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… from ICPC funds for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or … 6 A-4327-18T2 submitted by Mazooz Sehwail and/or [wife] in support of their claim; all correspondence between NJM and … to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401. …
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… filed a motion in opposition to plaintiff's motion and in support of their cross-motion to enforce the settlement. In … the record and set forth specific findings of fact to support its decision, we need not address defendants' second …
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… JUDGE FAILED TO APPROPRIATELY CONSIDER MR. WOOLLEY'S CHILDHOOD TRAUMA AND MENTAL HEALTH DISEASES AS A MITIGATING … health and 12 A-1603-18T4 traumatic episodes of his childhood. In particular, defendant argues the court was … of his or her sentencing deliberations, mitigating factors supported by credible evidence. State v. Case, 220 N.J. 49, …
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… the additional robbery convictions. Defendant provides no support for the assertion that the two additional robbery … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … We disagree as defendant's arguments are factually unsupported by the record and legally meritless. 10 …
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… 1990). However, we add the following remarks. Factual determinations "made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … this strong presumption, and its conclusion is adequately supported. The heart of defendant's theory is that his two …
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… his weighing of the sentencing factors was reasonable and supported by credible evidence in the record. See Pierce, … the elements of the relevant offense in making that determination. State v. Fuentes, 217 N.J. 57, 74-75 (2014). … There was no abuse of discretion in the judge's determination that based upon the nature of the offense 12 …
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… of sexual assault, endangering the welfare of numerous children, and related offenses. On March 27, 2014, the trial … and a challenge to the sufficiency of the evidence that supported defendant's conviction under the indictment's … IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 N.J. 391, …
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… the conduct of the other alleged conspirator. This jury determination was based upon their evaluation of the … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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… CONST., AMENDS. V, XIV[.] In reviewing a trial judge's determination regarding whether to admit or suppress a … defer to the judge's factual findings so long as they "are supported by sufficient evidence in the record." State v. … and voluntariness turn[s] on factual and credibility determinations, we need only find sufficient credible evidence …
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… TO THE [JUDGE'S] IMPROPER RULING. Our review of a judge's determination to commit an individual is "extremely narrow," … of 6 A-3246-19 R.F., 217 N.J. 152, 175 (2014). A judge's determination should not be disturbed if the judge's findings are "supported by 'sufficient credible evidence present in the …
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… trial judge's decision, provided that those findings are "supported by sufficient credible evidence in the record." … issue. Even so, we conclude that the record does not support a finding that defendant's failure to utilize his …
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… provided the court with certifications and documentation supporting the court's calculations of damages and the final … 4:50-1. We give substantial deference to a trial court's determination of a motion to vacate a default judgment and … no abuse of discretion 13 A-1493-19 in the court's determination that defendants did not present a meritorious …
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… Cir. 1996)). Frankly, both parties have made arguments that supported the trial court's damages formula when it helped … considered in the damages formula. At that point, defendant supported the formula that it argued against in the previous …
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… stating the rules "shall be construed to secure a just determination, simplicity in procedure, fairness in … to her bad faith conduct. We see no basis to upset that determination. Futrell next contends the order to proceed summarily deprived her of discovery that could support her claims and defenses, thereby denying her due …
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… The judge also considered the defense expert report in support of the reconsideration motion and determined a jury … Thus, plaintiff was required to present expert testimony supporting the dislocation of the bit from the dental drill …
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… demonstrate with particularity how further discovery will support missing elements of her cause of action. See … and the vagueness of what caused plaintiff's fall support granting summary judgment in favor of defendants. …
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… (requiring 8 A-2437-20 "specific and articulable facts" to support reasonable suspicion to justify a warrantless Terry … the State has not cross-appealed the trial court's determination of an illegal stop. The State argued, and the … not rely on facts that it already deemed inadequate to support reasonable suspicion for the initial stop. We do not …
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… following facts are derived from the evidence submitted in support of and in opposition to the summary judgment motion, … a reasonable time. Plaintiff has provided no facts to support that theory beyond mere speculation. Taking …
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… to Rule 4:50-1. And, the judge found there was no factual support to determine the Kars were not properly served with … motion" because their letter memorandum does not offer any supporting "law, statute, or court rule." A memorializing … any judgment only "to the extent that such judgment is a determination of the personal liability of the debtor with …