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… and before any charges were filed, Scoca and Snipes accompanied Stribling for an interview at the prosecutor's … mind the substantial deference we owe to the trial court's factual findings and witness credibility assessments from the evidentiary hearing. "In reviewing a PCR court's factual findings based on live testimony, an appellate court …
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… a teenage son who lives with plaintiff. Plaintiff filed a complaint for divorce in 2014. On August 21, 2017, one month … and presented a case information statement (CIS) budget totaling "more than both parties earn after taxes." The … parties' incomes. The arbitrator analyzed the Rule 5:3-5(c) factors and granted defendant counsel fees totaling $18,000 …
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… litigation). We affirm. We provide a brief overview of the facts. This appeal involves three distinct litigations in … was held by a family corporation, to a limited liability company wholly owned by Bharat. The circumstances leading to … the matter presented a "a close case" with "sufficient factual issues to preclude summary judgment and to require a …
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… nearly six years after it was entered. Defendant argued the factual basis for the plea was inadequate1 and that he was … to vacate 1 Defendant abandoned the argument regarding the factual basis for the 2012 guilty plea in his motion for … not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to …
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… and thorough written opinion. We add only the following comments. A jury found defendant guilty of second-degree … penal exposure he faced, before defense counsel elicited a factual basis for the plea. The judge found the plea was … guilty to the drug charges is clearly unsupported, and, in fact, contradicted by the record. Similarly, the record is …
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… and his parents. Instead, we incorporate by reference the factual findings 4 A-2325-19 and legal conclusions contained … in Judge Grimbergen's decision. We add the following comments. The Division assumed custody of Mark and his four … and supervised visits with Mark. After finally putting together a string of negative drug screen results between …
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… property was to be sold 3 A-0158-19 in "[s]uch a state of facts as an accurate survey and inspection would disclose" … ($290,000) and the sheriff's 1 It claimed these costs were comprised of $38,528.20 in out-of-pocket expenses and … Marioni v. Roxy Garments Delivery Co., 417 N.J. Super 269, 275 (App. Div. 2010)). "While equitable discretion is …
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… reduction in support to a five-month period and it did not compel plaintiff to file an updated case information … and divorced in 2013. The parties share a teenage son together. Pursuant to the marital settlement agreement (MSA) … PRESERVED (Not Raised Below). Ordinarily, we defer to the factual findings of the Family Part because of its "special …
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… in the analysis is to identify the causes or contributing factors for the occurrence of those events. These causes are compared to the available evidence. Dr. Gushue stated that … testimony was properly barred because it is not based on factual evidence or scientific data, therefore rendering it …
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… New Jersey, Law Division, Burlington County, Docket No. L-1626-18. Raphael Mark Rosenblatt argued the cause for … for reconsideration. We affirm. We discern the following facts from the record. On August 2, 2018, plaintiff filed a complaint in Burlington County against defendants Edward …
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… at an emergency room and discharged the following day with complaints of hip pain, neck pain, and a headache. She never … psychological conditions were significant contributing factors to her present disability, but were not … Teachers' Pension & Annuity Fund, 404 N.J. Super. 119, 126 (App. Div. 2008); see also Patterson v. Bd. of Trs., …
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… government records in eight categories: 1. Copy of all communications between any of the following representing the … (App. Div. 2016) (citing Vaughn v. Rosen, 484 F.2d 820, 826–27 (D.C. Cir. 1973)). 7 A-3192-19 civil penalty pursuant … an order deciding an OPRA dispute, we defer to the judge's factual findings when supported by adequate, substantial and …
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… LLC, AND THE TRAF GROUP, INC., F/K/A AMERICAN TRADING COMPANY, ON BEHALF OF NOTRE DAME HIGH SCHOOL, Defendants, … Submitted May 16, 2022 – Decided May 26, 2022 Before Judges Fasciale and Firko. NOT FOR … and thoughtful oral opinion. I. We discern the following facts from the record. The Kars purchased the subject …
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… TO REPEAL RULES PERMITTING BLACK BEAR HUNTING INCLUDING THE COMPREHENSIVE BLACK BEAR MANAGEMENT POLICY, N.J.A.C. … 53 N.J.R. 683(b), and has expired, see Exec. Order No. 263 (Sept. 17, 2021), 53 N.J.R. 1752(a) (Oct. 18, 2021). In … 604, 613 (App. Div. 2007). We defer to its findings of fact if those findings were supported by substantial …
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… and schedule a plenary hearing on the disputed factual issues; deciding the cross-motions months after all … The parties married in April 2012 and have two children together: a daughter, born in December 2011, and a son, born … be modified based on "the actual parenting time and all income numbers." About five months after the divorce, on …
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… N.J.S.A. 2C:18-2(a)(1); third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a)(1) and 2C:18-2(a)(1); … we agree and reverse her convictions. I. We summarize the facts from the evidence presented at trial. In the early … various crimes related to the burglary.1 They were tried together. At trial, the jury heard testimony from fourteen …
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… the time period during which a defendant has been civilly committed pursuant to the Sexually Violent Predator Act … was remote, the seriousness of the crime outweighed other factors that favored preclusion. See N.J.R.E. 609(b)(2) … evidence to justify commitment. See N.J.S.A. 30:4-27.26.5 Although defendant's prior conviction satisfied one of …
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… Suter and Grall. On appeal from Division of Workers' Compensation, Department of Labor and Workforce Development, … Legislature."4 II. Where the question raised is legal, not factual, we owe no "special deference" to the compensation … facts." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (citing Manalapan Realty, L.P. v. Twp. Comm. of …
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… to testify, attorney Brooke M. Barnett agreed to accompany the witness to an interview with detectives at the … N.J. Super. 216, 222 (App. Div. 2006)). Where there are "no factual disputes to resolve on credibility grounds and only … right to choose counsel is not absolute. State v. Kates, 426 N.J. Super. 32, 45 (App. Div. 2012), aff'd, 216 N.J. 393 …
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… she had deflected the kick with her hand, and she had complained of pain and a cut on her hand. Police arrested … a grant or denial of a motion to suppress must defer to the factual findings of the trial court so long as those … evidence in the record." State v. Hubbard, 222 N.J. 249, 262 (2015) (citations omitted). We do not, however, defer to …