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- A-3503-19 – STATE OF NEW JERSEY VS. ALAN R. FRATELLO (18-08-1157, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… whether the evidence in the record was sufficient to support a conviction on any count on which the jury found …
- njcourts.gov… the issue "involves matters of fact," but "the ultimate determination" of the claim presented "is one of law . . . … The amount, if any, of damages due first requires a determination by a factfinder based on an evidentiary record … 469 N.J. Super. at 435-36 (concluding "the facts do not support the existence of a compensable regulatory taking" in …
- A-3559-21 - STATE OF NEW JERSEY VS. ISAIAH J. KNIGHT (22-03-0585, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … sustain [the trial court's] decision, provided it is supported by credible evidence in the record.'" Id. at 522 …
- njcourts.gov… against certain excess insurers. II. "Choice-of-law determinations present legal questions, which are subjected to … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,'" Mac …
- A-0716-21 – STATE OF NEW JERSEY VS. MALICK THIOUBOU (21-06-0087, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … (1952)). However, our review of a trial court's legal determination is plenary. See State v. Kuropchak, 221 N.J. … Law Division. The courts made specific findings which are supported by the record. We discern no basis to disturb …
- A-1675-15T4 Opinionnjcourts.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. …
- A-0072-15T3 Opinionnjcourts.gov… court's factual findings as long as those findings are supported by sufficient credible evidence in the record. …
- BER-L-4648-17 Opinionnjcourts.gov… the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of …
- BER-C-118-16 Opinionnjcourts.gov… further agrees with defendants that the evidence fails to support an easement by prescription. Plaintiff’s use of the …
- L-2876-15 Opinionnjcourts.gov… the notice regarding the 2014 meetings. This finding is supported by the fact that once they were notified of the …
- A-2399-16T2 Opinionnjcourts.gov… began in 2008; (3) he needed the income from the new job to support himself and his wife; (4) he had no other reasonable … advances no convincing argument that the prosecutor's determination was a patent and gross abuse of discretion. …
- A-3097-16T1 Opinionnjcourts.gov… that defendant's statements were not the only evidence supporting his conviction. The judge explained: Without …
- A-1450-16T4 Opinionnjcourts.gov… required that "plaintiffs must allege particular facts in support of their claims of attorney incompetence and may not … court may conduct an evidentiary hearing, if credibility determinations are required, and consider whether plaintiffs' … 55, 87 (App. Div. 2007) (recognizing that the "ultimate determination of equitable matters is for the judge alone to …
- A-4062-15T3 Opinionnjcourts.gov… 429 (App. Div. 2017), certif. denied, __ N.J. __ (2018), supports his argument. The State responds that Cain should …
- A-4138-15T1 Opinionnjcourts.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 …
- A-4200-15T3 Opinionnjcourts.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 …
- A-4691-15T4 Opinionnjcourts.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 …
- A-3036-16T1 Opinionnjcourts.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 …
- A-3647-15T3 Opinionnjcourts.gov… between Helmer and Branco. There is nothing in the record supporting defendant's theory that Branco planned to join …
- A-1534-15T2 Opinionnjcourts.gov… ROOTED IN A MULTITUDE OF BASELESS SPECULATION DEVOID OF ANY SUPPORTING EVIDENCE OR VALID FACTUAL BASIS TO MERIT A … NOT MOOT. "The scope of appellate review of a commitment determination is extremely narrow and should be modified only … damage within the reasonably foreseeable future. This determination shall take into account a person's history, …