Filters
- A-1723-17T4 Opinionnjcourts.gov… Thus, defendant has failed to provide any evidence to support his contentions. Defendant's bald assertions are … insufficient credible evidence in the record to factually support defendant's conviction under N.J.S.A. 39:4-50 …
- A-2795-17T2 Opinionnjcourts.gov… applicable legal principles, consequently supplying ample support to grant plaintiffs' motion for a new trial, we … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not be disturbed." Pioneer Nat'l Title …
- A-5810-17T4 Opinionnjcourts.gov… were awarded $10,822. II. Standard of review. A final determination made by a trial court conducting a non-jury case … that those findings and conclusions [are] 'so manifestly unsupported by or inconsistent with the competent, relevant … court's findings are "considered binding on appeal when supported by adequate, substantial and credible evidence." …
- A-3472-18T1/A-3473-18T1 Opinionnjcourts.gov… in a preliminary statement included in plaintiff's brief in support of its motion for summary judgment in the bankruptcy … is not limited to the formal record in making a privilege determination to minimize the risk a witness will disclose 13 … additional information to permit the judge to make the determination.") (emphasis added). However, all of these …
- A-5122-17T3 Opinionnjcourts.gov… the funds; the court's "order of disposition" was "wholly unsupportable"; and the trial court misunderstood interpleader … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not 10 A-5122-17T3 be disturbed." Pioneer …
- A-1428-16T2 Opinionnjcourts.gov… there is sufficient credible evidence in the record to support the judge's determination.'" Ibid. (quoting State ex rel. R.V., 280 N.J. … giving deference to the trial court's credibility determinations and factual findings, we find that there is …
- A-3313-15T3 Opinionnjcourts.gov… The parties' likely adversarial relationship tends not to support imposition of a duty. Furthermore, the design of our … concealment action, concluding that evidence did not support a finding of intentional destruction). Here, the …
- A-0840-17T3 Opinionnjcourts.gov… procedural history is necessary to give context to our determination. As noted, plaintiffs' complaint was filed in … pursuant to N.J.S.A. 47:1A-6 and Rule 4:42-9(a)(8). In his supporting certification of services, defendant's counsel … are now moot. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
- A-2192-19 Opinionnjcourts.gov… [the Board] was unable to complete its eligibility determination and the denial was appropriate." II "Judicial … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
- A-1999-18 Opinionnjcourts.gov… IN THE PAST COULD NOT BE USED AS PROPENSITY EVIDENCE TO SUPPORT THE CONCLUSION THAT HE HAD DONE SO ON THE SPECIFIC … may have been substantial, and the verdict may find strong support in the record; that matters not." Ibid. (citing …
- A-1937-19 Opinionnjcourts.gov… findings from the suppression hearing, so long as they are supported by sufficient credible evidence in the record. … sweep is allowable "where the totality of the circumstances support a reasonable suspicion that a driver or passenger is …
- A-4708-18T1 Opinionnjcourts.gov… into PTI. See N.J.S.A. 2C:43-12 to -22; R. 3:28. To support his claim, defendant submitted his trial counsel's … and fact, [appellate courts] give deference . . . to the supported factual findings of the trial court, but review de …
- A-5722-17 Opinionnjcourts.gov… to represent himself at trial. The record does not support that contention. While the psychologist and judge … trial from ever concluding. The trial judge's findings are supported by adequate evidence in the record and, just as …
- A-5644-18 Opinionnjcourts.gov… submitted the certification of Lori Bonderowitz in support of its motion for summary judgment. She certified … court "affords no special deference to the legal determinations of the trial court." RSI Bank, 234 N.J. at 472 … 87 N.J. 512, 525 (1981)). "It has long been true that '[d]eterminations of the scope of duty in negligence cases has …
- A-1217-19T3 Opinionnjcourts.gov… door with no drilling or tools required and is marketed to support up to 300 pounds. 3 A-1217-19T3 Barrios's home, in … and Barrios. The phantom arbitration clause was not supported by any of ConducTV's literature, plaintiff did not …
- A-5819-17T1 Opinionnjcourts.gov… "impressed by the fact that [defendant] ha[s] a loving and supportive family" and defendant "came into court and . . . … application of the estimator variable of distance." In support, defendant relies upon the Supreme Court 's opinions …
- A-1144-19 Opinionnjcourts.gov… Observation During the Testing Process[.] 3. Credibility Determinations Weigh in Favor of Appellant[.] On appeal, we … 157 N.J. 463, 471 (1999); but our review of legal determinations is plenary, see State v. Handy, 206 N.J. 39, 45 … written decisions both before and after remand, are well supported by the record. The municipal court judge, in …
- A-4133-18 Opinionnjcourts.gov… ANY OF THE COUNTS, AND FAILING TO FIND OR EVEN ADDRESS SUPPORTED MITIGATING FACTORS RAISED BY TRIAL COUNSEL. A. … in State v. Eli, explaining why the evidence reasonably supported defendant's father's conviction for escape. Eli, …
- A-4071-18 Opinionnjcourts.gov… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- A-2379-19 Opinionnjcourts.gov… 23, 2019, defendant filed his petition for PCR and a supporting certification dated January 9, 2019. In his … his parents to challenge James' credibility. In further support of his PCR petition, defendant filed a June 20, 2019 … hearing, we review the judge's legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …