njcourts.gov
… FOR FAILING TO PROVIDE MORE THAN BARE ALLEGATIONS TO SUPPORT DEFENDANT'S ARGUMENT THAT TRIAL COUNSEL FAILED TO … for Failing to Provide More Th[a]n Bare Allegations to Support Defendant's Argument that Trial Counsel Failed to …
njcourts.gov
… it is arbitrary, capricious, or unreasonable, or lacks the support of sufficient credible evidence. Brady v. Bd. of … under N.J.S.A. 43:21-5(a)." Id. at 370. The panel cited supporting authority from other jurisdictions. Ibid. …
njcourts.gov
… regarding the lockbox and the rear windows and door, supports the court's further finding that [d]efendant … crimes in the indictment nor that the judge's credibility determinations were erroneous. Instead, defendant argues his … record amply supports the judge's factual and credibility determinations, 6 A-5338-16T1 so we will not disturb them. …
njcourts.gov
… of trial counsel under the Strickland-Fritz test was supported by sufficient credible evidence. Defendant's … him of the meaning of PSL or its consequences is not supported by the record. The trial court discussed PSL with …
njcourts.gov
… MERITS BRIEF BEING SUBMITTED WHERE THE DEFENDANT ASSERTS SUPPORTED OF EXCUSABLE NEGLECT AND FUNDAMENTAL INJUSTICE TO … AND R. 3:22- 12(a)(2) AND ASSERTS LEGAL ARGUMENTS IN SUPPORT OF DEFENDANT'S REMAINING CLAIMS, THUS THE …
njcourts.gov
… and maintenance of minimum custody status; and letters of support. In addition, the panel considered information … record." Id. at 179 (citations omitted). In making this determination, we "may not substitute [our] judgment for that … relevant factors in N.J.A.C. 10A:71-3.11. Its decision is supported by sufficient credible evidence in the record and …
njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo, 196 … Petermann's expert report is not a net opinion and is well supported by his examination of her. In an apparent attempt … we glean no reason to disturb the motion judge's determination that Petermann's opinion is inadmissible because …
njcourts.gov
… that the exculpatory witness was not credible are well-supported by the record and affirm. A jury convicted … factual findings of a PCR court so long as the findings are supported by sufficient credible evidence in the record. …
njcourts.gov
… Div. 1999) (holding that a board's findings must only be supported by substantial evidence in the record). It is a … arbitrary, 6 A-0238-16T1 capricious or unreasonable and was supported by substantial evidence in the record. We agree …
njcourts.gov
… as to the discussion in the judge's chambers, without a supporting certification from defendant's trial attorney, … an affidavit or certification from his trial attorney in support of his allegation. Further, defendant's bare …
njcourts.gov
… live witness testimony" and will uphold findings that are "supported by sufficient credible evidence in the record." … exposure he would have accepted the plea offer." The record supports her well-reasoned decision denying the PCR …
njcourts.gov
… charged with second- degree endangering the welfare of two children based on allegations of improper sexual contact. … the petition and filed a thirteen-page written opinion supporting that decision. 4 A-1835-16T3 Defendant claimed … a conviction on the second-degree crime lacked any credible support in the record. Turning to the application to …
njcourts.gov
… or "preserve [defendant's] Constitutional issues." In a supporting certification, he added that counsel "failed to . … the trial, were belied by the record and were without any support. He also concluded defendant failed to establish …
njcourts.gov
… of directors (defendants) breached a contract with him. In support of that claim, plaintiff alleged that defendants … judgment. Defendant filed a motion to vacate the default, supported by a certification of its attorney, Stephen M. …
njcourts.gov
… State v. Nwobu, 139 N.J. 236, 246 (1995)). In making a determination to admit, "a prosecutor must consider an … Negran, supra, 178 N.J. at 82. The record here fully supports the prosecutor's denial of defendant's application … We find no 7 A-0993-16T1 error in that decision, which is supported by the evidence and the applicable law. Affirmed. …
njcourts.gov
… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … erred in considering his failure to submit an affidavit to support his motion to file a late notice of claim; and the …
njcourts.gov
… counsel for defendant subsequently filed a legal brief in support of defendant's claim for PCR in December 2015. Judge … hearing if a defendant establishes a prima facie showing in support of the relief requested. State v. Preciose, 129 N.J. … assertions are nothing more than "bald assertions" unsupported by the record. The PCR court correctly found …
njcourts.gov
… contained in a police report as substantive evidence to support her claim of defendant's negligence. Without any … regarding the judge's reliance on Dolson, supra, to support her entry of judgment against defendant. We are …
njcourts.gov
… We are bound by the court's factual findings if they are "supported by adequate, substantial, credible evidence." … Silver, supra, 387 N.J. Super. at 126-28. Although the determination of the second prong may be "perfunctory and … to A.C., N.J.S.A. 2C:25-29a(2), substantiated the judge's determination that an FRO was necessary to prevent future acts …
njcourts.gov
… His conviction was affirmed on appeal. The underlying facts supporting his convictions are outlined in our per curiam … counsel. Having reviewed the record and the PCR judge's determinations, we discern no reason to disturb the court's determination to deny defendant's PCR petition and deny an …