-
njcourts.gov
… The Court explains how N.J.S.A. 2C:39- 5(h) and (i) support that analysis. Most importantly, though, if the … of other provisions within N.J.S.A. 2C:39-5. In support, defendant emphasizes that subsection (j) expressly … enhancements apply only to sentencing -- “[t]he judicial determination 19 of the penalty for a crime,” Black’s Law …
njcourts.gov
… 4 A-1566-23 of harassment and entry of the FRO was not supported in the record. We agree with defendant that the … the trial court. Because the trial judge made credibility determinations, we remand for a new trial before a different …
njcourts.gov
… findings of aggravating and mitigating factors that are supported by the record); see also State v. Torres, 246 N.J. …
njcourts.gov
… with prejudice. Plaintiff moved for reconsideration. In support, plaintiff argued that the court improperly …
njcourts.gov
… advanced at trial without additional factual or legal support." The judge expressly incorporated his September 20, …
njcourts.gov
… of him. We reject these arguments because they are not supported by the record. The rejection letter reflects that … agree with the Law Division judge that the prosecutor's determination was not a patent and gross abuse of discretion. …
njcourts.gov
… it was "arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
njcourts.gov
… provide adequate findings of fact and conclusions of law to support its decision. We disagree. 6 A-1976-22 An appellate …
njcourts.gov
… R. 3:20-2). But here, no new evidence was presented to support a motion for a new trial. Accordingly, we do not …
njcourts.gov
… credible and the arrearages claimed by the board to be supported by the record. The court rejected defendant's … COURT ABUSED ITS DISCRETION IN USING AS A BASIS FOR THEIR DETERMINATION THE ORAL TESTIMONY OF DALE CHAVIS IN REGARD TO … courts owe deference to the trial court's credibility determinations as well because it has 'a better 6 A-3595-21 …
njcourts.gov
… unless it is arbitrary, capricious, or unreasonable, or not supported by credible evidence); Bueno v. Bd. of Trs., … The Division failed to set forth the basis for its determination. However, because we have affirmed the … was untimely, we need not address the merits of its determination that he failed to allege a prima facie case of …
njcourts.gov
… trial , the PCR judge determined there was no proofs to support the contention. The judge rejected defendant's OPRA4 … Defendant does not persuade us to upset the PCR judge's determination that defendant failed to establish trial counsel … defendant does not persuade us to upset the PCR judge's determination that defendant failed to establish counsel was …
njcourts.gov
… that his girlfriend would be incarcerated and her children taken from her. When asked why he did not mention … in self-defense is nothing more than a bare allegation, not supported in the law because of his use of excessive deadly force, and unsupported by any facts in the record. See State v. Cummings, …
njcourts.gov
… also filed a pro se brief raising additional points in support of his petition. In pertinent part, he argued the …
njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … N.J. 424, 440 (2013). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 (2010) … N.J. 184, 190-93 (1994). "'The principal components of a determination of reasonable suspicion . . . [are] the events …
njcourts.gov
… The judge noted Melton-Kaufman had written a letter in support of Amin's application, in which she stated that the …
njcourts.gov
… Mark Caldwell. Shaheed, No. A-2110-14, slip op. at 16. In support of his PCR petition, defendant had presented …
njcourts.gov
… a "certified mortgage securitization auditor" submitted in support of the motion. In that report, the auditor contended …
njcourts.gov
… sentence was "unreasonable, misplaced and erroneous." In support of his argument that his parole revocation sentence … parole revocation sentence. In sum, we affirm the Board’s determination that appellant must serve the 1991 sentence …
njcourts.gov
… decision must be reversed because there was no evidence to support the value of the pendant, Judge Wilson's decision … (emphasis added).] Furthermore, we review the factual determinations made by a judge sitting as the trier of fact in … trial guided by the following deferential standard: Final determinations made by the trial court sitting in a non-jury …