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njcourts.gov
… 2) the Board failed to make the necessary findings to support the c(1) variances granted; 3) the resolution failed … to the public good to its engineer for post-hearing determination; and 5) the applicants failed to present … 433 N.J. Super. at 252. However, a zoning board's legal determinations are subject to de novo review. Jacoby v. Zoning …
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njcourts.gov
… opinion, making detailed factual and credibility findings supporting her determination that defendant was guilty of simple assault. The … oral opinion, the judge made the following credibility determinations and findings of fact. Defendant and D.F. dated …
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njcourts.gov
… the trial court's finding of aggravating factor one is unsupported by the record. In a footnote, he asserts the … factors, determine which 15 A-4381-14T4 factors are supported by a preponderance of the evidence, balance the … and balance[d] aggravating and mitigating factors that are supported by competent credible evidence in the record." …
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njcourts.gov
… MADE BY THE [PCR] COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE EVIDENTIARY … petition if the defendant presents a prima facie case in support of relief, the court determines that there are … he was precluded from presenting the court with facts supporting this claim and how counsel's alleged error …
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njcourts.gov
… raise the alibi shortly after arrest; (2) the alibi was not supported by independent objective evidence; (3) defendant … 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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njcourts.gov
… COURT ERRED IN FAILING TO FIND MITIGATING FACTORS SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD, AND TO … 192 N.J. at 243. We will not disturb a lower court's determination unless it is "so clearly mistaken 'that the … The appellate court will not disturb a trial court 's determination "unless the evidentiary ruling is 'so wide of …
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njcourts.gov
… subsequently issued a comprehensive written opinion in support of the order dismissing defendant's PCR application. … affirm the PCR court's factual findings unless they are not supported by "sufficient credible evidence in the record." … petition only if: (1) they establish "a prima facie case in support of [PCR]," (2) "there are material issues of …
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njcourts.gov
… finding there was sufficient evidence in the record to support the municipal court's ruling. She noted defendant … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … of innocence and stands convicted—ready to challenge that determination on appeal. [Ibid.] Thus, appellate review of a …
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njcourts.gov
… cases is limited. R. 1:36-3. 2 A-1068-21 judge's (ALJ) determination Etheridge is collaterally estopped by an … under the Teacher Effectiveness and Accountability for the Children of New Jersey statute (TEACHNJ), N.J.S.A. 18A:6-117 … We affirm the Commissioner's decision because it is supported by the evidence and Etheridge makes no showing it …
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njcourts.gov
… filed or served in that action. In her motion, which was supported by her counsel's certification, plaintiff asserted … order. We conduct a de novo review of a trial court's determination of a motion to enforce a judgment under Rule … may only be logically employed following a substantive determination a party is entitled to a judgment or an order. …
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njcourts.gov
… from the Civil Service Commission's final administrative determination of February 1, 2023, denying his petition for … his appeal. Beyond this, Gaston claims the agency's final determination was against the weight of the evidence and was … Jersey Division of Mental Health and Addiction Services to support his assessment that the victim depicted in the …
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njcourts.gov
… to vacate default judgment, which plaintiff opposed. In support of defendants' motion, Ermal certified he was the … of the six . . . [Rule 4:50-1] 7 A-3002-23 grounds is a determination . . . [that is] guided by principles of equity." … Specifically, defendants argue the totality of facts support excusable neglect, which the court failed to …
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njcourts.gov
… could not establish that it was liable under the TCA. In support of its motion, the City relied on the February 2015 … orders from December 2011, June 2014, and February 2015 to support his claim that the City had notice that the sign was … was no evidence that it acted palpably unreasonably. In support of these arguments, the City contends that plaintiff …
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njcourts.gov
… point and knew to make direct observations of him. II. In support of his motion, defendant asserted that the … likelihood of irreparable 9 A-1661-22 misidentification. In support of its argument the identification was reliable, the … Henderson to the trial judge’s findings, we conclude his determination the UCO's identification was reliable, is based …
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njcourts.gov
… Because of the importance of the consecutive/concurrent determination to this appeal, we consider the evidence adduced … name), observed that Sara was incoherent and unable to support her own weight. 4 A-3211-20 Sara ended up on top of … examination of the record and the judge's sentencing determinations, we are satisfied the Yarbough test was …
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njcourts.gov
… the City filed a cross-motion to vacate the default, supported by the certification of its counsel . Counsel … The decision in the Ocean County case thus provides no support for the trial court's decision here. The trial court did not reach the City's other arguments in support of its motion, Albasir's alleged lack of standing, …
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njcourts.gov
… is sufficient credible evidence present in the record to support the Law Division's conclusions. Ibid. Finally, when … concurrent findings of facts and credibility 8 A-2507-21 determinations made by two lower courts absent a very obvious … Defendant turns to State v. Bealor, 187 N.J. 574 (2006) to support his argument. Bealor concerned a suspected case of …
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njcourts.gov
… limited. We defer to a PCR court's factual findings "'when supported by adequate, substantial and credible evidence.'" … mixed questions of law and fact, we give deference to the supported factual findings of the PCR court but review de … prosecutor should not prosecute when the evidence does not support the State's charges." Ibid. We are unpersuaded by …
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njcourts.gov
… assistance of counsel claim, finding the record did not support the theory that a personal dispute between counsel … fail. The court also found defendant presented no facts to support a potential alibi, and that if he had, any testimony … CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL WHICH WAS SUPPORTED BY MATERIAL ISSUES OF DISPUTED FACTS LYING OUTSIDE …
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njcourts.gov
… v. Slater, 198 N.J. 145 (2009). Defense counsel argued in support of the motion: Mr. Martin entered a guilty plea, … "no other alternative than to enter a guilty plea." In support of the amended petition, defendant submitted his … only if the defendant establishes a prima facie case in support of PCR, "there are material issues of disputed fact …