njcourts.gov
… was Hassler who remembered the correct number. The record supports Hassler's identification as reliable. Nothing in the record supports the suggestion that Hassler himself could have been … guidelines. The aggravating and mitigating factors were supported by credible and competent evidence in the record, …
njcourts.gov
… the juror. The judge's decision not to excuse for cause is supported by the record. Her initial question was whether … on the witness's perception which can assist the jury's determination of a fact in issue. Eugene's testimony fell … with regard to the pointing offense. The claim is not supported by the record. By way of context, the judge …
njcourts.gov
… TO MAKE ANY FINDINGS OF FACT OR CONCLUSIONS OF LAW IN SUPPORT OF ITS ORDER DENYING . . . DEFENDANT'S [RULE] … hearing, pursuant to Rule 3:22-10(b), together with a supporting affidavit, supplemental certification, and brief, … imposing the consecutive sentence even though they may have supported such a sentence. Recognizing that "there can be no …
njcourts.gov
… We agree. As such, although we affirm the PCR judge's determination there were no Brady violations, we are … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … to the jury." Ways, 180 N.J. at 191. The record does not support the PCR judge's finding defendant had prior …
njcourts.gov
… and PCR counsel filed an affidavit of defendant in support of the petition, arguing that defendant had been … sentence and that defendant failed to provide any factual support for any of his allegations. The judge entered an … defer to the motion judge's findings so long as they are "supported by sufficient credible evidence in the record." …
njcourts.gov
… not prevented from presenting any evidence or arguments in support of her position. See also Sheild v. Welch, 4 N.J. … result in a "pattern of conduct or incidents" that would support application of the doctrine. Id. at 563. 11 … or any reasonable inference to be drawn therefrom, does not support the conclusion that grapes were given out on the day …
default
… . . . . [N.J.S.A. 47:1A-10 (emphasis added).] This further supports our view that "citizen," as used in N.J.S.A. … as a restrictive term. The purpose and history of OPRA support our construction. OPRA embodies "the State's policy … Bill No. 2003, which was adopted as OPRA, also lends some support for that view, because the Statement referred to …
default
… Initially, the parties executed the Performance Assurance Support Services Agreement (PASS Agreement), requiring the … [have been] withheld.'" The trial judge found additional support for his conclusion in the governing law provision of … the arbitration provision, standing alone, might support Schneider's argument that it is mandatory because …
default
… administration of court rules, resulting in an unjust determination and the needless expenditure and delay caused by … Experts Reports Pursuant to Rule 4:23-5(3)(b) [sic]." They supported the motion with a certification from their … the Court Rules "shall be construed to secure a just determination, simplicity in procedure, fairness in …
default
… discovered evidence obtained in the civil trial, which supported defendant's assert ion that he was not guilty of … Harrison's innocence, nothing on the record in this case supports a conclusion that he is innocent of the charge. 8 … elements of an offense." Id. at 404. If a factual basis to support the guilty plea has not been provided, the "analysis …
default
… judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … Third, an arrest requires "probable cause and generally is supported by an arrest warrant or by demonstration of … have no reason to disturb the judge's findings, which are supported by the credible evidence in this record. The …
njcourts.gov
… that effect; however, he could not provide any evidence to support his assertion. He did not recall telling … PCR court concluded defendant "pointed to no evidence to support a conclusion that the court would have accepted the … The judge set forth her factual findings and credibility determinations in substantial detail and incorporated these …
default
… (2019)). "If 3 A-3871-19 the complaint states no claim that supports relief, and discovery will not give rise to such a … in Newark owned by Jabez. In its complaint, MTAG sought a determination of the amount due on its tax sale certificate, a … of their own inaction." Appeal of Twp. of Monroe from Determination of Loc. Fin. Bd., 289 N.J. Super. 138, 147 (App. …
njcourts.gov
… by a "supplemental certification" from defendant in support of his petition, asserting ineffective assistance of … contained in his original pro se petition and any other supporting arguments submitted to the court." The State … FOR A JUDGMENT OF ACQUITTAL AND THAT THE VERDICT WAS NOT SUPPORTED BY THE EVIDENCE. 10 A-3597-22 POINT TWO THIS …
njcourts.gov
… We affirm because the petition was untimely and otherwise unsupported. I. The facts underlying defendant's convictions … "'good cause' for the assignment of counsel," but those determinations "d[id] not cure the untimely filing." The judge … PCR judge's finding, the first PCR judge made no such determination. Moreover, under Rule 3:22-6(b), "good cause" …
njcourts.gov
… COMMENTS DURING THE PROSECUTOR'S CLOSING WHICH WERE NOT SUPPORTED BY THE RECORD AND WERE USED TO ESTABLISH MOTIVE … only if the defendant makes a prima facie showing in support of the requested relief, State v. Preciose, 129 N.J. … evidentiary hearing, we review [their] legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… In July 2020, defendant filed a pro se petition for PCR supported by a counselled brief. Defendant contended trial … the trial court stated it did "not have any evidence to support a finding that defendant was insane, or that he … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… a cell in the county jail on March 16 and 17, 1997. In support of his ineffective assistance of counsel claim, … an evidentiary hearing," we "review its legal and factual determinations de novo." Ibid. (quoting State v. Aburoumi, 464 … to prove or disprove [a] fact of consequence to the determination of the action." Ibid. (second alteration in …
njcourts.gov
… that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … abuse—lacks adequate, substantial, or credible evidence to support this finding, adding the testifying officer did not … that Gwen informed him of Neil's history of drug use, supported a factor seven finding. Moreover, Neil himself …
njcourts.gov
… the jury that convictions on these lesser offenses will not support a conviction of aggravated sexual assault in the … defendant of the lesser offense of trespass, that would not support a conviction of aggravated sexual assault in the … the jury that convictions on these lesser offenses will not support a conviction of aggravated sexual assault in the …