njcourts.gov
… assistance of counsel claim, finding the record did not support the theory that a personal dispute between counsel … fail. The court also found defendant presented no facts to support a potential alibi, and that if he had, any testimony … CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL WHICH WAS SUPPORTED BY MATERIAL ISSUES OF DISPUTED FACTS LYING OUTSIDE …
njcourts.gov
… cases is limited. R. 1:36-3. 2 A-1068-21 judge's (ALJ) determination Etheridge is collaterally estopped by an … under the Teacher Effectiveness and Accountability for the Children of New Jersey statute (TEACHNJ), N.J.S.A. 18A:6-117 … We affirm the Commissioner's decision because it is supported by the evidence and Etheridge makes no showing it …
njcourts.gov
… Because of the importance of the consecutive/concurrent determination to this appeal, we consider the evidence adduced … name), observed that Sara was incoherent and unable to support her own weight. 4 A-3211-20 Sara ended up on top of … examination of the record and the judge's sentencing determinations, we are satisfied the Yarbough test was …
njcourts.gov
… point and knew to make direct observations of him. II. In support of his motion, defendant asserted that the … likelihood of irreparable 9 A-1661-22 misidentification. In support of its argument the identification was reliable, the … Henderson to the trial judge’s findings, we conclude his determination the UCO's identification was reliable, is based …
njcourts.gov
… sought to withdraw his guilty plea. He argued, without a supporting certification, that at the time of his plea … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
njcourts.gov
… v. Slater, 198 N.J. 145 (2009). Defense counsel argued in support of the motion: Mr. Martin entered a guilty plea, … "no other alternative than to enter a guilty plea." In support of the amended petition, defendant submitted his … only if the defendant establishes a prima facie case in support of PCR, "there are material issues of disputed fact …
njcourts.gov
… the following facts from evidence the parties submitted in support of and in opposition to the summary judgment motion. … was established. Plaintiffs therefore claim that the determination of these issues should be made by a jury. We … we discern no grounds to disturb the motion court's determination that defendants were entitlement to qualified …
njcourts.gov
… is sufficient credible evidence present in the record to support the Law Division's conclusions. Ibid. Finally, when … concurrent findings of facts and credibility 8 A-2507-21 determinations made by two lower courts absent a very obvious … Defendant turns to State v. Bealor, 187 N.J. 574 (2006) to support his argument. Bealor concerned a suspected case of …
njcourts.gov
… limited. We defer to a PCR court's factual findings "'when supported by adequate, substantial and credible evidence.'" … mixed questions of law and fact, we give deference to the supported factual findings of the PCR court but review de … prosecutor should not prosecute when the evidence does not support the State's charges." Ibid. We are unpersuaded by …
njcourts.gov
… from the Civil Service Commission's final administrative determination of February 1, 2023, denying his petition for … his appeal. Beyond this, Gaston claims the agency's final determination was against the weight of the evidence and was … Jersey Division of Mental Health and Addiction Services to support his assessment that the victim depicted in the …
njcourts.gov
… filed or served in that action. In her motion, which was supported by her counsel's certification, plaintiff asserted … order. We conduct a de novo review of a trial court's determination of a motion to enforce a judgment under Rule … may only be logically employed following a substantive determination a party is entitled to a judgment or an order. …
default
… would forward a portion of those commissions to Janice. In support of this claim, the grand jurors were presented with … BECAUSE THE STATE PRESENTED A PRIMA FACIE CASE IN SUPPORT OF ALL EIGHT COUNTS. POINT II THE STATE HAD NO … must 'demonstrate that evidence is clearly lacking to support the charge.'" State v. Graham, 281 N.J. Super. 413, …
default
… the sake of completeness, we conclude the record does not support his contention that the court did not set forth its … court's findings of fact "so long as those findings are supported by sufficient evidence in the record." State v. … suppression motion embody a mixture of factual and legal determinations, and the significance, under search-and-seizure …
default
… person she had sex with during the period of time at issue, support the inference that defendant's sperm was present in … N.J. at 625. B. We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] … defendant was sentenced, and the basis for the court's determination that aggravating factor two applied, the court …
default
… was not arbitrary, capricious or unreasonable and was supported by substantial credible evidence in the record. I … specific context of this case . . . the evidence [did] not support the conclusion that the sequence and timing of the … interpretation of 10 A-1880-17T3 a statute or its determination of a strictly legal issue." Russo, 206 N.J. at …
default
… 2) the Board failed to make the necessary findings to support the c(1) variances granted; 3) the resolution failed … to the public good to its engineer for post-hearing determination; and 5) the applicants failed to present … 433 N.J. Super. at 252. However, a zoning board's legal determinations are subject to de novo review. Jacoby v. Zoning …
default
… opinion, making detailed factual and credibility findings supporting her determination that defendant was guilty of simple assault. The … oral opinion, the judge made the following credibility determinations and findings of fact. Defendant and D.F. dated …
default
… complaints, he testified that those complaints were supported by "objective measures" derived from his … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … 440, 443-44 (App. Div. 2006). "Where . . . the [agency's] determination is founded upon sufficient credible evidence …
njcourts.gov
… raise the alibi shortly after arrest; (2) the alibi was not supported by independent objective evidence; (3) defendant … 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 …
njcourts.gov
… self-evaluation reports, and to regularly attend peer support meetings. Additional requirements included a … N.J.S.A. 45:1-21 for the violation or making findings in support of that statutory basis. He contends the Board's … Final Order because it did not have substantial evidence to support its order, and it made no findings. He contends the …