njcourts.gov
… however trial counsel did not produce witnesses to support defendant's alibi. The State called multiple … an evidentiary hearing to make a proper credibility determination. See State v. Jones, 219 N.J. 298, 314 (2014) … 2008)). "Assessments of credibility [are] the kind of determinations 'best made through an evidentiary proceeding …
default
… a podium and stool to allow her to sit and stand with support as she desired in the classroom. Lettis-Yilmaz's job … is contrary to the weight of the evidence; (2) the determinations of the Social Security Administration (SSA) and … In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there 7 A-1992-20 is a …
njcourts.gov
… She describes other circumstantial evidence that allegedly supports defendant's culpability. Defendant has denied under … allegation was true. It is axiomatic that in order to support a prima facie claim of negligence, a plaintiff must … happened. The testimony of at least two witnesses largely supports defendant's sworn testimony that he left work some …
njcourts.gov
… authorizing acquisition of the Property and studies supporting the need for a parking facility on the site. The … access to the Property.1 1 We agree with the judge's determination but do so for reasons other than those expressed … & Co. v. Collier, 167 N.J. 427, 444 (2001). Fee determinations will be disturbed "only on the rarest of …
njcourts.gov
… is intended. 3 A-5350-18T2 his lifetime, Stuart financially supported Wylie, providing her with an estimated $1 million. … Instead of presenting clear and convincing evidence in support of her claims, the judge found Wylie submitted her … relevant time periods. Against the overwhelming evidence supporting Stuart's testamentary capacity, the judge found …
njcourts.gov
… defendant argues the following: POINT I THE RECORD DOES NOT SUPPORT THE LOWER COURTS' FINDINGS OF CREDIBILITY. 8 … there is sufficient credible evidence in the record to support the Law Division judge's findings." Ibid. We will … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… the purpose of procuring expert psychiatric testimony to support a defense of diminished capacity pursuant to … and moved for an adjournment to procure an expert to support a diminished capacity defense. On March 1 and 7, … counsel. The trial judge added that no reports currently supported defendant's defense, and that it was uncertain …
njcourts.gov
… testified that he considered certain dynamic factors which support his opinion that P.P. would likely reoffend. One … FUTURE. "The scope of appellate review of a commitment determination is extremely narrow." In re Civil Commitment of … "An appellate court should not modify a trial court's determination either to commit or release an individual unless …
njcourts.gov
… harm." She explained that due to threats made against the supporters of the deer cull, the records should not be … were responsible for the statements. We review "determinations about the applicability of OPRA and its … By way of example, Judge Mizdol noted that "a parent with children has the right to know if hunters will be operating …
njcourts.gov
… risk of harm to R.F." C.A. filed exceptions to this determination with the DHS, and DHS filed responses. DHS … to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … they arrived. For these reasons, C.A. asserts the ALJ's determination of substantial acts of neglect was not based on …
njcourts.gov
… The prosecutor did not mention the factors that did not support the opposition, nor did the prosecutor express … that prosecutors have wide latitude in PTI determinations. State v. Wallace, 146 N.J. 576, 582 (1996); … also describe how the 2014 Clarification impacted the determination. We leave it to the motion judge to schedule the …
default
… excuse the delay in filing her appeal of the Department's determination. After carefully reviewing the record in light … INCREASED HER DUTIES AND REFUSED TO PROVIDE HER MANAGERIAL SUPPORT, WHICH EXACERBATED HER ANXIETY. II. We begin our … work: 1. Lack of transportation; 10 A-2555-20 2. Care of children or other relatives; 3. School attendance; 4. …
default
… "[b]are conclusions in the pleadings, without factual support in tendered affidavits, will not defeat a … Bank lacks standing to bring the foreclosure action is not supported with any evidence. On the contrary, the … in a conclusory manner with no evidentiary basis for their support. In effect, the answer is non-contesting." Because …
default
… history of domestic violence" section of her complaint. To support that allegation, plaintiff 4 A-1527-20 submitted a … by the trial court are binding on appeal when 7 A-1527-20 supported by adequate, substantial, credible evidence." … trial judge's factual findings if they are "so manifestly unsupported by or inconsistent with the competent, relevant …
default
… defendant's motions as lacking any factual bases or legal support. The foreclosure judge returned the case to the … determined the documentation submitted by U.S. Bank in support of summary judgment show[ed] that prior to the … lacked the power of attorney to submit certifications in support of U.S. Bank's foreclosure action. Additionally, …
default
… any documentation, legal argument, or other papers in support of his contentions and to speak before [them]." … it is arbitrary, capricious, or unreasonable, or lacks fair support in the record." In re Project Authorization Under … 5 A-4583-19 violates legislative policies, lacks the support of substantial evidence in the record, and …
default
… se PCR petition, and appointed counsel subsequently filed a supporting brief. Defendant asserted several grounds for … instruction, and submit a certification from defendant to support his new trial motion. Defendant also contended he … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
njcourts.gov
… we conclude the record contains substantial evidence to support the trial judge's finding that the "public health, … of physical and emotional abuse against S.H. and their children. She testified petitioner was "abusive to all of … to enter her home during a scheduled pick-up of the children for visitation. When M.C. intervened to defend …
njcourts.gov
… default filed on June 23, 2015; and (4) the papers filed in support of and in opposition to the 2023 motion to vacate … moved to vacate the 2015 final judgment by default. In his supporting certification, defendant represented that he … Plaintiff's counsel did not attach the documents supporting that assertion. In the second certification, a …
-
njcourts.gov
… authority as superintendent under the Education Act. In support of its argument, the State cites the … omitted). The State's citations to the record do not support its claim that Star knew or should have known that … District sought coverage for the State. Nor does the record support the State's argument that Star should have known …