Filters
- A-0540-18T4 Opinionnjcourts.gov… the allegations pertaining to newly discovered evidence in support of his motion for a new trial. On October 04, 2012, … nothing in the record warrants disturbing the PCR court's determination that Priester's representation was not credible. … is collateral and not likely to change both the judge's determination in the suppression motion and the jury verdict. …
- A-3238-17T3 Opinionnjcourts.gov… its admission under R. 3:9- 1(e). Defendant cites no case supporting such an interpretation of the rule, and our own …
- A-2627-17T2 Opinionnjcourts.gov… Ginsberg's October 2017 motion was procedurally flawed, supporting the Chancery judge's denial of the request to …
- A-0050-19T3 Opinionnjcourts.gov… they had still not submitted a liability expert's report in support of their claims, plaintiffs could not prove their …
- A-1939-17T4 Opinionnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … was driving and he was intoxicated when doing so. His determination was supported by finding Sgt. Conforti gave credible testimony …
- A-1110-17T3 Opinionnjcourts.gov… Enterprises, 266 N.J. Super. 662 (App. Div. 1993) does not support her argument. Allendorf requires that [a]party …
- A-0201-17T4/A-0518-17T2 Opinionnjcourts.gov… WEIGHING OF THE AGGRAVATING AND MITIGATING FACTORS DOES NOT SUPPORT THE IMPOSITION OF AN AGGREGATE SENTENCE OF …
- A-0779-17T2 Opinionnjcourts.gov… findings of a trial judge unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the …
- A-3294-17T3 Opinionnjcourts.gov… LLC (Transcend), summary judgment based on the court's determination that when plaintiff was injured he was a … (2005) (citing R. 4:46-2(c)). The five-factor test for determination of a "special employer-employee relationship" is … authority to hire or discharge plaintiff. Because the facts supporting the five factors are similar to those cases where …
- A-4144-16T1 Opinionnjcourts.gov… State v. Natale, 184 N.J. 458, 489 (2005), absent a determination that the sentence was "clearly unreasonable," … be sure, it has been held that multiple victims alone may support consecutive terms. In Carey, the Court held that in … here differently because, in Carey, for example, two children lost their mother, two adults lost their …
- A-2082-16T2 Opinionnjcourts.gov… and he enjoyed their camaraderie and 4 A-2082-16T2 support. That changed after plaintiff overheard a white …
- A-4258-17T3 Opinionnjcourts.gov… Therefore, we discern no error in the PCR judge's determination that defendant's counsel satisfied the elements … There is sufficient, credible evidence in the record to support the PCR judge's credibility determination. At the plea hearing, defendant and his plea …
- A-1322-18T2 Opinionnjcourts.gov… for respondent Laticrete International, Inc. (Golden Rothschild NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … that plaintiff was required to present expert testimony to support his claims against Standard Tile and Laticrete, and …
- A-0647-17T3 Opinionnjcourts.gov… (quoting Mancini, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … mutuality of mistake are without merit. The facts do not support plaintiff's claim the contract was ambiguous or …
- A-4055-16T4 Opinionnjcourts.gov… additional read backs were requested. The record does not support plaintiff's contention that the alternate juror …
- A-4333-14T1 Opinionnjcourts.gov… arbitrary or there is a lack of substantial evidence to support them" because "[t]he judges presiding in the Tax …
- A-4773-14T2 Opinionnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of …
- A-0979-15T3 Opinionnjcourts.gov… filed a cross-motion for summary judgment on July 30, 2013 supported by a certification from a representative of … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a …
- A-1106-15T3 Opinionnjcourts.gov… only when he or she "has presented a prima facie [case] in support of [PCR,]" meaning that "the defendant must … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Ibid. (quoting Mitchell, supra, 126 …
- A-4188-15T3 Opinionnjcourts.gov… of counsel fees to be submitted to the court for its determination. Plaintiff argued before the trial judge that, … counsel fees and costs for an abuse of discretion. "[F]ee determinations by trial courts will be disturbed only on the … she is not entitled to counsel fees. We discern no support for this argument. The parties agree that the …