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njcourts.gov
… of the resentencing hearing: In short, we find no basis to support aggravating factor one. The balance of defendant's … sentence based upon a fact not submitted to the jury for determination beyond a reasonable doubt violates a criminal …
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njcourts.gov
… record, we conclude that the trial court's decision was unsupported by the record and was inconsistent with … of proof is by clear and convincing evidence.). M.C. had a supportive family member ready to take him into her home and …
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njcourts.gov
… sentence was "unreasonable, misplaced and erroneous." In support of his argument that his parole revocation sentence … parole revocation sentence. In sum, we affirm the Board’s determination that appellant must serve the 1991 sentence …
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njcourts.gov
… a "certified mortgage securitization auditor" submitted in support of the motion. In that report, the auditor contended …
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njcourts.gov
… Mark Caldwell. Shaheed, No. A-2110-14, slip op. at 16. In support of his PCR petition, defendant had presented …
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njcourts.gov
… judge's factual findings unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … 78 N.J.Super. 154, 155 (App. Div. 1963)). However, "determinations about the applicability of OPRA and its … to testify . . . ." R. 1:6-6. In reviewing an OPRA determination, if the record below is incomplete, we are …
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njcourts.gov
… opinion. The factual findings by Judge Wells are supported by substantial credible evidence in the record, …
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njcourts.gov
… of his [or her] identity is essential to assure a fair determination of the issues." Because defendant did not … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … what he or she deems are the most effective arguments in support of their client's position. Id. at 516. We have …
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njcourts.gov
… those motions noted defendant had failed to properly support his factual allegations with competent …
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njcourts.gov
… jury subpoena is not a violation.” Ibid. The court found support for that holding through analogy to the inter-agency …
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njcourts.gov
… PER CURIAM The Court considers the Appellate Division’s determination that the six-year statute of limitations for … done so directly, not inferentially. Ibid. The court found support for that view in the legislative history of the 2012 …
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njcourts.gov
… with prejudice. anthony.siriannijr JK Signature In support of Plaintiff’s motion, Plaintiff’s Counsel …
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njcourts.gov
… requesting additional time to substitute the estate. In support of Plaintiff’s motion, Plaintiff’s Counsel …
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njcourts.gov
… requesting additional time to substitute the estate. In support of Plaintiff’s motion, Plaintiff’s Counsel …
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njcourts.gov
… Division. Plaintiff filed a motion for summary judgment supported by the certification of Lucas Jon 3 A-0544-16T1 …
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njcourts.gov
… Alnesa Mallory appeals from a May 31, 2016 final agency determination of the Civil Service Commission (Commission) … appeal, petitioner argues that the ALJ's findings were not supported by the evidence. Petitioner also contends the … L. Ed. 2d 245 (1980)). We give deference to an agency's determination unless the decision is arbitrary, capricious, or …
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njcourts.gov
… hearing only when he "has presented a prima facie [case] in support of [PCR]," meaning that a defendant must demonstrate … a prima facie case of ineffectiveness, but instead made unsupported bald assertions. Defendant is unable to meet the …
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njcourts.gov
… decision must be reversed because there was no evidence to support the value of the pendant, Judge Wilson's decision … (emphasis added).] Furthermore, we review the factual determinations made by a judge sitting as the trier of fact in … trial guided by the following deferential standard: Final determinations made by the trial court sitting in a non-jury …
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njcourts.gov
… "we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." …
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njcourts.gov
… did not "provide any case law or an iota of evidence" in support, suggesting their effort was "a misplaced attempt to …