-
njcourts.gov
… not cite, and the court could not find any legal authority supporting defendant's claim. The judge also noted that the … on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … on this appeal. We stated: Here, defendant offers no support for his proposition that Rule 1:12-3 prohibited [the …
-
njcourts.gov
… it as "arbitrary, capricious and/or unreasonable and not supported by credible evidence." Accordingly, the … In re Hermann, 192 N.J. 19, 27 (2007). The “final determination of an administrative agency . . . is entitled to … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
-
njcourts.gov
… in 1993, they are both attorneys, and they have three children. In July 2014, plaintiff filed a complaint for … Award, defendant contends that (1) there was no evidence supporting the award, (2) the arbitrator refused to consider … or engage in cross-examination, and (4) the fee was not supported by the record. Thus, defendant requests that we …
-
njcourts.gov
… 4 Rosengarten cites to one of our unpublished decisions in support of this proposition. Not only are unpublished … capricious or unreasonable, or that it lacked fair support in the evidence." Carter, 191 N.J. at 482. To … by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Norfolk S. Ry. Co. …
-
njcourts.gov
… by the Law Division to determine whether those findings are supported by the competent evidence in the record. 7 … reported did not occur. There is no basis in the record to support defendant's argument to the contrary. Defendant … A-3896-14T4 concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious …
-
njcourts.gov
… parties filed supplemental letter briefs contending Mattia supported their respective positions. 5 A-0048-17T3 … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … court would come to the same conclusion if the original determination was its to make, but rather whether the 6 …
-
njcourts.gov
… for an involuntary dismissal pursuant to Rule 4:37-2. In support of the motion, defendant's counsel cited case law to … such a duty is "an essentially 8 A-1323-17T2 objective determination to be made on the basis of the material facts" … in not making a reasonable use of his property. Such a determination merits a consideration of the various attendant …
-
njcourts.gov
… issues of material fact proffered by plaintiff that could support a finding that Suk breached his duty of care under … at 84-85. Plaintiff cites allegations in the complaint to support his argument that the complaint's "language [was] … judge never analyzed whether plaintiff presented facts in support of his claim that defendants' conduct was reckless. …
-
njcourts.gov
… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … adopted sister's mother; his lack of concern and financial support for her adopted sister, his adopted daughter; and … it is unclear whether the court made credibility determinations and found them unconvincing, or if the court …
-
njcourts.gov
… found defendant did not object at sentencing and the record supported the aggravating and mitigating factors. This … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … subject to NERA to run concurrent. The record does not support defendant's claim that plea counsel advised he would …
-
njcourts.gov
… the back yard, nor did he argue that the affidavit in support of the search warrant to search the residence was … review, a trial court's factual findings in 9 A-0362-21 support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
-
njcourts.gov
… his guilty plea. She found the medical records submitted in support of the motion to withdraw the guilty plea were from … assigned counsel submitted an amended PCR petition and supporting documents on July 2, 2020. Defendant argued his … issues at the time of the plea hearing. The only evidence supporting a mental health diagnosis were medical records …
-
njcourts.gov
… compelling" and noted his testimony was "bolstered" and "supported" by the medical records and reports moved into … (1998). We are bound by the trial court's findings "when supported by adequate, substantial, credible evidence." Id. … finding of one or more of the factors may not be enough to support the issuance of a TERPO." In re D.L.B., 468 N.J. …
-
njcourts.gov
… AS ITS REASONING DEFIES LOGIC AND IGNORES FACTS WHICH SUPPORT ACQUITTAL. 3 Defendant was ordered to pay $100 in … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … of innocence and stands convicted—ready to challenge that determination on appeal. [Ibid.] Appellate review of a de novo …
-
njcourts.gov
… of Social Services (UCDSS) to make an eligibility determination. For the following reasons, we vacate the … DMAHS stated "there [was] nothing in the record to support a finding that the death of a UCDSS caseworker, the … unreasonable. 8 A-1153-21 A court's review of an agency's determinations is limited. Allstars Auto Grp., Inc. v. N. J. …
-
njcourts.gov
… plaintiffs filed a request to enter default against him. In support of that request, plaintiffs' counsel certified based … the judgment and requested oral argument of his motion. In support of the motion, defendant certified he "was not the … for leave to amend the complaint. In his certification in support of the cross-motion, plaintiff's counsel stated …
-
njcourts.gov
… affirmed the Board's decision on appeal, concluding it was "supported by sufficient credible evidence" in the record. … N.J.A.C. 10A:71-3.2(c)(7),2 limiting commutation credit determinations after parole denial to the additional FET term … should be taken into account," and "delegate[d]" that determination to the Board's authority. Ibid. Accordingly, the …
-
njcourts.gov
… the record contains sufficient [credible] evidence to support the judge's conclusion[,]" of guilt beyond a … unless we are convinced "'they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … that the call 8 A-3247-23 was made by him." In further support of this argument, G.M. posits that the call "could …
-
njcourts.gov
… required the jury to find different elements; and were all supported by independent evidence in the record. The issue … the record 8 A-4012-23 supported the sentencing court's determination that the "shooting was a separate and distinct … assault did not merge with the robbery. Ibid. That determination thus establishes the issue of merger and …
-
njcourts.gov
… later argued that the withheld discovery would have supported a passion provocation defense. Following oral … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary 5 A-1305-23 … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …