-
njcourts.gov
… the scores should be lowered. The record does not support the trial court's reduction of the PSA score for new … after the May 4, 2019 PSA was issued. Nor does the record support the trial court's conclusion that releasing … to prevent new criminal activity. The record does not support the motion court's finding that reinstituting the …
-
njcourts.gov
… year time limitation. The judge rejected defendant's unsupported contention that "he was not provided with … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
-
njcourts.gov
… American Civil Liberties Union of New Jersey (Fox Rothschild LLP, attorneys; Jacob Schermerhorn Perskie, of counsel … Safety, 421 N.J. Super. 489, 497 (App. Div. 2011). "[D]eterminations about the applicability of OPRA and its … the sufficiency of the agency's proofs submitted in support of its claim for nondisclosure, "a court must be …
-
njcourts.gov
… police and had pointed his gun at one of the officers. In support of that defense, defendant's counsel asserted that … we agree with the merger argument. We review sentencing determinations under a deferential standard. State v. Grate, … of this case. We discern no abuse of discretion in that determination. We also discern no abuse of discretion in the …
-
njcourts.gov
… Code, Section 296-37, entitled "Repair of Sidewalks," in support of their argument. The Township's municipal code … accident regarding the sidewalk. Nothing in the record supports plaintiffs' claim that the Township knew about the … jury. Brown v. Brown, 86 N.J. 565, 580 (1981). However, a determination of palpable unreasonableness, "like any other …
-
njcourts.gov
… we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … giving due deference to trial counsel's trial strategy. To support his decision, the trial court cited State v. … any credible evidence as to any of the claims alleged in support of [his] application for ineffective assistance of …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … we discern substantial credible evidence in the record to support the judge's findings of fact and we agree with the … 550 (App. Div. 1996). "A range of governmental interests supports an inventory process," including deterring …
-
njcourts.gov
… further evaluation of the evidence to make an independent determination of value. The market approach (or using … elements of comparison”). Market evidence must support any element of comparison that causes “value … researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be …
-
njcourts.gov
… or was committed to acquire property or monies in order to support the person’s drug or alcohol dependency; and (4) … sentencing court, not the prosecutor, who makes the final determination regarding an applicant's eligibility for Drug … of the offense nor [defendant's] mental health history support the conclusion that [defendant's] participation in …
-
njcourts.gov
… of the permit[']s issuance." Judge Brennan found sufficient support in the record for the Board's determination that plaintiff knew of the issuance of 6 … Div. 1979)). The Board's "function is to make the factual determination as to when an appellant knew or should have …
-
njcourts.gov
… and I could see why it did not give [plaintiff] any support." 5 A-4925-17T2 Over the years, plaintiff had … years. He testified at his deposition that the posts that supported the handrails "go[] into the stairs." He explained … 242, 249 (1986)); accord R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as …
-
njcourts.gov
… liens MHI filed against LeClair's property pending the determination of MHI's authority to assess charges and fees … legal principles, we conclude that there is ample evidence supporting 10 A-4979-15T2 the trial court's findings of … entered after trial. We must defer to the judge's factual determinations, so long as they are supported by substantial …
-
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … that the trial court's decision constitutes a legal determination, we review it de novo." D'Agostino v. Maldonado, … that the probate court's judgment rests solely on its determination the deed is invalid. We disagree. We do not …
-
njcourts.gov
… asserts he satisfied the requirements of Rule 4:50-1 in support of vacating the July 2018 amended judgment. The … well-reasoned findings of fact and conclusions of law in support of their determinations. Defendant's arguments are addressed to the …
-
njcourts.gov
… on the testimony of Dr. Harris and Dr. Sahni was not supported by credible evidence, and that in light of A.C.'s … "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … "an appellate court should not modify a trial court's determination either to commit or release an individual unless …
-
njcourts.gov
… sentencing hearing. However, this contention lacks factual support in the record because the attorney obviously raised … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … in the record. The record also fully supports the judge's determination that the attorney effectively represented …
-
njcourts.gov
… "the [Board] was unable to complete its eligibility determination and the denial was appropriate." The final … On appeal, A.R. contends that DMAHS's decision was not supported by credible evidence because the Board never asked … delay resulted from one of the following: . . . . (2) A determination to afford the applicant, whose proof of …
-
njcourts.gov
… the State's motion was untimely; the decision lacked support of sufficient credible evidence in the record; and … (allocating burden and standard of proof). The court's determination that defendant poses a threat to the public … unearthed would have materially affected her credibility determinations, and resulting fact-findings. To the extent not …
-
njcourts.gov
… were not within her control, we reverse and remand for a determination of benefits for the week of December 23 through … did not submit any phone records or confirmation pages in support of her assertions. The deputy, in a determination mailed January 11, 2019, found Keeler ineligible …
-
njcourts.gov
… of the trial judge unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … therefore examine whether "there is substantial evidence in support of the trial judge's findings and conclusions." … the limits of credulity. The trial court's factual findings support its legal conclusion finding the agreement legally …