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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … articulable basis to stop the Davis vehicle, is legal determination, not a factual one, to which we owe no … of defendant's vehicle was not valid, the judge made no determination relative to the constitutionality of the …
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njcourts.gov
… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
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njcourts.gov
… that "[t]his 8 A-4129-18T2 purported restraint was not supported . . . with any findings . . . nor was it reduced … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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njcourts.gov
… 337 N.J. Super. at 242. In our review of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if they are supported by "adequate, substantial and credible evidence." …
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njcourts.gov
… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
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njcourts.gov
… The judge found that defendant's responses would "not support even remotely a finding that the defendant ha[d] … explained the required state of mind. The circumstances supported a finding of a shared purpose. Therefore, the …
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njcourts.gov
… a 'continuing pattern' of anti-social behavior." To support her argument, defendant cites our Supreme Court's … prosecutor's consideration of all other factors is amply supported by the evidence in the record. Affirmed. … …
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njcourts.gov
… scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … applicable law. Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … been drinking. The totality of those circumstances amply supports the officer's probable cause to believe 10 … of alcohol. See Moore, 181 N.J. at 46. We therefore find no support for the argument that defendant's conviction cannot …
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njcourts.gov
… had to make 2 Defendant later submitted a certification in support of his motion to vacate the default judgment in … as Judge Hodgson found, nothing in the letter objectively supports this contention. 5 A-3058-17T4 three monthly …
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njcourts.gov
… 21, 2015, plaintiff filed a motion for summary judgment. In support of that motion, plaintiff submitted a certification … had authority to sign the assignment on behalf of MERS. In support of this contention, defendants rely upon what …
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njcourts.gov
… DWI defendant need not have actual knowledge of the facts supporting the contentions that underlie his discovery … that the destruction of evidence is overcome by the determination that Officer Henriquez's "credible" testimony … his assertion that the bottles were unopened, lending support to defendant's testimony that he had not been …
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njcourts.gov
… PCR, alleging ineffective assistance of counsel (IAC). In a supporting certification, defendant asserted he was "misled" … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." … we are satisfied Judge Ravin's factual findings are amply supported by the record, and his legal conclusion that …
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njcourts.gov
… includes a printout of the location history, which supports the certification. CitiMortgage then maintained … attorney subsequently tendered a certification and supporting documentation purporting to show that defendants …
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njcourts.gov
… doubt about his responsibility for the murder. In support of his argument, defendant relies on an uncertified … his 2013 petition. 8 A-4460-17T2 offered no evidence to support his claim he was unable to uncover the victim's …
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njcourts.gov
… or substantive grounds, finding the record "adequately support[ed]" defendant possessed the drugs and guns … his request for an evidentiary hearing. The record amply supports the PCR judge's findings and conclusions. Defendant …
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njcourts.gov
… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant presents a … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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njcourts.gov
… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… attention to defendant's argument that the 3 In the papers supporting his motion, defendant generally argued the … Mancini, supra, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … under Rule 4:50-1(a). The court's denial of the motion was supported by the evidence and its entry of the July 24, 2015 …
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njcourts.gov
… of E.M., but also of an independent witness, both of which supported the jury's guilty verdict. As to defendant's claim … defendant did not set forth a prima facie case in support of his PCR petition. This appeal followed. On … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …