-
njcourts.gov
… trial counsel's failure to investigate the claim was not supported by specified competent evidence that "would have … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
-
njcourts.gov
… is to be divided by two. The Board posited there was no support for plaintiff's argument that the ordinance intended … of the block" is unreasonable, 12 A-2220-21 improper and unsupported by sound planning principles; and (4) … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, …
-
njcourts.gov
… only [for a] de minimis traffic violation, which could not support [the] stop because [the] stop was clearly pretextual … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … 398 (2022). However, we are not bound by a trial court's determination of a strictly legal question. See State v. …
-
njcourts.gov
… with his cousin . . . to pick up [his cousin's] two young children at the home of the children's father, Benjamin … neither submitted a sworn certification nor an affidavit in support of his PCR petition. Based on defendant's unsworn … an evidentiary hearing, we review its legal and factual determinations de novo.'" State v. Vanness, 474 N.J. Super. …
-
A-79-24 - Amici Curiae Brief IFPTE Local 195
Briefs
njcourts.gov
… Attorneys for IFPTE Local 195 EAST ORANGE EDUCATIONAL SUPPORT PROFESSIONALS’ ASSOCIATION AND EAST ORANGE … of the N.J.S.A. 18A:7F-9. Because it never supported its determination to reverse the Chancery Division and vacate the … bring the same experience and competence to bear upon the determination of a grievance, because he cannot be similarly …
-
njcourts.gov
… in May 2013. J.W. resided in Audubon with his wife and two children. J.W.'s brother, M.W., also resided in Audubon with … found Dr. LoPreto's "testimony to be more persuasive and supported by the facts and the records in this case." … 29, 48 (2008). 14 A-0249-24 II. Our review of an agency determination is limited. Russo v. Bd. of Trs., PFRS, 206 N.J. …
njcourts.gov
… in the amount of $15,715.43 based on a fee arbitration determination (fee award) of the District XIII Fee Arbitration … an order denying plaintiff's application for an OTSC supported by an oral opinion and a brief written statement … jurisdiction to review a fee arbitration committee determination. It has long been established that the Law …
njcourts.gov
… our review of the record, we find the judge's decision is supported by substantial credible evidence and is consistent … efforts to mitigate damages. II. In reviewing a judge's determination whether to pierce the corporate veil, we are … bound by the judge's factual findings so long as they are supported by substantial credible evidence. See Marioni v. …
njcourts.gov
… was entered, defendant moved to vacate the default. In her supporting certification, defendant stated that beginning in … presence of a meritorious defense worthy of a judicial determination." Judge Hansbury turned to defendant's 5 … review warrants substantial deference to a trial court's determination on a motion to vacate a default or a default …
njcourts.gov
… denied. The judge's opinion aligned with the chief's determination 7 Appellant's brief incorrectly states that the … bound to accept the trial court's fact findings if they are supported by substantial credible evidence. In re Return of … N.J. Super. 524, 535 (App. Div. 2004). In reviewing such determinations, we accept the trial court's fact findings so …
njcourts.gov
… The petition must allege specific facts sufficient to support a prima facie claim. Ibid. It must also present such … only when a defendant establishes a prima facie case in support of PCR; the court determines 6 A-3153-20 there are … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
njcourts.gov
… of the judgment and for recusal of the motion judge. In support of his recusal motion, defendant argued the judge … was required to file a statement of undisputed facts in support of its motion for summary judgment in accordance … Div. 1970). The mere suggestion of bias is insufficient to support a Rule 1:12-2 motion—the cause of disqualification …
njcourts.gov
… counsel that it reviewed defendant's application and supporting documents for admission but decided it would not … to provide extraordinary and compelling circumstances in support of admission into the PTI program, the Prosecutor's … we cannot second-guess the Prosecutor's Office in its determination to give certain factors certain weight. Here, …
njcourts.gov
… but his testimony does not figure in the trial court's determination or ours , because it pertained to a violation … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … Johnson, 42 N.J. at 162). However, our review of legal determinations is plenary. See State v. Kuropchak, 221 N.J. …
njcourts.gov
… ineffective assistance from his assigned trial counsel. In support of this contention, he certified 1) counsel … deference to a PCR court's factual findings when they are supported by sufficient credible evidence. Ibid.; State v. … or certification of [the alibi witness] that would support [his] alibi."). The court denied an evidentiary …
njcourts.gov
… plaintiff "failed to cite any evidence in the record to support his conclusion beyond simply" there was a hole in … Finally, the motion judge highlighted the only evidence in support of plaintiff's opposition were the photographs … the judge's analysis regarding the photographs submitted in support of the motion. On May 16, 2022, the motion judge …
njcourts.gov
… the findings of a trial court "are binding on appeal when supported by adequate, substantial, credible evidence." … and "[c]ommon sense and experience may inform that determination." State v. Hoffman, 149 N.J. 564, 577 (1997). It … of harassment. Ibid. The trial court here made the very determinations lacking in N.B., rendering N.B. inapposite and …
njcourts.gov
… -35. Because the trial judge made appropriate credibility determinations, his factual findings are supported by substantial credible evidence, and those facts … We defer to the judge's factual findings and credibility determinations in a bench trial. Having reviewed the record, …
njcourts.gov
… parties' testimony and evidence, and making credibility determinations, the trial court entered an FRO, finding … was not satisfied because there was no evidence to support the allegation. In reaching its findings, the court … to the PDVA, a trial court must make two distinct determinations. Silver, 387 N.J. Super. at 125-27. First, the …
njcourts.gov
… derive the following facts from the evidence submitted in support of, and opposition to, the summary judgment motion, … POINT II: THE OPINION OF THE NO-FAULT ARBITRATOR WAS NOT SUPPORTED BY THE [C]ASE UPON WHICH HE RELIED, AND THE JUDGE … . . . [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …