-
njcourts.gov
… disturb a court's finding of a violation of probation when supported by sufficient credible evidence in the record. See … factors counterbalanced with the mitigating factors supported by credible evidence. State v. Dalziel, 182 8 …
-
njcourts.gov
… defendants argue that the motion judge's findings were not supported by the record and were otherwise erroneous. In … against defendants for the full amount owed. In his supporting certification, the fiscal agent asked the court …
-
njcourts.gov
… of the Board of Review (Board), which reversed the determination of the Appellant Tribunal and held that Pelczar … N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are … to the Board, but the Board made no further factual determinations to resolve those disputes. Thus, we remand this …
-
njcourts.gov
… trial because his claim of newly discovered evidence was unsupported by legally competent evidence. Defendant sought … that the court cannot hear a motion unless the motion is supported by "affidavits made on personal knowledge, setting … witnesses). A defendant's claim seeking PCR must be "supported by affidavits or 8 A-1215-14T4 certifications …
-
njcourts.gov
… "[T]he appropriate standard of appellate review of determinations made in workers' compensation cases . . . is … must be accorded the factual findings and legal determinations made by the Judge of Compensation unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
-
njcourts.gov
… an ability-to-pay hearing. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 … 64 (2014). The court must then "determine which factors are supported by a preponderance of [the] evidence, balance the … balance[d] aggravating and mitigating factors that [were] supported by competent credible evidence in the record." …
-
njcourts.gov
… away by the time the PCR petition was filed. However, in support of his petition, defendant submitted a certification … [I]f a defendant has presented a prima facie case in support of PCR, an evidentiary hearing generally should be …
-
njcourts.gov
… defendants filed a cross-motion for summary judgment. In support of its motion, plaintiff provided 4 A-3492-14T3 the … 142 N.J. 520, 540 (1995)); R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
-
njcourts.gov
… we determine whether the Law Division judge's decision is supported by sufficient credible evidence. See State v. … Division judge have made essentially the same credibility determinations. Id. at 474. We conclude that the Law Division judge's factual findings are supported by sufficient credible evidence. Based on those …
-
njcourts.gov
… Deference to findings of fact is owed so long as they "are supported by substantial credible evidence in the record as … we do not have a basis to second guess the trial judge's determination. Lastly, because we have concluded the judge's … so, did not rely upon the doctrine and made his determination following a hearing on the merits. Affirmed. … …
-
njcourts.gov
… information, OCBSS was unable to complete its eligibility determination and the denial was appropriate." On appeal, J.H. … capricious, or unreasonable, or that it lacks fair support in the record.'" R.S. v. Div of Med. Assistance and … or exceptional circumstances, Medicaid eligibility determinations must be made within forty-five days. 42 C.F.R. …
-
njcourts.gov
… A. The Judge's Finding of Reasonable Suspicion Did Not Support His Conclusion That The Warrantless Search of … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." …
-
njcourts.gov
… as N.J.S.A. 2A:159A-1 to -15. 4 A-5277-15T1 revealed, supported by affidavits or certifications based upon the … must allege specific 8 A-5277-15T1 facts and evidence supporting his allegations[,]" State v. Porter, 216 N.J. …
-
njcourts.gov
… endorsement of the NJSBA's interim report. TANJ is fully supportive of a holistic, exhaustive and data-driven … as she thoughtfully distilled the available data, was her determination that additional analysis and data collection … underrepresentation that currently exists. That said, TANJ supports and endorses the notion, as more fully set forth in …
-
njcourts.gov
… drove to the crime scene. The fingerprint match was supported by expert testimony from a police detective, … petition only when (1) he establishes a prima facie case in support of relief; (2) "there are material issues of …
-
njcourts.gov
… an "amended letter memorandum," dated October 20, 2016, in support of his petition. In any event, in her opinion, the … with the PCR judge that trial counsel's letter brief in support of another client, purportedly discovered by …
-
njcourts.gov
… We affirm. Plaintiff and defendant are married and have no children together. On May 8, 2020, plaintiff called her … A judge's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." Id. … 3 Defendant contends that because the parties have no children and are planning to get divorced, they no longer …
-
njcourts.gov
… and contaminated. However, defendant offered no further support for this bald allegation and Judge Venable rejected … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
-
njcourts.gov
… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … judge would not recommend him to ISP. Defendant merely supports his petition for PCR with "bald assertions," …
-
njcourts.gov
… have testified had he known of sanitization, is factually unsupported and legally unavailing. The record shows the … defendant's use of "certain psychotropic medication[s]." In support of his petition, defendant certified: I had informed … and presented a defense of diminished capacity. In her determination of this argument, Judge DiFabrizio found the …