-
njcourts.gov
… ALJ also found the legislative history of N.J.S.A. 53:5A-6 supported the Board's position, noting the 1997 amendment … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Richardson v. Bd. … is eroded by subsection (b). Ibid. Central to that determination was the fact that the creditable service at …
-
njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … the videotape to verify that the judge's findings were supported by sufficient evidence in the record. State v. … has been overborne and his [or her] capacity for self-determination critically impaired.'" State v. P.Z., 152 N.J. …
-
njcourts.gov
… assistance of his trial counsel. I. We set forth the facts supporting defendant's convictions in our decision on his … v. Fisher, 156 N.J. 494, 501 (1998). The showing must be supported by more than bald assertions. See State v. … 1999). A defendant must allege specific facts sufficient to support a prima facie claim trial counsel's performance was …
-
njcourts.gov
… record. Anita died testate on February 5, 2019. She had two children, Steven and Jeffrey. Her last will and testament, … including production of his mother's prior wills, to support his undue influence claim, and a plenary hearing. He … sufficient reasons for the award. When authorized, "fee determinations by trial courts will be disturbed only on the …
-
njcourts.gov
… (3) there is an absence of substantial evidence to support the agency's findings; and (4) in applying the … 52:14B-4(a)(4). Responses must be meaningful, reasoned and supported. See Animal Prot. League of N.J. v. N.J. Dep't of … 10 ("[d]isagreement with a reasoned, supported agency determination does not give rise to an APA violation"), …
-
njcourts.gov
… Committed the Burglaries, and Because this Theory was Supported by the Record, the Court Erred in Denying the … CHARGE THE LESSER- INCLUDED OFFENSE OF CRIMINAL TRESPASS, SUPPORTED BY THE EVIDENCE AT TRIAL, REQUIRES REVERSAL. (Not … that his sentence was excessive. Our review of sentencing determinations is limited, and is governed by the "clear abuse …
-
njcourts.gov
… because he was already a suspect in an unrelated crime. In support, defendant offers the street sign Ruiz used to … the credibility of Ruiz and Officer Martina. No facts support the jury ignored this evidence. Rather, … we apply a deferential standard when reviewing sentencing determinations and should not substitute our judgment for the …
-
njcourts.gov
… A QUALITATIVE WEIGHING OF THE RELEVANT FACTORS DOES NOT SUPPORT SUCH A SENTENCE. ADDITIONALLY, THE COURT ERRED IN … gun. Defendant argues in Point I that the record did not support the judge's factual findings that the warrantless … so long as sufficient credible evidence in the record supports those findings." Ibid. (citation omitted). "Those …
-
njcourts.gov
… requested that plaintiff produce the Trustee Memo and its supporting documents in December 2011, March 2012, and … unredacted copy of [the Trustee Memo] along with all supporting documentation," and "all communications between … any actual argument" and he failed to "cite to any law in support of his opposition." According to defendants, after …
-
njcourts.gov
… insufficiency of the State's proofs of operation. That determination makes it unnecessary for us to reach the speedy … I CONTRARY TO THE STATE'S ARGUMENT, THE EVIDENCE DID NOT SUPPORT AND THE LOWER COURTS DID NOT 6 A-2986-15T2 FIND THAT … sufficient credible evidence in the record to support the determination of guilt. Johnson, supra, 42 N.J. at 162. When …
-
njcourts.gov
… not complied with the court's December 4, 2013 order. In a supporting certification, counsel for the Horsburgh … pursuant to Rule 4:23-5(a)(2) and Rule 4:23-2. In a supporting certification, counsel for the Horsburgh … record to support the judge's factual findings and his determination that dismissal of the complaint was warranted …
-
njcourts.gov
… search and must "prove 'that there was no probable cause supporting the issuance of the warrant or that the search … to pay substantial deference to the [issuing] judge's determination." State v. Dispoto, 383 N.J. Super. 205, 216 … N.J. 14, 20-21 (2009). The issuing judge's probable cause determination "must be made based on the information contained …
-
njcourts.gov
… N.J. Super. 34, 37 (App. Div. 1952). "A certification will support the grant of summary judgment only if the material … to respond to plaintiff's statement of undisputed facts in support of its motion for summary judgment. Rule 4:46-2(b) … 15 A-0757-19 The record amply supports the motion judge's determination that plaintiff was entitled to foreclose. …
-
njcourts.gov
… 1:6-2(d). 4 A-3276-19 In his accompanying certification in support of the application, plaintiff's counsel stated that … the court issued an order denying plaintiff's motion. In support of its decision, the court stated: [Plaintiff] has … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
-
njcourts.gov
… MUST BE REMANDED FOR THE APPOINTMENT OF NEW PCR COUNSEL AS SUPPORT WAS NOT PROVIDED FOR ANY OF THE ARGUMENTS RAISED BY … failure "to [both] address these arguments with any supporting 1 To establish a PCR claim of ineffective … establish a prima facie case. This is not an appeal of a determination of a PCR petition alleging ineffective …
-
njcourts.gov
… We "accord 'substantial deference' to a trial court's determination under [Rule 4:50-1] and its decision[] will be … in the judgment.2 Defendant challenges the court's determination of damages as reflected in the May 2013 default … complaint in 2012. There is no competent record evidence supporting the claim. The evidence shows only an answer to …
-
njcourts.gov
… incomplete information. This finding included the ALJ's determination that Connors violated General Order 169, … evaluation of the record," issued a final administrative determination adopting the ALJ's findings of fact and initial … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative …
-
njcourts.gov
… The judge accepted the guilty pleas, finding they were supported by an adequate factual basis and were entered … held, we do not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … that Judge Bennion's findings of fact, credibility determinations, and conclusions are well supported by the …
-
njcourts.gov
… alleging plaintiffs' claims lacked merit and were not supported by a good faith argument. In a May 17, 2018 … 11 A-4210-17T2 We are satisfied Judge Den Uyl's determinations on the forms of notice in his well-reasoned … 15 A-4210-17T2 We discern no error in the judge's determination not to award counsel fees to defendant. The …
-
njcourts.gov
… from his vehicle 's backseat. Gorman saw a mother and two children standing nearby. Defendant and Dowdell exited the … were not sufficiently grounded in reliable science to support his opinion that the projectiles were fired from the … testimony that defendant fired the shots at Johnson. The determination of defendant's guilt or innocence rested on the …