-
njcourts.gov
… prejudice, a defendant must show not only that the outcome of his trial would have been different absent the … 187 N.J. 293, 314 (2006)). We defer "to a PCR court's factual findings based on its review of live witness … Nash, 212 N.J. 518, 540 (2013). We do not second-guess the fact-finder's credibility findings except in extraordinary …
-
njcourts.gov
… and legal fees. We affirm. In May 2014, plaintiff filed a complaint against defendant seeking payment of the … Rather than file an answer, defendant moved to dismiss the complaint. The court treated defendant's motion to dismiss … the judgment of the trial court is based on findings of fact which are adequately supported by the evidence. R. …
-
njcourts.gov
… Judges Fisher and Vernoia. On appeal from the Civil Service Commission, Docket No. 2014-2045. Fusco & Macaluso Partners, … that largely arose out of the same set of operative facts.1 At a departmental hearing, Officer Bradbury was … 7:2.4 (reporting for duty promptly); (7) Chapter 5:4.1 (obedience to orders); (8) Chapter 7:2.5 (reporting off duty); …
-
njcourts.gov
… On appeal from the New Jersey Public Employment Relations Commission. Judy Thorpe, appellant pro se. David N. Gambert, … arbitration process, the Deputy Director noted the lack of facts presented to support that the "CWA acted arbitrarily, … (internal quotation marks omitted). Our review of PERC's factual determinations is limited. In re Bridgewater Twp., …
-
njcourts.gov
… his window, police officers detected the odor of marijuana coming from his vehicle. When questioned about the odor, … on March 30, 2015. He analyzed each of the seventeen factors listed in N.J.S.A. 2C:43- 12(e), determining a number of the factors were favorable to defendant and others weighed in …
-
njcourts.gov
… on the brief). PER CURIAM Plaintiff Jimmie Gore filed a complaint in the Law Division in October 2011, seeking … 4:50-1 because he was "misinformed and unaware of the true facts" and relied on "misleading inducements" by his … R. 2:11-3(e)(1)(E). We add only the following limited comments. Under Rule 4:50—1, the trial court may relieve a …
-
njcourts.gov
… and Sumners. On appeal from the Division of Workers' Compensation, Claim Petition No. 1999-12455. Alan T. … medical necessity. Also undercutting such a finding is the fact that petitioner never sought psychiatric treatment from … applicable legal principles, we "conclude that all of the[] factual determinations made by the workers' compensation …
-
njcourts.gov
… in a parked car in Hamilton Township. Pettaway and his companions forcefully removed the victims from their car, … 62 N.J. 348, 359 (1973)). We will not disturb the Board's factual findings if they are supported by substantial … 2017). "[W]e accord substantial deference to the agency's fact-finding and legal conclusions, acknowledging 'the …
-
njcourts.gov
… and (2) that the deficient performance prejudiced the outcome. The Court concludes that the trial court’s findings … trial court to “generate a new record and render fresh factual findings and legal conclusions” when necessary); see … (observing that sentencing judge must evaluate relevant factors and “‘explain[] that evaluation on the record in …
-
njcourts.gov
… 22 Cal .. 3d 258, 583 L 2d 748, 148 Cal. Rptr. 890 (1978): commonwealth v. soar•s, 377 ,.. ••• 461, 387 N. £. 2d 499 …
-
njcourts.gov
… reasons that follow, we affirm. I We discern the following facts from the record. On January 13, 2016, A.D.'s … would result 1 A representative of Future Care Consultants completed A.D.'s Medicaid application. The Board addressed … authorized representative was experiencing difficulty complying, a thirty-one day extension was granted . . . . …
-
njcourts.gov
… sample, N.J.S.A. 39:4-50.2 and -50.4(a). We affirm. The facts are undisputed. In accordance with a plea agreement in … license. Defendant also argued "an offense does not come into existence until there is a conviction, and a … in this matter, we published our opinion in State v. Scudieri, A-0352-20 (App. Div. November 1, 2021) disposing of …
-
njcourts.gov
… and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-1649. Harkavy Goldman Goldman & … no longer considering his candidacy because of "his unsatisfactory work history as a Linden Public Safety … list [of candidates for police officer] due to your unsatisfactory driving record which relates adversely to the duties …
-
njcourts.gov
… decision was arbitrary, capricious, or unreasonable. The facts are not disputed. L.W. applied for SSI benefits in … for Reimbursement of Initial Supplemental Security Income (SSI) Payment or Initial SSI Post- eligibility Payment" … 407 N.J. Super. 330, 339 (App. Div. 2009)). "This deference comes from the understanding that a state agency brings …
-
njcourts.gov
… court's standard of review is de novo as to both the factual inferences drawn by 3 A-3080-19 the PCR judge from … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … State v. Gaitan, 209 N.J. 339, 350 (2012). We "view the facts in the light most favorable to a defendant to …
-
njcourts.gov
… first PCR petition, we summarized the underlying facts in this case: In summary, defendant was captured soon … our authority "to conduct a de novo review of both the factual findings and legal conclusions of the PCR court." … to cases on collateral review; or B. the date on which the factual predicate for the relief sought was discovered, if …
-
njcourts.gov
… him to plead guilty under pressure, not raising mitigating factors at sentencing, failing to negotiate a more favorable … COUNSEL TO EXPLAIN WHY HE FAILED TO RAISE ANY MITIGATING FACTORS ON BEHALF OF [DEFENDANT] AT SENTENCING. POINT III … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
-
njcourts.gov
… Documents are of the essence," and called for substantial completion of the work within 212 days, i.e., by the end of … were concerned about time because they were losing rental income from the two tenants while construction was taking … of the trial court's findings and conclusions did, in fact, refer to intent concepts. 6 A-2402-19 On remand, the …
-
njcourts.gov
… retirement benefits (application). On remand, the Board complied with our instructions and addressed our concerns … nor capricious, we affirm. As we set forth the relevant facts in our prior decision, we need not repeat them … her job duties, or that the employer did not attempt to accommodate her needs.'" Id. at 4. The ALJ provided his …
-
njcourts.gov
… ERRED IN FAILING TO FIND THAT THE TRIAL [JUDGE] FAILED TO COMPLY WITH RULE 3:9-1(f) AND RULE 3:9-3(g) WITHOUT AN … court's standard of review is de novo as to both the factual inferences drawn by the PCR judge from the record … . there is a reasonable probability that if the defendant's factual assertions were found to be true[,] enforcement of …