njcourts.gov
… sentence in accordance with the negotiated plea. In support of the mitigating factors, defendant's attorney … facie case in support of post-conviction relief, [2] a determination by the court that there are material issues of … resolved by reference to the existing record, and [3] a determination that an evidentiary hearing is necessary to …
njcourts.gov
… thereafter submitted detailed attorney billing records supporting its claim for frivolous litigation sanctions. … when "no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely …
njcourts.gov
… its summary judgment motion. The certification submitted in support of the summary judgment motion was the functional … the fact. Lastly, we have held a certification will support the grant of summary judgment if the material facts … in May 2019 and thereafter. The certification submitted in support of plaintiff's motion was sufficient, under the …
njcourts.gov
… from Johnson's engineering and planning experts in support of the subdivision application. The Board members … N.J. Super. 149, 163 (App. Div. 1999). "A local zoning determination will be set aside only when it is arbitrary, … followed the statutory criteria and there is adequate "support in the record, approval will not be deemed arbitrary …
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… is a 'manifest lack of inherently credible evidence to support the finding,' when there has been an 'obvious … N.J. at 521). "On a motion for a new trial, all evidence supporting the verdict must be accepted as true, and all … by well-established principles, we conclude the jury's determination that defendant was not negligent is supported by …
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… should grant 6 A-1803-20 evidentiary hearings and make a determination on the merits only if the defendant has … Super. at 170. However, a defendant must present facts "supported by affidavits or certifications based upon the … PCR judge correctly found that defendant's petition was unsupported by cognizable evidence. Defendant presented no …
njcourts.gov
… charge of his simple assault 5 A-0305-22 of [Michael]. In support, this [c]ourt notes Lata's consistent and unwavering … must accept the factual findings of a trial court that are 'supported by sufficient credible evidence in the record.'" … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very 7 …
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… of Corrections (NJDOC) upholding a hearing officer's determination that he committed prohibited act *.306, conduct … produced copies of N.J.A.C. 10A:47-10 and 10A:18-9.5(a), in support of his request for leniency. Otero pled guilty to … unless it is arbitrary, capricious or unreasonable or not supported by substantial credible evidence in the record." …
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… custody status achieved/ maintained; and correspondence in support of parole. 4 A-2766-22 Coburn appealed to the full … contentions and concluded it "concur[red] with the determination of the Board panel that a preponderance of the … Twp., 199 N.J. 1, 9 (2009)). The Board's parole determinations are entitled to deferential review given its …
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… Manso, an inmate in State prison, appeals from a final determination of the New Jersey Department of Corrections … September 7, 2016, and concluded on September 8, 2016. In support of the charges, the Department presented the letter, … capricious or 6 A-0348-16T2 unreasonable or [] is not supported by substantial credible evidence in the record as …
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… in Detective Massaro's April 13, 2012 affidavit in support of the application for a search warrant. Massaro's … him to accord substantial deference to the probable cause determination of a judge of equal jurisdiction. Regardless, … TO THE TRIAL COURT FOR AN EVIDENTIARY HEARING AND REDETERMINATION. (Not raised below).1 POINT 2: THE EVIDENCE …
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… 3 A-1696-16T4 LGA also requested legal fees and submitted supporting certifications. Bergeron did not respond, … proceeding issued a final judgment on the merits, (4) the determination of the issue was essential to the prior … an issue is properly raised . . . and is submitted for determination, and is determined, the issue is actually …
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… for PCR, and designated PCR counsel subsequently filed a supporting brief. On December 4, 2015, the PCR judge … Wise, Valerie Fields, and Aljiva as potential witnesses. In support, defendant submitted the certifications of Wise and … accordingly, defendant failed to present competent evidence supporting his claim. See State v. Cummings, 321 N.J. Super. …
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… consented to the search. The court's findings were amply supported by the evidence. See State v. S.S., 229 N.J. 360, … defendant had consented to the search. These facts amply support a conclusion, by clear and convincing evidence, that … In sum, we discern no error in the trial court's determination to sustain the search based on inevitable …
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… an adjudication for truancy as a juvenile, there was no support for the Board Panel's determination that there was a substantial likelihood he would … The Board concurred with the Board Panel's determination that a preponderance of the evidence indicated …
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… Eleanor died testate on April 30, 2011.2 Eleanor had three children: Joseph, Jr., Eileen, and Maureen. Joseph Jr., the … factual findings will be upheld as long as they are "supported by adequate, substantial, and credible evidence" … Super. 1, 6 (App. Div. 1985) (affirming a trial court's determination that the matter could be decided on the papers); …
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… May 2016, plaintiff filed a motion for summary judgment. In support of its motion, plaintiff relied on the certification … knowledge and therefore could not support the court's determination that plaintiff had standing to bring the … certification provided ample support for the court's determination that plaintiff had standing to bring the …
njcourts.gov
… twelve to eighteen months after construction ended was unsupported by any facts and, therefore, was a net opinion. … expressed in his report and deposition were adequately supported by the facts and thus were not net opinions. … Defendants argue because Cannon did not provide facts to support the building and weather conditions were the same …
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… to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial 6 A-3305-17T4 credible evidence in … physical disease." Id. at 187. Here, the record readily supports the conclusions reached by the ALJ and affirmed by … we second-guess the ALJ's fact finding and credibility determinations, which is not our role. The Board's decision is …
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… On October 10, 2017, plaintiff moved for final judgment. In support of the motion, plaintiff submitted a certification … defendants defaulted on July 1, 2014. A certification in support of plaintiff's motion for summary judgment, however, … 520, 529-30 (1995)). Self-serving assertions that "[are] unsupported by evidence are insufficient to create a genuine …