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… OF A DENIAL TO VACATE A GUILTY PLEA WHEN THE PLEA IS NOT SUPPORTED BY AN ADEQUATE FACTUAL BASIS IS DE NOVO. (NOT … to [Rule] 3:21-5." R. 3:22-12(a)(1). Notwithstanding this determination, the judge also found the factual bases for … of the nature of the charges, and the trial court's determination of defendant's motivation, defendant's motion to …
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… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
njcourts.gov
… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … We find that there is substantial, credible evidence supporting the judge's denial of the motion to suppress …
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… the Board adopted the ALJ's decision as its final determination in a single sentence, and failed to address … and typing, handwriting reports, filing, and speaking with children's parents. Around 2008, petitioner developed a mild … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of 4 …
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… provided ineffective assistance. In his certification supporting PCR, defendant claimed plea counsel failed to … 576 (2015). If sufficient credible evidence in the record supports the judge's findings, we will affirm. Ibid. … deferential standard of review, we find no error in the determination of the PCR judge. Furthermore, we find …
njcourts.gov
… the City claimed. On September 30, the GRC issued a final determination, adopting the findings and recommendations of … to the public interest. Gordon asked the "GRC to make a determination that [the City] withheld the fact there was … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, …
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… submitted his "candidate resume/biography" to defendant in support of his nomination for election to the board. Several … do not apply. However, N.J.S.A. 15A:5- 23 provides no support for plaintiff's contention. Next, to address … de novo, owing no deference to the trial court's legal determinations. McGovern, 211 N.J. at 108. Turning to the …
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… to plead guilty to the robbery and carjacking. His bald, unsupported assertions are belied by his testimony during the … he or discovery disclosed to trial counsel. These bald, unsupported, conclusory allegations do not provide a basis for … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. Moreover, trial counsel …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … in the record of such a loss of a bodily function. In support of the motion, defendants relied upon Dr. Pecker's … to put on clothing, household chores, care for her grandchildren, and park her car. However, it is undisputed that …
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… any crime and no investigative authority ever made that determination. 10 A-0365-20 Plaintiffs contended it was … the viability of the claim. However, their expert did not support that proposition. Instead, he proffered options … to bolster their expert report with deposition testimony to support their allegations of bad faith. But the expert …
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… claimed were "never credited through Probation" against his support obligation; and a reservation of 3 A-1151-20 "all … We defer to the family court's factual findings if "supported by adequate, substantial, and credible evidence in …
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… only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… in other cases is limited. R. 1:36-3. 2 A-4498-19 Fox Rothschild LLP, attorneys for respondent JPay, Inc. (Michael J. … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Rieder v. … in the terms of use for the IKS. Adequately providing support for his reasoning on the record, the trial judge …
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… II, slip op. at 6.] Defendant included several exhibits in support of his motion for a new trial.2 The first was a West … at trial[,]" as "there [wa]s overwhelming evidence to support the verdict returned by the [j]ury." II. Before us, …
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… conduct and the result—the harm allegedly inflicted on the children by their adult chaperones— occurred entirely … by the alleged victim in New Jersey was sufficient to support indictment for 9 A-1151-19 extortion and establish … of our review is narrow. We review the trial court's determination of a motion to dismiss for a clear abuse of …
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… accompanied the order under review. I. The underlying facts supporting defendant's convictions are outlined in our … the robbery and testimony from a cousin, Roger Gilbert, to support 6 A-5305-18 his alibi defense that he was at the … again" girlfriend Heather Berkey, and mother of one of his children to testify at trial, but ultimately, she refused to …
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… pursuant to N.J.S.A. 40:55D-26(a) and 40:55D-64 for its determination whether the Ordinance was substantially … also filed a motion to dismiss or for summary judgment. In support of the motion, Higgins certified his November 2017 … uses allowed by the Ordinance, the record did not support this. In their reply, plaintiffs argue there should …
njcourts.gov
… and thereafter filed an amended PCR petition and a brief in support of the petition. Defendant argued trial counsel was … ." The PCR court found these allegations lacked factual support, noting counsel had in fact obtained information …
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… Defendant was assigned PCR counsel, who filed a brief in support of the petition. Defendant also submitted his own … questions of law and fact, we give deference . . . to the supported factual findings of the trial court, but review de … he needed such medications at the time. In making this determination, Dr. Singer reviewed defendant's prior …
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… does not even provide a scintilla of evidence or reason to support that bald conclusion. State law in this regard is … arguments are based on bald assertions without evidential support in the record, and otherwise lack sufficient merit …