-
njcourts.gov
… contends the record lacks sufficient credible evidence to support the findings that she was guilty of obstruction, … based on the record before him. However, the record clearly supports the guilty finding on both offenses. The judge … We are satisfied the trial judge's findings were supported by the sufficient credible evidence in the record. …
-
njcourts.gov
… of his choice. He asserts that the underlying facts that support his conflict of interest claim – that his attorney … AMENDS. VI, XIV. POINT VI THE PCR JUDGE ERRED IN HER DETERMINATION THAT THE PROSECUTOR DID NOT IMPLY THAT ONCE A … constraints. Absent the PCR court's threshold timeliness determination, we decline to reach the merits of defendant's …
-
njcourts.gov
… the trial court's decision so long as those findings are "supported by sufficient credible evidence in the record." … that "there was substantial credible evidence to support the findings of the motion judge that the . . . … infirm. In sum, we hold the judge's findings were supported by sufficient and credible evidence in the record …
-
njcourts.gov
… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … OPRA. See N.J.S.A. 47:1A-7(b). Although the agency's determination regarding the applicability of OPRA is a legal …
-
njcourts.gov
… further evaluation of the evidence to make an independent determination of value. The market approach (or using … elements of comparison”). Market evidence must support any element of comparison that causes “value … researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be …
-
njcourts.gov
… and was concerned about COVID-19 because his three teenage children were "go[ing] out in the world and having to live … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … unless [we are] convinced . . . they are so manifestly unsupported by or inconsistent with the competent, relevant …
-
njcourts.gov
… Sr. and Concetta Petrongolo, three of the decedents' children, Albert Petrongolo, Jr., Ronald Petrongolo, and … to articulate findings of fact and conclusions of law in support of the counsel fees awarded under Rule 1:7-4, we … the attorney services. We review a trial judge's legal determination permitting an award of attorney's fees de novo. …
-
njcourts.gov
… the back yard, nor did he argue that the affidavit in support of the search warrant to search the residence was … review, a trial court's factual findings in 9 A-0362-21 support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
-
njcourts.gov
… compelling" and noted his testimony was "bolstered" and "supported" by the medical records and reports moved into … (1998). We are bound by the trial court's findings "when supported by adequate, substantial, credible evidence." Id. … finding of one or more of the factors may not be enough to support the issuance of a TERPO." In re D.L.B., 468 N.J. …
-
njcourts.gov
… his guilty plea. She found the medical records submitted in support of the motion to withdraw the guilty plea were from … assigned counsel submitted an amended PCR petition and supporting documents on July 2, 2020. Defendant argued his … issues at the time of the plea hearing. The only evidence supporting a mental health diagnosis were medical records …
-
njcourts.gov
… a greater sentence when a lesser one is imposed. In his supporting brief, PCR counsel argued that trial counsel … mental health history, social history, disadvantaged childhood, and addiction problems during the sentencing … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
-
njcourts.gov
… not provide an affidavit or certification from an expert to support this proposed defense. Accordingly, the judge … sentences and did not present mitigating factors in support of a lower sentence. However, the sentencing … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
-
njcourts.gov
… same day that he submitted to a Superior Court Judge in support of a warrant to search Richardson's car. Fox also … information which Fox presented in his sworn affidavit in support of his application for a warrant to search … that are claimed to be untrue. These allegations should be supported by an offer of proof including reliable statements …
-
njcourts.gov
… sale. Defendant presented the following arguments in support of its 3 A-1079-18T2 motion to dismiss: plaintiff's … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … are: (1) to encourage the comprehensive and conclusive determination of a legal controversy; (2) to achieve party …
-
njcourts.gov
… of Education or not otherwise eligible for State support pursuant to N.J.S.A. 18A:7G-5(g). The State debt … of Education, or that are not otherwise eligible for State support pursuant to N.J.S.A. 18A:7G- 5(g). The Board's … of Education or not otherwise eligible for State support pursuant to N.J.S.A. 18A:7G-5(g). Accordingly, Judge …
-
njcourts.gov
… 3 A-0560-16T3 POINT I THE VERDICT IN THIS CASE WAS NOT SUPPORTED BY CREDIBLE EVIDENCE AND RESULTED FROM MISTAKE, … safety issues, and there was sufficient evidence to support the factual assumptions that formed the basis for … he mentioned a traumatic experience from his wife's childhood. It would have been clear to the jury that …
-
njcourts.gov
… of the evidence. To sustain it, it means the evidence that supports her claim, the evidence favoring the plaintiff, … plaintiff is entitled to a verdict. As long as the evidence supporting the claim weighs heavy in your minds, it is the … Lab'ys., 97 N.J. 429, 463 (1984). "A trial court's determination is 'not reversed [by an appellate court] unless …
-
njcourts.gov
… only where the defendant (1) alleges sufficient facts to support a claim of excusable neglect, and (2) demonstrates a … not certified as to his innocence. Furthermore, the record supports her conclusion that defendant offered no probative … evidence except post-hoc statements and bald assertions in support of his claim that his interest in avoiding …
-
njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … taken, so long as the circumstances, viewed objectively, support the police conduct." Id. at 28 (citing State v. … we conclude that the judge's factual findings are amply supported by the record and his legal conclusions are sound. …
-
njcourts.gov
… there is substantial credible evidence in the record to support them. N.J. Div. of Youth & Family Servs. v. E.P., … showed the opposite. At least one Council member did not support the Resolution because he did not have the … told the City Council he had only completed the supporting memorandum "last week" and then gave it to his …