njcourts.gov
… on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … courts serve in ratifying plea agreements lends additional support to the principle that appellate courts owe deference … especially because the Law Division judge's ruling finds support by what is not in the record. Specifically, the …
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … $55,500 for its work at Lanes Mill. However, the judge's determination that Steven adequately demonstrated that Jupiter was due the lesser amount is supported by sufficient credible evidence in the record and, …
njcourts.gov
… from the accident and plaintiff's medical records did not support that he was asymptomatic prior to the accident. … abused its discretion, we will not reverse an evidentiary determination unless we conclude it "was so wide of the mark … Pursuant to N.J.R.E. 607, "for the purpose of impairing or supporting the credibility of a witness, any party . . . may …
njcourts.gov
… representations made by defense counsel at oral argument unsupported by defendant's expert, and on the unsupported supposition the vehicle that was the alleged lemon … the vehicle "has been sold back to FIAT" and she attached supporting documents evidencing the car had been sold back …
njcourts.gov
… the sound discretion of the trial court. As a discovery determination, a trial court's grant or denial of a motion to … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the … of the sidewalk at the time of her fall. No evidence supported plaintiff's argument the uneven portion of the …
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… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … The 16 A-2853-19 Supreme Court's decision in that case supports the Arbitrator's award and the Chancery judge's …
njcourts.gov
… States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and … immediately perish at the scene. But, that fact does not support a finding that the killings were "especially … at the apple. Aggravating sentencing factor one was neither supported by the "nature and circumstances" of these crimes, …
njcourts.gov
… court's fact-finding should be upheld unless it is not supported by "adequate, substantial and credible" evidence. … to the PDVA, a trial court must make two distinct determinations. Silver v. Silver, 387 N.J. Super. 112, 125-27 … acts or threats of violence. Id. at 127. In reaching that determination, there must be a finding that "relief is …
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… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones, 230 N.J. at … substantial compliance factors identified in Galik do not support a finding of substantial compliance by the Board. … deficiencies of the August 2, 2018 letter are too great to support the application of a substantial compliance …
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… the repayment of these loans. The promise to repay was supported by mortgages held by the bank on defendants' … due the bank. His predecessor also did not make this determination but he came the closest when he found, as … we, however, now recognize the need for a precise determination. Until there is a definitive finding about what …
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… maintain a healthy lifestyle and to set a good example for children in the schools where she worked. Abraham testified … Club. [Abraham] told her [ the school] had enough staff to support morning care and that she could attend if she would … morale . . . ." We first address the compensation judge's determination that the injury was not compensable under the …
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… most favorable to the petitioner, there is prima facie support for post-conviction relief. R. 3:22-10(b). To … reasonable strategic choice. Such strategic choices do not support a finding of deficient performance. Fritz, 105 N.J. … severance under 5 The State has not cross-appealed that determination. 18 A-3905-19 the case law would have …
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… He also described being evaluated in 2009 resulting in a determination that he was "not competent" but reevaluated two … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … counsel to plead guilty and to not withdraw his plea are unsupported by the record. In defendant's pro se PCR petition, …
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… for the practice of dentistry, the Board 's final agency determinations, when issued, are entitled to our deference. … the practice of dentistry." The NJDA further argued that determinations on the scope of the practice of dentistry were … record or in any minutes of the Board which would support the conclusion that the techniques and/or …
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… defendant moved to dismiss the complaint 1 Much later, in support of her motion to dismiss plaintiff's complaint, … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … a posture right now that decisions can be made or . . . determinations can be made as to how this case will proceed." …
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… contribution fees. The motion, which defendant opposed, was supported by a certification from Holiday City's counsel … XI, § 101.1. (emphasis added).] In these appeals, Berkeley supports Holiday City's argument that only persons …
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… Nacamuli and Hawke. Our review of a trial court's legal determination is plenary. D'Agostino v. Maldonado, 216 N.J. … or damage from animals. The statutory language does not support this cramped application. Merely because the statute … Anderson LLP v. Carlisle, 556 U.S. 624, 631 (2009) in support of the trial court's order requiring plaintiff to …
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… was not a "natural" condition on the land). We see no legal support for John's contention that the piñata was an … whether the incident was objectively foreseeable. Such a determination is for the jury to decide using the ordinary … matters implicated in the motion, including the reasons in support of the denial, are not precluded"). The law of the …
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… State v. Rodriguez, 365 N.J. Super. 38 (App. Div. 2003), in support of his argument is misplaced. In Rodriguez, the … error as there was overwhelming evidence in this case to support the jury's guilty verdict. Because we reject each of …
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… 154 N.J. 394, 411 (1998). "[W]e do not overturn those determinations unless the court abused its discretion, failed … legal principles or made findings inconsistent with or unsupported by competent evidence." Storey v. Storey, 373 N.J. … 154 N.J. at 413. We must defer to the judge's factual determinations, so long as they are supported by substantial …