njcourts.gov
… in certain circumstances.) 3 A-3848-21 investigation in support of filing a new indictment against defendant. On the … is allowed to access and utilize their prosecutor file to support the filing of a new indictment should they choose to …
default
… motion judge failed to provide the findings and reasoning supporting her decision, see R. 1:7-4(a), we vacate the … must demonstrate some [thing more than a nominal] level of support from charitable donations and/or trust funds as it … insignificant to have any effect on the charitable-status determination." 351 N.J. Super. at 288. Rule 1:7-4(a) clearly …
default
… only upon the establishment of a 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 …
default
… Bank moved for entry of final judgment in March 2018. In support of that motion, which defendant did not oppose, … striking her answer, nor do we have plaintiff's motion or supporting documents. We are thus unable to ascertain on …
default
… there is 'substantial, credible evidence to 4 A-1121-16T4 support the court's findings.'" Zaman v. Felton, 219 N.J. … 241 (App. Div. 2000)). Judge Brenner's factual findings are supported by the testimonial evidence presented by the …
default
… instead upon speculation. Mere speculation, however, cannot support a 5 A-0076-17T2 cause of action or prevent the entry … this principle). The elements of negligence must be supported by competent proof and cannot be presumed from the …
default
… is narrow; we will defer to a trial judge's findings when supported by evidence in the record, "give utmost deference … Instead, we conclude that all the judge's findings are supported by testimony he was entitled to credit, that these …
default
… 229, 234-35 (1973). Defendants' remaining arguments are not supported by the record1 and are without sufficient merit to … defendants' purported citations to the record either do not support their factual assertions or are references to the …
default
… also in the package. An adjudication of guilt must be supported by substantial evidence. McDonald v. Pinchak, 139 … were extended to LeCompte, the agency decision was supported by the record, and the DOC's decision was not …
default
… trial, we defer to a trial judge's factual findings, if "supported by adequate, substantial and credible evidence." … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Further, "particular deference" attaches to credibility determinations, RAB Performance Recoveries, LLC v. George, 419 …
default
… a reduction in alimony were insubstantial or simply lacked support. For example, the judge pointed out that Michael … The judge quite correctly found this testimony could not support the claim of changed circumstances because the $800 … explaining why he found unworthy of belief Michael's unsupported claim that his repair business had declined …
default
… CLAIMS FOR WHICH HE ESTABLISHED A PRIMA FACIE CASE IN SUPPORT OF THE INEFFECTIVE ASSISTANCE OF COUNSEL. We … hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
njcourts.gov
… the absence of DNA evidence to attack the State's case. In support of defendant's PCR petition, his PCR counsel … by the PCR judge. We add these comments. The trial record supports a conclusion that trial counsel refrained from …
njcourts.gov
… [we] would come to the same conclusion if the original determination was [ours] to make, but rather whether the … 79 (App. Div. 1985)). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are obliged … Co., 54 N.J. 113, 117 (1969)). We overturn an agency determination only if it is arbitrary, capricious, …
njcourts.gov
… is unconstitutionally denying him access to the courts. In support of his argument, he cites Feeley v. Sampson, 570 … (explaining the need for legally competent evidence to support a PCR petition) (quoting State v. Cummings, 321 N.J. …
njcourts.gov
… affirm the Board's decision unless it was unreasonable, unsupported by credible evidence in the record, or contrary to … "broad but not unlimited discretionary powers," and its determinations are "judicially reviewable for arbitrariness." … the Board denied parole for numerous other reasons amply supported by the record. The Board denied Ries parole …
njcourts.gov
… and obstruction charges. We disagreed, finding "ample support" in the record for the Law Division judge's … affirming the conviction for simple assault as it was not supported by the record. The Supreme Court only remanded for …
njcourts.gov
… POINT III: THE LACK OF FOUNDATIONAL DOCUMENTATION SUPPORTING THE ALLEGED CONTROLLED BUY, AND CONFLICTING … We also conclude there was sufficient credible evidence to support Judge Reed's findings that no strip search occurred, …
njcourts.gov
… a written opinion. R. 2:11- 3(e)(1)(D). There is abundant support in the record for a conclusion that there is "a … the presumptive twenty- month FET imposed by the Board is supported by the record and is neither arbitrary or …
njcourts.gov
… petition. After counsel was assigned, a brief was filed in support of the petition. Defendant filed a pro se … FAILED TO INVESTIGATE AND CALL RELEVANT WITNESSES TO SUPPORT THE DEFENSE RESULTING IN INEFFECTIVE ASSISTANCE OF …