njcourts.gov
… "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Jecker v. … (1974)). 4 A-3917-16T2 "We defer to the credibility determinations made by the trial court because the trial judge … defendant regarding bad checks. The trial court based its determination of damages on the handwritten letter. Defendant …
njcourts.gov
… 3:9-2 and Rule 3:21-1. Defendant argued his plea was not supported by an adequate factual basis and even if it was, … guilty plea because there was an inadequate factual basis supporting his conviction for theft by deception, N.J.S.A. … The court must be satisfied there is a factual basis supporting "every element of the crime charged." Ibid. A …
njcourts.gov
… FET outside of the administrative guidelines was not supported by the record and violated his due process rights. … We disagree. 7 A-4316-14T2 Judicial review of parole determinations is limited to an evaluation of whether the … 126 N.J. 330 (1991). Our review is also limited to a determination of whether the agency's findings could …
njcourts.gov
… when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … to show that "defendant was right to fear the victim and [support] the defendant's argument that she acted in self- … how the shooting occurred, and by using the mannequin in support of the defense case. The judge noted that in …
njcourts.gov
… the trial court's factual findings . . . 'when [they are] supported by adequate, substantial and credible (continued) … more than he was incorrect. We affirmed the court's determination on that precise issue on appeal, finding … upon which Kramer's Rule 1:10-3 motion was based finds no support in the record. Montclair's entry into the agreement, …
njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Wells Fargo confirmed in a supplemental certification with supporting documents that as of December 11, 2013, Wells … 149 N.J. 408 (1997). Nevertheless, neither Upke nor Yvanova support defendant's position. In Upke, we did not discuss …
njcourts.gov
… from employment. The CSC issued a final administrative determination in which it "accepted and adopted the Findings … or unreasonable, or that 10 A-2623-14T4 it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, 482 … that of the agency's when "substantial credible evidence supports [the] agency's conclusion[.]" Greenwood v. State …
default
… fact-finding by relying on his prior convictions to support its imposition of the extended term sentence under … verified petition refers to a pro se brief submitted in support of his initial petition. The brief is not included … aid, its finding of the aggravating and mitigating factors supporting the sentence were based solely on defendant's …
default
… Home Health Aide for the past six years," had "four children in [her] custody, and [was] expecting" a fifth. … Defendant appealed the denial to the trial court. In a supporting certification, defense counsel stated that … officer who was also the grandfather of one of defendant's children. In response, the State acknowledged considering …
njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as … 17:22A-40(a)(2), (4), (8). There was unrebutted evidence to support the charges that appellant violated the regulations, … default. However, there is nothing in the Act that would support the imposition of the maximum civil penalty just …
njcourts.gov
… work authorization and worked steadily. He has three grown children and one grandchild, all United States citizens. In 2018, Gustavo … PCR petition if he or she establishes a prima facie case in support of PCR. To establish a prima facie case, a defendant …
njcourts.gov
… an end in itself. Rather, it is a factor in the court's determination whether there is a reasonable probability that, … the totality of the evidence in making its prejudice determination. . . . . The testimony of [the Walgreens … and interviewed there is nothing before the court that supports a finding that the manager would have had any …
njcourts.gov
… N.J.S.A. 30:4- 123.53 (amended 1997). In making its determination, the Board must consider all pertinent factors, … with respect to aggravating and mitigating factors were supported by information presented in a panel interview, … 6 A-4335-18T1 The detailed reasons given by the Board in support of its decision amply demonstrate that it did not …
njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and 7 A-1006-18T2 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
njcourts.gov
… for a thorough and efficient education for public school children. The Department was asked to forgo collecting any … not assert a well settled legal right because it failed to support its position with legal authority. The ALJ found the … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
njcourts.gov
… dating for approximately eight years. They do not have any children together. Plaintiff was hospitalized for a period … "did not make findings of fact and conclusions of law" in support of his decision, and "did not find that [plaintiff] … and "[c]ommon sense and experience may inform that determination." Hoffman, 149 N.J. at 577. Because direct proof …
default
… a reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … the pleading; (3) the factual allegations are adequately supported; and (4) factual denials are warranted. R. … or where no rational argument can be advanced in its support[.]" (quoting United Hearts, L.L.C. v. Zahabian, 407 …
njcourts.gov
… pleading guilty and continuing through sentencing." In his supporting 4 A-2065-18T2 certification, defendant averred … N.J. Super. at 170. Judge Caulfield's findings are fully supported by the record and her conclusions are consistent … sentence would not have made sense. This finding is amply supported by the record. Moreover, defendant did not appeal …
njcourts.gov
… He found "no evidence of any mental health deficiencies" to support the argument his mental health issues impaired him, … at, and kill, the victim. The judge found no evidence to support defendant's claim the gun accidentally discharged … at the plea or sentencing phases, or in the PCR petition to support the claim defendant's mental health impacted his …
njcourts.gov
… assistance of counsel. First, his certification in support of PCR alleged his trial counsel provided … only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … by these principles, we disagree with the PCR judge's determination that defendant's claims that counsel provided …