44- 1(a)(6). There is credible evidence in the record supporting the trial court's determination. Defendant has a lengthy criminal history to …
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… defer to the court's factual findings provided they are supported by sufficient credible evidence in the record. … the opportunity to contact an attorney. Here, the record supports the court's finding that defendant was not credible … there is sufficient credible evidence in the record supporting the trial court's findings of fact. We also …
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… and counterclaims lacked both legal merit and evidentiary support. Accordingly, it determined that ARLP satisfied all … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … Ass'n, 132 N.J. 330, 334 (1993)). "The trial court's determination . . . warrants substantial deference and should …
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… employees to petition the Commission for both a determination whether the duties they are performing conform … forward. The arbitrator explained that the Disputed Clause supported acting captain's pay for lieutenants after August … motion to supplement the appellate record with these determinations. The Borough has since submitted the final …
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… from judgment under Rule 4:50(f). In her certification in support of the motion, defendant stated, "[o]n [December 18, … R. 4:50-1 (2021). "On appellate review, the trial judge's determination 'will be left undisturbed unless it represents a … reasons expressed by the Supervising Judge, which are well supported by the evidence and legal precedent. We add the …
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… in rendering her decision, and that the decision was not supported by the record and the governing law. After … holding that the Board's findings and conclusions were supported by the evidence and were not arbitrary, … reasons for denying plaintiff's application find ample support in the record. Contrary to plaintiff's contentions, …
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… Miranda waiver and "consider whether those findings are 'supported by sufficient credible evidence in the record.'" … while he read defendant the warnings. The record does not support a finding that defendant's will was overborne. … overlap between the factors that govern a court's determination of whether a Miranda waiver is valid and the …
default
… for default, which was entered on December 8, 2020. To support its application for default, plaintiff provided an … On May 17, 2021, plaintiff moved for final judgment. In support, plaintiff's counsel attested she mailed defendant … the final judgment under Rule 4:50-1(a), (d), and (f). In support of her application, defendant challenged the service …
default
… of default, which the court granted on May 21, 2019. In support of its application, it provided an affidavit of … to vacate the final judgment under Rule 4:50-1(d). In support of his application, defendant certified he did not … the service of the complaint "amount[ed] to mere doubt" unsupported by any corroborating evidence. The judge also …
default
… not specify any particular documents in the file that would support defendant's theory that trial counsel was … to prove or disprove any fact of consequence to the determination of the action." R. 401. With respect to the … facie case of ineffective assistance. The PCR judge's determination was supported by sufficient credible evidence …
default
… on defendant's breach of the stipulation. The motion was supported by the certification of a tenant who claimed … of review following a bench trial is well-known. Final determinations made by the trial court sitting in a non-jury … judge failed to consider the hardship to her and her two children if she were to be evicted. That dilemma is, …
default
… the night of the shooting. There was no physical evidence supporting a robbery. No other witnesses offered testimony … when (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines there are disputed … main witness, Potts, and suggesting unfavorable facts not supported by the evidence. An evidentiary hearing is …
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… we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … are persuaded defendant produced insufficient evidence to support his arguments that purported conflicts of interest …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the … actions to pursue her claim, and the record does not support such a claim in any event. In sum, we are satisfied …
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… to Callaway that Brown and his uncle killed Hayes. To support his alibi contentions, defendant tendered affidavits … appeal, defendant argues that the PCR judge erred in his determinations, and that the alibi and third-party guilt … we will uphold the PCR court 's findings that are supported by sufficient credible evidence in the record." …
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… Police Department's (CCPD) Narcotics Gang Unit (NGU). In support of his motion to dismiss the indictment, defendant … arguments before the motion judge, noting defendant did not support his motion with the incident report from which the … on purely a legal question, however, we review that determination de novo." State v. Twiggs, 233 N.J. 513, 532 …
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… for ADR benefits, and therefore, affirmed the Board's determination denying petitioner's application. Petitioner … incident or since. Therefore, the Board adopted the ALJ's determination there was nothing undesigned or unexpected about … capricious, or unreasonable, or that it lacks fair support in the record." Mount v. Bd. of Trs., Police & …
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… their application in an order dated January 13, 2010, supported by a statement of reasons. The judge rejected … standard. Defendant does not challenge the trial court's determination that plaintiffs established by their summary … CFA as well as a triable issue for the factfinder. That determination satisfied the requirement that plaintiffs …