njcourts.gov
… SCVTF penalty, and (3) provide a statement of reasons to support the amount of any SCVTF penalty imposed. State v. … to pay, nor did it provide a statement of reasons in support of its decision to impose the maximum $750 SCVTF … ability to pay, and provide a statement of reasons to support the amount of the SCVTF penalty imposed. The …
njcourts.gov
… ERRED [] AS THE DECISION IS UNREASONABLE AND LACKS FAIR SUPPORT IN THE RECORD AS A WHOLE AND THUS BEING AGAINST THE … to be arbitrary, capricious or unreasonable or lacks fair support in the record as a whole. In re of Musick, 143 N.J. … ample support for the Department's abuse and neglect determination. It is the public policy of the State "to secure …
njcourts.gov
… he was lawfully standing, because it is a public street, supports application of the plain view doctrine." The motion … we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … We will uphold the trial judge's decision so long as it is "supported by sufficient credible evidence" and not "so …
default
… requiring a member to submit an expense report with supporting receipts to KSTV in order to receive … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence."). … 9 A-0355-17T1 established for expense reimbursement is supported by substantial credible evidence in the record. To …
njcourts.gov
… a Franks2 hearing to determine whether the affidavit in support of the search warrant for the entire vehicle omitted … CONCERNING THE CRITICAL ISSUE OF WHETHER THE AFFFIDAVIT IN SUPPORT OF THE WARRANT TO SEARCH THE ENTIRE VEHICLE OMITTED … not violate the sentencing guidelines and the record amply supports his findings on aggravating and mitigating factors. …
njcourts.gov
… POINT I BECAUSE THE TRIAL COURT'S FACTUAL FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE, AND BECAUSE THE … courts should reverse only when the trial court's determination is 'so clearly mistaken that the interests of … 42 N.J. 146, 161 (1964)). We also agree with the legal determination Judge Caulfield reached based upon her fact …
njcourts.gov
… Appellant Larry Yellock appeals from a September 23, 2015 determination of the New Jersey State Parole Board (Board), … A three-member Board Panel also upheld this determination. The full Board reviewed the matter and affirmed … findings of the two-member Board Panel as insufficient to support its conclusions. A three-member Board Panel …
njcourts.gov
… 350. The newly discovered evidence provided to the court in support of the motion for a new trial was presented in an … have exercised a peremptory challenge on this juror is supported by the credible evidence in the record. We briefly … any evidence such as an affidavit or certification to support his argument that trial counsel would have exercised …
njcourts.gov
… findings of fact "are considered binding on appeal when supported by adequate, substantial and credible evidence." … (1974)). Therefore, "we will not upset a State agency's determination in the absence of a showing that it was … 443-44 (App. Div. 2006)). While we review de novo the determinations by a trial court and an agency that no genuine …
njcourts.gov
… to suppress, the motion judge allowed counsel to make supporting legal arguments. Based upon the testimony and the … findings of the trial court "so long as those findings are supported by sufficient credible evidence in the record." … we find sufficient credible evidence in the record to support the judge's denial of defendant's motion 8 …
njcourts.gov
… on any of the subparagraphs set forth in Rule 4:50-1 to support their claim that the judgment should be vacated. As … until the expiration of the [thirty] days." The record supports her finding. Indeed, defendants' claims are belied … for vacating the judgment of foreclosure simply are not supported by the record. Therefore, pursuant to our …
njcourts.gov
… coverage. Counsel further maintained there was no support for plaintiff's assertion that some unnamed UFG … acted in bad faith by failing to settle her claim. In support of that argument, plaintiff cites Pickett v. … claim in her complaint, and she did not allege any facts to support such a claim. 7 A-0699-16T4 Moreover, Pickett …
njcourts.gov
… modification or a short sale. Defendants fail to attach any supporting evidence to any of these claims including the … A CFA claim cannot be sustained on mere allegations unsupported by specific facts or evidence. Final judgment was … discovery might have been material to the trial court's determination. There is no argument in defendants' brief as to …
njcourts.gov
… action was arbitrary, capricious or unreasonable, or not supported by substantial credible evidence in the record as … evidence as a reasonable mind might accept as adequate to support a conclusion." In re Pub. Serv. Elec. & Gas Co., 35 … We have no question that the evidence was sufficient to support the finding of guilt. The hearing officer found …
default
… We find no reason to disturb those findings which are supported by substantial, credible evidence in the record. … that many of the trial court's current findings could well support a determination that Carr violated the provisions the trial …
default
… SO, IT WOULD HAVE FOUND THAT THE YARBOUGH FACTORS DO NOT SUPPORT IMPOSITION OF CONSECUTIVE SENTENCES. (Not Raised … sentences even though a majority of the Yarbough factors support concurrent sentences," id. at 427-28, but "the … ever analyzing the applicable" Yarbough guidelines. To support the fairness of being given concurrent sentences, he …
njcourts.gov
… [him]" and "never conducted any investigations." No other supporting certifications or affidavits were submitted. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing."); … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." …
njcourts.gov
… DID NOT ARGUE FOR SEVEN MITIGATING FACTORS THAT ARE SUPPORTED BY THE RECORD. We review de novo the Law … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … now contends should have been found in his case are not supported by the record. An assailant who enters his home to …
njcourts.gov
… to consider" the OPRA request form. That assertion is not supported by the record. In fact, the record demonstrates … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … given little or no weight to the OPRA request form. That determination was within his discretion. Plaintiff asserts …
njcourts.gov
… and performing any other necessary clerical work to support supervisors. These tasks required Haviland to spend … 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, … Id. at 172. The party challenging the administrative determination bears the burden of proof. Boyle v. Riti, 175 …