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
… 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
… 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
… 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
… 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
… 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
… 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
… 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
… 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 …
default
… 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 …
default
… by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … particular deference to the trial judge's credibility determinations. See In re Return of Weapons to J.W.D., 149 … Giving deference to the trial judge's credibility determinations with respect to the 6 A-5540-16T1 testimony of …
default
… 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 …
default
… with her work conditions, she offered no specifics to support her complaints, at times failing to provide even … to the bulk of her claims, the Appeal Tribunal's action was supported by the record—or the absence of evidence in the …
default
… and mitigating factors, determine which factors are supported by a preponderance of evidence, balance the … 182 N.J. 494, 504 (2005). "In short, mitigating factors 'supported by credible evidence' are required to 'be part of … ultimate findings or resultant sentence. In light of this determination, we need only briefly comment upon defendant's …
njcourts.gov
… 4 A-1210-19T1 In our earlier opinion, we explained the determinations a trial court must make before admitting the … such statements, a "trial court must make a preliminary determination of whether there is independent proof of the … comprehensive oral decision. We find that the decision was supported by other overwhelming evidence of defendant's …