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… Because the trial court conducted a thorough and factually supported analysis of the Barker v. Wingo1 factors, we … 5 A-3659-20 633, 644 (App. Div. 2021). A trial judge's determination that a defendant's right to a speedy trial was violated will only be reversed if that determination is clearly erroneous. State v. Tsetsekas, 411 …
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… that the facts on record were insufficient to support a conclusive analysis of whether there was excusable …
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… court does not know whether the judge's decision is supported by the facts and law or is the product of …
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… for non-teaching duties based on "an educational policy determination centered on reducing student and program … or programmatic work even if such work is intended to support departmental goals and objectives." The arbitrator …
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… of Rev., 194 N.J. 534, 551 (2008). We will not upset the determination of an administrative agency absent a showing … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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… to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … verdict. We have no basis upon which to overturn that determination. This is not a situation in which the alleged …
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… interpreting Hernandez on which defendant relies in support of his argument that Black has effectively been …
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… conduct, the Court relied on two policy considerations that supported that standard of care. Id. at 501. First, the …
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… with drawings of bicycles leading to Nosenzo Pond Road, to support their argument the roadway shoulder could be …
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… only when: a defendant establishes a prima facie case in support of PCR; the court determines there are disputed …
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… (1995). "[W]here issues on appeal turn on purely legal determinations, [this court's] review is plenary." State v. … furnish notice of an alibi defense: [I]n reaching a fair determination for the appropriate sanction for the breach of … would have harmed no one. Finally, nothing in the record supports the State's contention that defendant's failure to …
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… to a fishing expedition on facts that cannot and would not support the Amended Complaint. It is against this background … party to go on a fishing expedition related to general or unsupported allegations. Cain v. Merck & Co., Inc., 415 N.J. … be presented to the SDM for an in camera review and determination. Confidentiality alone does not prevent …
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… found “substantial” negative impacts without evidentiary support. Therefore, the Board’s decision was arbitrary and …
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… parties have now filed application to this court for a determination of jail credits. The issue was fully briefed and … Both parties cite to State v. Joe, 228 N.J. 125 (2017) in support of their respective arguments based upon the …
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… North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017) supports their position. In that regard, they cite to a …
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… diary the September 30, 2017 DED. In his certification in support of Stewart's reconsideration motion, counsel …
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… was ineligible for PTI. Defendant did not appeal the PTI determination. Instead, he pled guilty to third-degree … (1977)). A trial judge may overrule a prosecutor's PTI determination "only when the circumstances 'clearly and … 386 N.J. Super. 569, 578-80 (App. Div. 2006), to support the claim "a defendant does not waive his rights to …
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… The ALJ therefore recommended affirming the Board's determination, which denied petitioner's application for … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … or 7 A-4084-16T2 unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
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… 232 N.J. 587, 589 (2018), which defendant cites for support. In fact, defense counsel asked the jury to consider …
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… in this matter. That assertion alone is insufficient to support a petition under the rule. The Appellate Court in …