-
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
… In re Stallworth, 208 N.J. 182, 194 (2011). The agency's determination carries a presumption of correctness, and the … 384, 390-91 (1983). "If the Board's factual findings are supported by 'sufficient credible evidence, [we] are … convinces us that we have no cause to disturb the Board's determination that Aydelotte is 6 A-1108-18T1 disqualified …
-
njcourts.gov
… v. Mitchell, 422 N.J. Super. 214, 225 (App. Div. 2011). In support of its motion to strike defendant's answer, … is sufficient credible, competent evidence in the record to support the trial court's determination that plaintiff had standing to foreclose in this …
-
njcourts.gov
… On May 21, 2018, the full Board affirmed the panel's determination to deny parole and impose a thirty-six-month … substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to … parole and the imposition of a thirty-six-month FET was supported by sufficient credible evidence in the record and …
-
njcourts.gov
… on the time bar issue in the presence of defendant." In support of his second point, defendant contends that because … of the petition, "the PCR court did not have a record to support its ruling that defendant failed to establish … Ibid. Significantly, "when the trial judge does reach the determination that the arguments presented in the papers do …
-
njcourts.gov
… (2005). Bare conclusions in the pleadings without factual support in affidavits will not defeat an application for … v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). In support of its motion for summary judgment, plaintiff cited … of action to file the [c]omplaint." We review a judge's determination on a motion to dismiss de novo. Castello v. …
-
njcourts.gov
… she] must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the … Div. 1999)). Here, all of the purported factual allegations supporting defendant's claim, that trial counsel's …
-
njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). The agency's determination carries a presumption of correctness, and the … 390-91, 397 (1983). "If the Board's factual findings are supported by 'sufficient credible evidence, [we] are … convinces us that we have no cause to disturb the Board's determination that Kumor is disqualified from receiving …
-
njcourts.gov
… that plea counsel pressured him into pleading guilty. In support of his petition, defendant stated that he might be … his ability to participate in a deferred action for childhood arrivals (DACA) 2012 program. Defendant … only when he or she "has presented a prima facie [case] in support of [PCR,]" meaning that "the defendant must …
-
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
… 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
… 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 …
-
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
… 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 …