njcourts.gov
… a thorough oral decision. Because Tucker plainly does not support defendant's position, we affirm Judge Polansky's determination substantially for the reasons expressed in his … did not mention this decision in the brief he submitted in support of the suppression motion, or during oral argument …
default
… limited and highly deferential. If the agency decision is supported by sufficient credible evidence in the record and … re Warren, 117 N.J. 295, 296 (1989)). In making our determination, we must examine: "(1) whether the agency's … conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; …
njcourts.gov
… a PCR "petition itself must allege the facts relied on to support the claim"); State v. Cann, 342 N.J. Super. 93, … claim excusable neglect, or allege the facts relied on to support that claim."), certif. denied, 170 N.J. 208 (2001). … 105 N.J. 42, 58 (1987) (adopting Strickland standard for determination of PCR petitions alleging ineffective assistance …
njcourts.gov
… of only those mitigating factors for which there is ample support in the record). Defendant thereafter filed a timely … assistance of counsel. In a supplemental brief in support of the petition, PCR counsel argued the court … that claim as well. Defendant has not appealed from that determination. 6 A-3983-14T3 not "illegal" was not subject to …
njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … the information provided to the police was not adequate to support the issuance of a search warrant. Ibid. However, we … including those concerning credibility, because they "are supported by sufficient credible evidence in the record." …
njcourts.gov
… 366, 378 (1995). Applying this standard, the record amply supports the summary judgment order. The judge concluded the … concerning all of defendants' contentions are fully supported by the record and, in light of those facts, her … or "matters of great public interest" such as to support a finding that the interest of justice compels our …
njcourts.gov
… his custodial statement. There is nothing in the record supporting a finding defendant's decision to speak to police … of matters previously adjudicated), but also, the record supports the voluntariness of defendant's statements, making … failures, and none of these accusations are explained or supported. The PCR judge identified record citations that …
njcourts.gov
… condition, and the court therefore erred in its initial determination that expert testimony was required. The court … or construction defect, without some form of evidentiary support, will not defeat a meritorious motion for summary … allegation the step-down is approximately twelve inches is supported by the photograph that was considered by the …
njcourts.gov
… N.J. 295, 303-04 (2012). "'[A]ppellate review of legal determinations is plenary.'" Id. at 304 (quoting State v. … drug or alcohol addiction made by a qualified expert in support of his motion. He also failed to 7 A-5646-14T4 … filed pursuant to [Rule 3:21-10(b)] shall be accompanied by supporting affidavits and such other documents and papers as …
njcourts.gov
… and other challenges to the Board's approval, which determinations plaintiff now appeals. We affirm, substantially … the church to use the parking lot as a "staging" area where children attending the daycare center could be dropped off … required; Grana failed to present the proofs necessary to support the required variance relief; the church property …
njcourts.gov
… derive the following facts from the evidence submitted in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … and remanded the case for a more-detailed factual determination of the use of the property and the nature of the …
njcourts.gov
… fellow inmate Vincent Heredia. Defendant and Heredia were childhood friends and it was alleged defendant picked up … such a verdict, a reviewing court must respect a jury's determination." State v. Afanador, 134 N.J. 162, 178 (1993). … aggravating and mitigating factors conflict and not supported by the record. As long as the sentence is based on …
njcourts.gov
… to PCR that cannot be resolved based on the existing record supported by "specific facts 8 A-2007-16T4 and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … eight years later on September 16, 2015. The record amply supports Judge Blaney's conclusion that defendant has not …
njcourts.gov
… that he committed "a" predicate offense was not adequate to support his convictions under both N.J.S.A. 2C:39-7(a) … an unjust result" about this. See R. 2:10-2. The record supports that defendant agreed to the stipulation that he … We see no error in the application of this stipulation to support defendant's conviction under both statutes. Indeed, …
njcourts.gov
… PCR petition if he or she establishes a prima facie case in support of the petition. R. 3:22-10(b). To establish a claim … 42, 58-59 (1987). Defendant has presented no evidence in support of his contention that his trial counsel ignored his … has simply presented bald assertions, without factual support. Such unsupported assertions do not establish a …
njcourts.gov
… On appeal, Thomas argues: 1) the Board's findings are not supported by substantial credible evidence; and 2) the Board … from a final agency decision is deferential. An agency determination should not be reversed "unless it is arbitrary, … and hear the testifying witnesses to render credibility determinations. State v. Locurto, 157 N.J. 463, 471 (1999). …
default
… we agree the judge didn't provide adequate findings to support the counsel-fee award, and we remand only for that … media, except for text or e-mail for the welfare of the children only." 3 A-3135-16T4 Thereafter – according to … standards, we have no cause to intervene in the judge's determination that Carol was credible, that Clifford was not, …
default
… (Board) decisions dismissing her appeal. A June 14, 2016 determination found that she was ineligible for unemployment … inability to fully understand the June 14, 2016 determination sent to her, based on her limited English … 95 N.J. 235, 245 (1984). "If substantial credible evidence supports an agency's conclusion, a court may not substitute …
njcourts.gov
… hoodie. Based on his nineteen years of experience and his determination that the driver of the Pontiac fit the … not disturb the trial court's decision so long as it is "supported by sufficient credible evidence" and not "so … the anonymous tip, and therefore, it was insufficient to support a warrantless stop of his car. The United States and …
njcourts.gov
… evidence – derived from a motor vehicle stop – to support a NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … motion to suppress, arguing: (1) the circumstances did not support employment of the community caretaker exception; and … supra, 296 N.J. Super. at 572. This function "finds support in the premise that abnormal operation of a motor …