-
njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 10 A-4025-15T1 N.J. Super. … . ." J.S. v. R.T.H., 155 N.J. 330, 337 (1998). "[I]n its determination whether to impose a duty, [a court] must also … to prevent her husband's sexual abuse of her neighbor's children. J.S., 155 N.J. at 334, 353-54. The Court found …
-
njcourts.gov
… We "will uphold [a] PCR court's findings that are supported by sufficient credible evidence in the record." … under the abuse of discretion standard [a] PCR court's determination to proceed without an evidentiary hearing." …
-
njcourts.gov
… denying his DNA motion. We affirm. I. The trial testimony supporting defendant's convictions are set forth in detail … Ibid. However, "our review of a trial court's legal determinations . . . is de novo." Ibid. N.J.S.A. 2A:84A-32a …
-
njcourts.gov
… must "not accept passively the submissions of counsel to support the lodestar amount." He found that "this task has … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …
-
njcourts.gov
… summary judgment; however, we base our affirmance on our determination that no jury could objectively conclude that … review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated … for the jury. See Vincitore, 169 N.J. at 130. However, a determination of palpable unreasonableness, "like any other …
-
njcourts.gov
… which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" …
-
njcourts.gov
… and balance[d] aggravating and mitigating factors . . . supported by competent credible evidence in the record[,]" …
-
njcourts.gov
… to search the vehicle. That issue turned on credibility determinations. For these reasons, we are constrained 3 … The deference extends to the trial court's credibility determinations. Ibid. That is so because factual findings and … the factual basis for his guilty plea was inadequate to support the possessory CDS offense to which he plead guilty. …
-
njcourts.gov
… to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401 (defining … State v. P.S., 202 N.J. 232, 255 (2010). "In relevance determinations, the analysis focuses on 'the logical … not violate the sentencing guidelines and the record amply supports her findings on aggravating and mitigating factors. …
-
njcourts.gov
… with liberality as required, we agree these assertions are supported by the record. As a general principle, when a …
-
njcourts.gov
… arguments. We add only these comments. The State's evidence supported both the charge on accomplice liability and the …
-
njcourts.gov
… unacceptable." Ibid. As explained further infra, "policy determinations, such as which offenses to aggressively … STATE) WERE SPECULATIVE, LADEN WITH GENERALITIES, BARE ON SUPPORTING FACTS, OVER INCLUSIVE, AND CONTRARY TO … 439 N.J. Super. at 234. Defendant cites his age, education, children and motorcycle injuries, and claims he was under …
-
njcourts.gov
… v. Nwobu, 139 N.J. 236, 240 (1995)). Accordingly, "a PTI determination requires that the prosecutor make an … own assessment of those factors. Contrary to the judge's determination, the prosecutor's assessment of factors eight … 14 A-3036-16T1 pattern of antisocial behavior, finds clear support in the record. The judge also misread factor eleven …
-
njcourts.gov
… between Helmer and Branco. There is nothing in the record supporting defendant's theory that Branco planned to join …
-
njcourts.gov
… much less plain error, in the jury charge. B. To further support his argument, defendant claims his trial counsel was … Ibid. Thus, we decline to consider this point. Our determination is without prejudice to defendant's raising it … of probation. Inasmuch as the court did not make this determination, we remand for resentencing to determine …
-
njcourts.gov
… of discretion standard. Id. at 467. "The trial court's determination under the rule warrants substantial deference, … Id. at 597, n. 1. 11 A-4200-15T3 The record does not support defendants' contention that plaintiff lacked …
-
njcourts.gov
… licensed professional planner. Among 9 A-4691-15T4 Pierce's supporting documents was a certification from the appraiser … "unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
-
njcourts.gov
… Valley Reg'l High Sch. Bd. of Educ. v. Pascack Valley Reg'l Support Staff Ass'n, 192 N.J. 489, 496-97 (2007) (explaining … cannot realistically coexist with the agreement to submit determination of when and how that right can be exercised to … realistically coexist with the agreement to submit determination of when and how that right can be exercised to …
-
njcourts.gov
… permission to file a late notice of claim[, which is] . . . supported by affidavits based upon personal knowledge of the … reliance on the Court's holding in Feinberg is equally unsupported by the difference in the relationship between the …
-
njcourts.gov
… Cayres claimed the 2017 certification rebutted the DEP's determination that their application was deficient for failure … we employ a de novo standard of review to an agency's determination that there are no genuine issues of material … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated a legislative …