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… to trial." The judge concluded that the record did not support defendant's contention that trial counsel's error … in him taking a 'worse deal' by proceeding to trial are unsupported due to [defendant's] refusal to listen to his … arguments requested by the defendant that the record will support. If defendant insists upon the assertion of any …
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… itself. The motion to enter default judgment was also supported only by an attorney's certification that, a … it was served with a motion for entry 7 The certification supporting defendant's reconsideration motion asserted that … (1960). When a movant fails to present evidence that would support any of the first five subsections of Rule 4:50-1, …
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… ineligibility. We are convinced, however, that the record supports Judge Kazlau's finding that defendant was not … his maximum sentence exposure was not credible. The record supports the judge's findings. Defendant also argues that … file a PCR petition. The record supports the PCR court's determination that defendant had 16 A-3766-19 not been denied …
default
… has not provided an expert report from a financial expert supporting her allegations of negligence and breach of duty. … point to any published industry standard or expert support for such an obligation. Instead, plaintiff … or "special" relationship established that could support a legal duty to a non-customer and a cause of action …
default
… reasons expressed in the PCR judge's written opinion are supported by sufficient credible evidence in the record, we … we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … see Castagna, 187 N.J. at 314, we accept the PCR judge's determination that defendant failed to prove both prongs of …
default
… and was subsequently granted maternity leave and a childcare leave of absence, effective February 2 to June 30, … in the school district, finding that Bridgewater-Raritan supported the finding that Parsells did not waive any rights … to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
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… found that all the information included in the affidavit in support of the search warrant was lawfully obtained. The … findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … four feet wide and three feet deep. All those findings are supported by substantial credible evidence in the record. …
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… not greater than the amount of such excess on application supported by affidavit of services. In no case shall the fee … these circumstances, we find no error in the judge's fee determination. [Id. at 370.] The court commented on First … Super. 68 (App. Div. 2003), noting the case "might seem to support the lender's quest for contractual fees." Regency …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … has the burden to prove 'that there was no probable cause supporting the issuance of the warrant or that the search … Defendant's prior convictions were numerous and fully supported the sentence imposed. We find no reason to disturb …
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… a jury. During the sentencing hearing, the State argued in support of its application for a discretionary extended … high-crime area. We are satisfied that the trial court's determination that the house was "an abandoned structure" is … that the court applied the wrong standard in making its determination. Furthermore, the court also found the bag was …
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… se submission, defendant presented numerous arguments in support of his claim that trial counsel was ineffective. The … to testify, to consult or retain a handwriting expert to support a claim that he did not write the letter, and to … to the defense. 15 A-2916-18T4 Defendant also provided in support of his PCR petition a report from a handwriting …
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… witnesses. Judge DeLuca made detailed credibility determinations as to each witness and reviewed the written … agreement. On appeal, plaintiffs challenge the judge's determination that the parties had an enforceable oral … the parent company of MFC; and the facts did not support a finding that the parties agreed to all material …
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… is entitled to a charge on all lesser included offenses supported by the evidence." State v. Short, 131 N.J. 47, 53 … and others from violating the law. Those findings were supported by credible evidence. The court also found … history. Finally, defendant has presented nothing to support her arguments that her sentence was excessive as …
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… and M.N. and K.C., part-time caretakers for the parties' children. See N.J.S.A. 2C:25-29(b)(7) (authorizing restraint … this five-month period, allegedly because the nanny and the children allowed or invited him into the house. The parties … S COMPLAINT FOR A FINAL RESTRAINING ORDER WAS “MANIFESTLY UNSUPPORTED BY OR INCONSISTENT WITH THE COMPETENT, RELEVANT …
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… respondents purchased the Cispharma shares. The record supports the judge's conclusion that the Purchase Agreement … However, appellants did not provide sufficient factual support for the claim that respondents breached this … Agreement and Cispharma's shareholder agreement. In support of this allegation, appellants cite claims Desai …
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… for appellants (Gary F. Piserchia, on the brief). Fox Rothschild, LLP, attorneys for respondents (Eric Wood, on the … evidence, defendant made arguments to the jury that were unsupported by the evidence, and defense counsel made improper … reasonable minds might accept the evidence as adequate to support the jury verdict." Dolson v. Anastasia, 55 N.J. 2, 6 …
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… were not required under Medicaid regulations for a determination of Medicaid eligibility; (2) the CWA's ten-month … ordinarily should not disturb an administrative agency's determinations or 7 A-0433-19 findings unless there is a clear … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." Ibid. A presumption of …
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… facts that you receive. It's up to you to make that final determination. You are the final arbiter of the facts and the … (quoting Papasavvas, 163 N.J. at 625). In making this determination, we consider several factors, including whether … aggravating factors found by the trial court were properly supported by competent evidence in the record. Instead, he …
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… to obtain his parent's permission for the interrogation. As support for this claim, he cites both his mother's entry … found to be credible and reliable were sufficient to support his findings and are entitled to our deference on … murder. The judge—in accordance with the Grey Court's determination that "[t]he felony murder charge required that …
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… We defer to a trial court's factual findings when they are "supported by adequate, substantial and credible evidence." … hear them testify. Ibid. Only when "they are so wholly insupportable as to result in a denial of justice," should we … should accept a trial court's findings of fact that are supported by substantial credible evidence."). Deference is …