-
njcourts.gov
… representation. He also provided a factual basis to support his guilty plea, which the court accepted. Although … is entitled to appellate deference so long as that determination is supported by sufficient credible evidence in the 6 A-3575-23 …
-
njcourts.gov
… would be presumed as consecutive." This assertion is not supported by the record. On direct appeal, we previously … coupled with conviction of burglary on [the victim] support the two consecutive sentences. In light of Yarbough, …
-
njcourts.gov
… of defendant's intoxication, from multiple witnesses, supported the argument that he was not capable of forming … included manslaughter offenses. Nothing in this record supports defendant's claim of an error in the charge of …
-
njcourts.gov
… if it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … However, we are "in no way bound by the agency's . . . determination of a strictly legal issue." Mayflower Sec. Co. …
-
njcourts.gov
… 52:15C-14. Nothing in the established and undisputed facts support [p]laintiff's allegation that its civil and … "'factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Borough …
-
A-3/4/5-24 Petition For Certification Jean-Baptiste
Briefs
njcourts.gov
… Division brief and adds the following clarifying remarks in support of his petition. The defense in this case was … 1017 (1989)) ("[t]he evidence a defendant seeks to admit in support of a third-party guilt defense must be capable of …
-
njcourts.gov
… fees." Plaintiff submitted a certification of services to support its application. On March 22, 2024, the court … by a reasonable hourly rate. . . . [T]he trial court's determination of the lodestar amount 7 A-2200-23 is the most … rate of $330 was reasonable. Then the court turned to a determination of the reasonableness of the number of hours …
-
njcourts.gov
… to defendant's real property to satisfy her judgment, supported by her counsel's certification detailing the … as to the invalidity of the writ of execution. We find no support in the record for defendant's argument that the …
-
njcourts.gov
… offender and how people who commit offenses when they are children are different" and outlined in detail the five … of PCR counsel. Thereafter, PCR counsel filed a brief in support of 7 A-3591-22 Dunn's petition, arguing that the new … he cited Zuber, he frankly did everything he could to support a lesser sentence. And . . . I agreed with him and I …
-
njcourts.gov
… they "ha[d] absolutely no contact with New Jersey." In support of their motion, defendants filed Townsend's … in connection with this matter. While the court makes no determination of the validity of [p]laintiff's claims, it is … findings concerning jurisdiction "if those findings are supported by substantial, credible evidence in the record." …
-
njcourts.gov
… defendant's testimony was not credible and provided "no support to any of the claims" he made concerning his … court's factual findings, "so long as those findings are supported by 9 A-2526-21 sufficient credible evidence in the … no basis for disturbing the trial court's well-reasoned determination that defendant failed to satisfy the Strickland …
-
njcourts.gov
… is appropriate only when the agency's decision is unsupported by substantial credible evidence in the record as … so long as "sufficient credible evidence in the record supports the agency's conclusions"). The burden rests on the … witnesses. He further asserts this impeded his ability to support his arguments relating to his mental health. An …
-
njcourts.gov
… for its damages under [Vola's] compensation claim is thus supported by the terms of the municipal ordinance, the … must be accorded [to] the factual findings and legal determinations made by the [workers' compensation judge] unless they are '"manifestly unsupported by or inconsistent with competent relevant and …
-
njcourts.gov
… N.J.S.A. 43:21-1 to -71. In a December 2021 notice of determination, Daignault was informed by the Division of … left work without good cause. Along with the notice of determination, Daignault was ordered to refund the benefits he … is 'arbitrary, capricious or unreasonable,' or is unsupported 'by substantial credible evidence in the record as …
-
njcourts.gov
… exertion required at the emergency call but continued its determination that the incident was not "undesigned and … undesigned and unexpected. II. Our review of an agency determination is limited. Russo v. Bd. of Trs., Police & … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & …
-
njcourts.gov
… 590, 595 (2001)). "That is, if the policy language 'fairly supports two meanings, one that favors the insurer, and the … as "a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits." … business day." Id. at 453. We noted, [t]here is some support in this jurisdiction for the proposition that when …
-
njcourts.gov
… denied plaintiff's "motion for exceptional circumstances," supported by a written statement of reasons. The court … Those discrepancies, however, are not material to our determination that plaintiff failed to serve a timely notice … N.J. at 370. The claimant must provide the court a "motion supported by affidavits based upon personal knowledge of the …
-
njcourts.gov
… TO INCLUDE LEGAL FEES NOT PROPERLY PRESENTED TO THE JURY OR SUPPORTED BY ANY EVIDENCE AT TRIAL. A. PLAINTIFF’S … 387. However, "if the same 9 A-2814-21 evidence adduced to support a successful claim was also offered on an …
-
njcourts.gov
… facts, in the form of admissible evidence, sufficient to support a prima facie claim. Ibid. A defendant must show the … assistance of counsel. 8 A-1545-21 The record neither supports defendant's claims regarding counsel's performance …
-
njcourts.gov
… sentence, Rogers drew attention to defendant's family support and community ties; the Adult Diagnostic Treatment … defendant's rehabilitation; defendant's lack of parental support growing up and the failure of the juvenile system to … denying PCR is de novo in all respects except credibility determinations, for which we defer to the PCR judge's …