-
njcourts.gov
… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … in Judge DiFabrizio's written opinion. The record amply supports the judge's conclusion that as a result of … State's favorable plea offers. Nonetheless, the record also supports Judge DiFabrizio's conclusion that defendant did …
-
njcourts.gov
… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … law and fact, [an appellate court] give[s] deference to the supported factual findings of the trial court, but review[s] … failed to satisfy the first prong of Strickland was supported by substantial credible evidence in the record. We …
-
njcourts.gov
… be reviewed to determine whether the finding is adequately supported in the record. If the judge did not personally … and never repeated. Given the overwhelming evidence supporting defendant's conviction, the error, when … conduct. See N.J.S.A. 2C:44-1(b)(4). We review sentencing determinations with deference and will not substitute our …
-
njcourts.gov
… they did not argue that the evidence was insufficient to support his conviction for attempted murder. Defendant … his shotgun. Because there was ample evidence in the record supporting the jury's verdict, the court concluded … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
-
njcourts.gov
… and permanent disability." She also made credibility determinations regarding the experts' testimony. The ALJ noted … and issued a final decision, affirming the ALJ's determination that Harak's disability was the result of a … it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
-
njcourts.gov
… provide" an alternate version of the facts, which could be supported by Mr. Smith." PCR counsel argued defense … hearing would "allow the [c]ourt to make a better determination of whether it was ultimately a trial strategy … based upon what we had there. So based upon that a determination was made that there really wasn’t anything that …
-
njcourts.gov
… the scheduling problem, the brevity of the doctor's note supporting counsel's postponement request, and the fact the … that Judge Escandon did not err in his factual or legal determinations. There is sufficient credible evidence in the … 69, 72 (App. Div. 2016). The municipal court judge's determination that he could be fair and impartial to …
-
njcourts.gov
… of assault. He contends the final restraining order was not supported by substantial credible evidence, in part because … married in India several years ago. They have two young children. At the hearing on the final restraining order, … Friday and ended with her fleeing their apartment with the children on Sunday after he repeatedly struck her. Plaintiff …
-
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 …