njcourts.gov
… in our limited role, affirm an ALJ's findings if "they are supported by substantial credible evidence in the record," … "some legally competent evidence must [have] exist[ed] to support each ultimate finding of fact to an extent … to corroborate competent proof, or competent proof may be supported or given added probative force by hearsay …
njcourts.gov
… (Board) to amplify its findings of fact and reasoning supporting its decision to grant defendant J.C. Industries, … hearing also provided a firm foundation for the judge's determination that defendant met the negative criteria because … landowners. We also concur with Judge Troncone's determination that the Board did not usurp the Township's …
njcourts.gov
… was ineffective for failing to consult with an expert. To support his PCR argument, defendant submitted the report of … Safety Administration (NHTSA) "clues". Such positive determinations are fraught with a high false- positive rate … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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… SERGEANT SLIMMER'S APPEAL AND AFFIRMING THE NJDOC'S DETERMINATION TO BYPASS HIS NAME ON THE ELIGIBLE LIST. POINT … I. This court has a "limited role" in reviewing agency determinations. In re Stallworth, 208 N.J. 182, 194 (2011) … to be arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
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… findings and conclusions of law, and the evidence did not support his findings of fact. They also contend that the … of an architect and that the trial judge erred in his determination of the amount of plaintiffs' damages to which … a judgment entered in a non-jury case is limited. "Final determinations made by the trial court sitting in a non-jury …
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… of the mortgage and note; 2) Wells Fargo's motion was not supported by competent evidence as the Kruse 4 A-5498-16T1 … right to foreclose and found no legal or factual basis to support their counterclaims or affirmative defenses. The … sale. We therefore consider any objections to that determination waived. See N.J. Dep't of Envtl. Prot. v. …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Defendant argued there was no evidence it was aware of, supported, or sanctioned any prior discriminatory conduct by … demonstrating it did not condone, acquiesce in, or support the alleged conduct . Defendant further argued there …
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… 3 A-0979-20 defendant's application be denied. In support of her recommendation, she relied on: (1) the nature … charged offense; (2) the facts of the case; and (3) her determination that admission to PTI was not possible because … Ibid. Although the prosecutor had not issued a determination on his PTI application, on August 7, 2019, …
njcourts.gov
… a timely petition for PCR. In the certification he filed in support of this application, defendant asserted that his … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … N.J.S.A. 2C:44-1(a)(2). We disagree with the PCR judge's determination that defendant's contention that his attorney …
njcourts.gov
… assignment of PCR counsel and the submission of multiple supporting briefs and certifications, the PCR judge found … the time bar would result in a fundamental injustice[.]" To support his claim of excusable neglect, defendant certified … . . . . Insofar as the court has no credible basis to support the first prong under Strickland, there can be no …
njcourts.gov
… se petition for PCR. Appointed counsel submitted a brief in support of the petition and raised additional arguments, all … The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … has not submitted an affidavit or certification to support this claim. We thus conclude this contention is a …
njcourts.gov
… in a "ready" position, using his left 5 A-0363-19 hand to support his right hand, but not pointed at anyone in … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… that he was the victim of pervasive police misconduct in support of his request for PCR beyond the five-year period … report failed to constitute newly discovered evidence in support of defendant's late filing of a PCR petition. 1 The … to understand the law regarding his right to seek PCR as support for finding excusable neglect to relax the five-year …
njcourts.gov
… would go to jail and would not take care of their two children living with them.2 Plaintiff stated defendant … Plaintiff also testified regarding defendant's income to support her request for compensatory damages. She claimed … defendant to pay plaintiff $3000 a month for interim support and plaintiff receive monthly income of $3800 from …
njcourts.gov
… of the opportunity to present their testimony at trial. In support, defendant obtained notarized statements from the … defendant asserted that their testimony could have supported his defense that he was not selling heroin and … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
njcourts.gov
… that PCR counsel could seek leave to file certifications in support of the petition, and the court may reconsider its … for defendant, and defendant filed a certification in support of his petition. PCR counsel filed a brief in which … only if the defendant presents a prima facie case in support of relief, the PCR court determines there 8 …
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… P.J.A.D. In this appeal, we consider a municipal clerk's determination that plaintiffs' petition for a referendum on a … on the voter rolls. We affirm the trial judge's determination that the clerk acted arbitrarily and … the clerk decided there were only 1,002 signatures in support, eighteen less than the amount required to place the …
njcourts.gov
… life (PSL). Because we conclude the Board's decision "is supported by sufficient credible evidence on the record as a … at 179 (citing Trantino, 166 N.J. at 172). In making this determination, we "may not substitute [our] judgment for that … and should not be revoked." Ibid. Accordingly, this determination falls with the Board's "highly 'individualized …
njcourts.gov
… own review of the MVR, the court found the MVR "clearly supports" Bowie's testimony that defendant's vehicle … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
njcourts.gov
… Judge Joyce entered an order denying defendant's petition supported by an oral opinion. He found defendant failed to … to competent and credible evidence in the record to support a finding of any mitigating factors." 5 A-0785-23 … involving abuse and neglect, theft, and robbery, amply supported the finding of aggravating factor three. Based on …