njcourts.gov
… is not substantial, credible evidence in the record to support the Board's claim that its action is warranted by … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. Additionally, we give "great … and 216 N.J. 363 (2013). "If there is any fair argument in support of the course taken by the agency or any reasonable …
njcourts.gov
… are "arbitrary, capricious or unreasonable or [are] not supported by substantial credible evidence in the record as … of the evidence standard, revocations of parole must be supported by clear and convincing evidence in the record. … circumstances relating to that lawful purpose. He finds support in cases regulating criminal liability. See State v. …
njcourts.gov
… in the Law Division. We affirm because the findings supporting the convictions are based on substantial, … State v. Johnson, 42 N.J. 146, 162 (1964)). On a legal determination, in contrast, our review is plenary. State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… their property was included in the plans. They agreed to support the application in exchange for an easement … "his analysis is based on acceptable engineering principles supported by observable facts." The judge noted that … 9 A-2615-15T3 failed to provide a factual foundation to support the application and as such, the approval should be …
njcourts.gov
… 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
… sufficient findings of fact and conclusions of law to support an FRO. See R. 1:7-4(a). I. Plaintiff and defendant … trial. A trial court's findings are binding on appeal "when supported by adequate, substantial, and credible evidence." … the facts in the record did not 7 A-0656-16T1 support a determination of harassment, and there was no history of …
default
… 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 …
default
… 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 …
njcourts.gov
… an adequate investigation in preparing for trial. He supported his argument by pointing out minor inconsistencies … that defendant had filed no affidavits or certifications in support of his PCR petition, by individuals possessing … performance. In order to do that, the application must be supported by affidavits or certifications, none of which …
default
… the first judge entered an order denying the motion and supported that ruling with a written statement of reasons. … to show any prejudice. The PCR judge also found no evidence supported defendant's contention that his counsel gave him … only if he or she establishes a prima facie case in support of PCR, material issues of disputed fact cannot be …
default
… "in combination demonstrates there's ample evidence to support a conclusion the defendant was driving under the … 6 A-0414-19 II. The Law Division reviews municipal court determinations de novo on the record. R. 3:23-8(a)(2). That … We also give deference to the trial court's factual determinations. Johnson, 42 N.J. at 161. Moreover, we give …
njcourts.gov
… be held only if defendant presents "a prima facie claim in support of [PCR]"). To establish entitlement to an … faced life in prison if he did not accept the plea deal. In support of that motion, defendant submitted a certification … him to withdraw his motion to vacate the guilty plea. In support of the petition, defendant submitted his …
njcourts.gov
… Nor were there any juveniles seen in the camera footage to support defendant's claim that kids broke the car window. … domestic violence statute. The judge made no credibility determinations and ultimately dismissed the TRO, finding … by the absence of specific findings of fact, credibility determinations, and conclusions of law. Given the divergent …
njcourts.gov
… to provide citations to affidavits or documentations to support his argument." The judge addressed each of … defendant's claims and found them belied by the record or unsupported by any facts that would establish the outcome of … when a defendant establishes "a prima facie case in support of [PCR]," the judge determines that there are …
njcourts.gov
… Through this witness's testimony, the Bank's documents in support of foreclosure were 3 In her opinion issued after … Bank's evidence. On this record, Judge Goodzeit's factual determinations were supported by the credible trial evidence … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
njcourts.gov
… the State failed to establish reasonable suspicion in support of frisking defendant because there was "no … N.J. 673, 683-85 (1988), the judge found "the facts that support a lawful stop do not always support a lawful frisk." As a result, the judge held …
njcourts.gov
… held only if a defendant presents "a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 … 1999). A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, … terms to the jury. See R. 3:22-11 ("In making [a] final determination upon a [PCR] petition, the court shall state …
njcourts.gov
… to the right, almost 1 The officer's testimony was also supported by the body camera footage that the judge viewed. … (citing State v. Locurto, 157 N.J. 463, 470 (1999))). In support, Judge Rodriguez pointed to the fact that defendant … erroneous, and the matter must be remanded for a proper determination of whether reasonable suspicion existed absent …
default
… and defendant are divorced and share custody of their two children, an eleven-year-old girl and a nine-year-old boy. … defendant claims the record lacked sufficient evidence in support of the issuance of the FRO. We disagree. In a … the evidence is testimonial and implicates credibility determinations. Ibid. (quoting In re Return of Weapons to …
njcourts.gov
… the New Jersey Department of Corrections (DOC) affirming determinations a disciplinary hearing officer rendered on … the JPay grievances and inquiries that Ali-X submitted to support the charges as written. The hearing officer imposed … We find nothing in the record to suggest that this determination was arbitrary, capricious, or unreasonable. …