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- njcourts.gov… PER CURIAM The Court considers the Appellate Division’s determination that it was not plain error for the trial court … rather, it must look only to the “existence of evidence to support the lesser included offense [charge].” Id. at 289 …
- njcourts.gov… been met." Barboza, 115 N.J. at 422. It does not make "determination[s] based on witness credibility or the feel of … circumstances" and context of the entire colloquy supported this inference. We agree. As we have noted, the … and because the court is sometimes making credibility determinations about witness testimony." Ibid. Unless an abuse …
- njcourts.gov… findings in a suppression hearing "when 'those findings are supported by sufficient credible evidence in the record.'" …
- #07-05 Administrative Directivesnjcourts.gov… stress of unforeseen danger. The fact that there is peer support and medical assistance (certified CPR or EMT at the … experience with the product. I have made the following determination in regard to my particular situation: ____ I …
- A-5123-14T4 Opinionnjcourts.gov… not affect the outcome of the second prong. "The reasons supporting the interest of justice prong must be 'in …
- A-0771-15T1/A-0835-15T1 Opinionnjcourts.gov… whether sufficient credible evidence in the record supports the Law Division's decision." State v. Monaco, 444 … "However, where issues on appeal turn on purely legal determinations, [appellate] review is plenary." Monaco, supra, … of the commitment order and, therefore, no credible determination that his failure to pay was willful. N.J.S.A. …
- A-5027-15T4 Opinionnjcourts.gov… knowledge that a UM case has been dismissed. We discern no support for such a knowledge requirement within the words of …
- A-2264-14T4 Opinionnjcourts.gov… "not [to] accept passively the submissions of counsel" to support a fee request, but must "evaluate carefully and …
- A-3354-14T2 Opinionnjcourts.gov… Defendant cites State v. Lazo, 209 N.J. 9 (2012) in support of his position. Because defendant did not raise …
- A-0349-15T2 Opinionnjcourts.gov… consent of the driver. That search is not relevant to our determination. 5 A-0349-15T2 department to request a female … in question was involved in criminal activity. Such a determination can be made only through a sensitive appraisal … where detective was in process of preparing affidavit in support of search warrant based on information independent …
- A-4553-15T4 Opinionnjcourts.gov… so that work could proceed on the courthouse project. In support of that conclusion, the trial court relied upon Port …
- A-5266-15T2 Opinionnjcourts.gov… Based on the foregoing, Specialized Loan Servicing does not support [p]laintiff's proposition that subsection (a) … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. (citing Manalapan …
- A-4817-15T2 Opinionnjcourts.gov… compelled construction of the public benefits. There is no support for the Borough's argument that the failure to have …
- A-3726-16T2 Opinionnjcourts.gov… (2) whether the record contains substantial evidence to support the findings on which the agency based 11 … required to deal with the risks of erroneous or arbitrary determinations in this context. [Id. at 211.] The process …
- A-4593-16T4 Opinionnjcourts.gov… Mgmt. Corp., 421 N.J. Super. 404, 428 (App. Div. 2011). In support of his arguments on appeal, plaintiff cites a …
- A-3558-16T3 Opinionnjcourts.gov… factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
- A-4812-17T1 Opinionnjcourts.gov… 22, 1 Rule 3:28 contained guidelines to assist in a determination of whether a defendant was amenable to PTI. The … a motion with the Law Division to reverse the director's determination. He did so prior to any input from the County … pending appeal. This appeal followed. On appeal, in support of his contention that the prosecutor's rejection of …
- A-0610-17T4 Opinionnjcourts.gov… defendant filed a motion to correct an illegal sentence and supported it with multiple briefs. The motion was denied on …
- A-4061-16T1 Opinionnjcourts.gov… and A-4061-16T1 7 complaint. In a certification filed in support of the motion, Brigham claimed he did not know about …
- A-2598-17T1 Opinionnjcourts.gov… in moving to vacate a default judgment is a factor that supports granting the motion. Reg'l 9 A-2598-17T1 Constr. …