njcourts.gov
… at her home, he had no parenting time scheduled with the children and there was "no reason why he should be showing … and "[c]ommon sense and experience may inform that determination."). Specifically, Judge Burke found defendant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible 6 A-5378-18T2 …
njcourts.gov
… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … judge would not recommend him to ISP. Defendant merely supports his petition for PCR with "bald assertions," …
njcourts.gov
… have testified had he known of sanitization, is factually unsupported and legally unavailing. The record shows the … defendant's use of "certain psychotropic medication[s]." In support of his petition, defendant certified: I had informed … and presented a defense of diminished capacity. In her determination of this argument, Judge DiFabrizio found the …
njcourts.gov
… program (PTI) because the State did not provide objections supporting its opposition to his admission. We affirm … jury. [R. 3:28(h) (emphasis added).] We discern no legal support for defendant's challenge of Judge Taylor's order. …
njcourts.gov
… speculative"). Therefore, a defendant must present facts "supported by affidavits or certifications based upon the … 321 N.J. Super. at 170. Here, defendant's petition was unsupported by cognizable evidence, except the pro se petition … to plead guilty. No further information was provided in support of this claim. After this argument was abandoned, …
njcourts.gov
… appears to claim that his factual basis was insufficient to support the first-degree charge and the attendant NERA … were not subject to NERA restrictions." As there is no support in the record for defendant's apparent disparate …
njcourts.gov
… time of impact. Plaintiff countered the record "at least" supported a comparative negligence theory. Plaintiff also … THAT SUFFICIENT EVIDENCE EXISTS IN THE RECORD THAT SUPPORTS A DENIAL OF THE SUMMARY JUDGMENT MOTION BECAUSE, …
njcourts.gov
… the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" … improperly ordered defendants out of their vehicle is fully supported by the facts in the record. Therefore, her legal …
njcourts.gov
… an indictment"). Nor does he present any authority to support his argument that the State should have informed the … trial court's decision, provided that those findings are supported by sufficient credible evidence in the record." …
njcourts.gov
… there is sufficient credible evidence in the record to support the Law Division judge's findings." State v. Powers, … arguments are based on bald assertions without evidential support in the record, and otherwise lack substantive merit …
default
… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there 2 Matthews was … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … record and find no basis on which to reverse the Board's determination. There is no doubt that Matthews provided …
default
… addition, the judge found defendant offered no evidence to support his claim the late filing was the result of … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
default
… We affirm. Plaintiff and defendant are married and have no children together. On May 8, 2020, plaintiff called her … A judge's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." Id. … 3 Defendant contends that because the parties have no children and are planning to get divorced, they no longer …
default
… but was five years. The judge concluded the record did not support defendant's claim that "he was promised … plea hearing record and the absence of any certification supporting defendant's contention, the judge determined …
default
… Defendant avers the trial court's decision is not supported by adequate, credible evidence. Defendant further … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence … court's truncated oral decision the rationale for its determination to grant the FRO. The court failed to address …
default
… should accept a trial court's findings of fact that are supported by substantial credible evidence.'" In re … domestic violence complaints when making his or her determination. F.M., 225 N.J. at 510–11; see also Z.L., 440 … however, the importance of the judge's credibility determinations. For example, the judge rejected Alvarado's …
default
… COVID-19. Defendant did not supply any medical records to support her application. On June 17, 2020, without … become infected. Without supplying any medical records or a supporting certification from a physician, defendant simply …
default
… a court should not 'engage in a strained construction to support the imposition of liability' or write a better … a court should not engage in a strained construction to support the imposition of liability." Flomerfelt v. …
default
… and contaminated. However, defendant offered no further support for this bald allegation and Judge Venable rejected … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
default
… is sufficient credible evidence present in the record to support the findings of the Law Division judge, not the … not establish a violation of the charged ordinance. Our determination renders it unnecessary to address defendant's … permit" or any other documentary proof that would have supported defendant's claim of ownership. Our decision also …