njcourts.gov
… for Drug Court on defendant's behalf. The record supports the court's determination defendant is legally ineligible for a Drug Court … established in the 2019 Manual are inapposite to our determination of defendant's PCR claim, however, because …
njcourts.gov
… I. Although we typically defer to a trial court's factual determinations, "[d]iscretionary determinations, supported by the record, are examined to discern whether an …
njcourts.gov
… guilty as a second offender of DWI, based on its determination the State had proven beyond a reasonable doubt … the combination of the officers' testimony and the video supported the municipal court's findings. The judge imposed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… There was sufficient credible evidence in the record to support the PCR court's findings. Moreover, Johnson … the issues could have been raised. There is no evidence to support defendant's claims. 10 A-1955-17T2 Post-conviction …
njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … identified three factors courts should consider in that determination: (1) the temporal proximity between the illegal … removed solely because of the canine sniff, which was unsupported by reasonable, articulable suspicion. Moreover, we …
njcourts.gov
… following facts are derived from the evidence presented in support of , in opposition to, and in reply to the motion … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …
njcourts.gov
… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
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… moved for reconsideration. The judge reiterated his determination that Chapter 78's mandatory contributions were … 2011. Plaintiffs rely upon N.J.S.A. 40A:10-21.1(b)(3) to support this argument.3 The reliance is misplaced. Although … not exempt from Chapter 78's contribution requirements. To support their assertion of a breach of contract argument, …
njcourts.gov
… motion judge issued an oral decision, finding no factual support for plaintiff's punitive damages claim. The judge … viewed in a light most favorable to plaintiff does not support "the likelihood of serious and imminent harm, much …
njcourts.gov
… 4:6-2. If a party presents matters outside the pleading to support a motion to dismiss for failure to state a claim, … when Walker submitted beyond-the-pleadings materials to support his dismissal motion. However, we shall not disturb …
njcourts.gov
… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced Judge Falcetano's findings are fully supported by the record. When petitioning for PCR, a …
njcourts.gov
… precedents, we conclude that there is ample evidence supporting the trial court's findings of fact and … 1, 2017 order denying Heir's motion for reconsideration. In support of his motion, Heir, in effect, reiterated the …
njcourts.gov
… when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
njcourts.gov
… Wilhelm's testimony and all the materials relied on in support of the position that Wilhelm engaged in fraud. I. … Wilhelm administratively appealed the Division's determinations. Initially her appeals were dismissed as … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue." Utley v. 7 …
njcourts.gov
… he first had sought reemployment in that title. The HSCO supported appellant's request. The CSC approved appellant's … former positions retroactive to 2002. That contention is unsupported by the plain language of the statute. The statute … original sponsors of the amendment that would presumably support his interpretation, it should be noted that such a …
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… the motion judge correctly assumed there was evidence to support plaintiff's assertion that Robinson was unfamiliar … analysis does not require consideration of the judge's determination that the rental agreement is a contract of … assertion on which the ruling was based was the judge's determination that the agreement's scope of intended …
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… Defendant cites to an unpublished case of this court to support his contentions. Under Rule 1:36-3, the unpublished … of gamesmanship established under the discovery rules and supporting case law. See Montague, 55 N.J. at 397 …
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… or subsequent application for [PCR]. [R. 3:22-4(b)(2).] To support defendant's PCR claim, he points to this court's … would have accepted them. Nor is there sufficient evidence supporting defendant's bald assertion that there is a …
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… Farm knew he relocated to New Jersey in December 2017. In support of this argument, plaintiff noted State Farm sent … for both economic and noneconomic injuries." Second, it supports the statutory "policy of cost containment by …
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… convictions. II. Appellate courts review sentencing determinations deferentially. State v. Fuentes, 217 N.J. 57, … imposing such sentence including . . . the factual basis supporting a finding of particular aggravating or mitigating … court to provide statement on record of "factual basis supporting its findings of particular aggravating or …