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… the car, punching him and claiming he was the driver. Ibid. Supporting the defense theory that defendant was only a … his attorney inadequately investigated facts necessary to support his defense, "must assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… decision. The Director adopted the ALJ's credibility determinations, and agreed with her observation that the … capricious, or unreasonable, or that it lacks fair support in the record.'" R.S. v. Div. of Med. Assistance & … L.B. made on behalf of E.C., making a fair market value determination impossible. Second, it is apparent that ALJ …
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… On March 24, 2016, plaintiff moved for summary judgment. In support of its motion, plaintiff filed a certification … more than conclusory arguments devoid of any factual support or reference." II. We apply the same standard as the … matter of law." R. 4:46-2(c). Without making credibility determinations, the court considers the evidence "in the light …
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… defendant failed to establish a prima facie case in support of his petition after carefully analyzing each of … pre- trial plea offer and would not affect the jury's determinations because Campfield's on-the-scene identification … victim, Campfield. Defendant asserts, without any record support, that Campfield could have potentially provided …
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… his due process rights were violated, the decision was unsupported by substantial credible evidence, and the … support the agency's conclusions). However, "although the determination of an administrative agency is entitled to … were supported by substantial credible evidence, the determination that Heisler committed two counts of prohibited …
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… FET. Both Board panels issued written decisions in support of their rulings. Carter appealed to the full Board … TO IMPOSE A FUTURE ELIGIBILITY DATE OF 120 MONTHS IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD, IT … in accordance with N.J.A.C. 10A:71-3.11. The Board's determination is supported by sufficient credible evidence and …
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… of the September 2, 2016 order. In his certification in support of his motion, Williams merely stated his second … of execution. The entirety of Williams' certification in support of his motion was: "There have been mistakes on them … of the March 17, 2017 order. In its entirety, his supporting certification stated: Mistakes in the Final …
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… bound to accept the trial court's fact findings if they are supported by substantial credible evidence, In re Return of … we exercise de novo review over the trial court's legal determinations, Manalapan Realty, LP v. Twp. Comm. of … of legal and competent evidence to support the judge's determination that the issuance of the permits would not be in …
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… that there was no rational basis in the evidence to support a charge. Defendant maintains that he did not speak … injury to the cashier. Thus, there exists no evidence supporting a rational basis for charging attempted theft as … and mitigating factors found by the trial court are not supported by the record, or (3) application of the …
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… noted that: The hardships asserted by defendant are not supported by the record and, even if they were, they do not … facie case of ineffective assistance of counsel is amply supported by the credible evidence in the record. Regarding … counsel that he would be sentenced to time served is not supported by the record and belied by his signed plea …
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… "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … findings of a trial court when "they are so manifestly unsupported by or inconsistent with the competent, relevant … Thus, there was substantial evidence in the record to support the court's finding that plaintiff understood he …
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… by default in the amount of $3107.40, plus costs. In support of its motion, plaintiff submitted a certification … because the dispute was subject to binding arbitration. In support of this argument, defendant relies upon the terms … issue in the trial court, his argument is unpersuasive. In support of his argument, defendant cites Discover Bank v. …
njcourts.gov
… extensive brief, appointed PCR counsel supplied additional support for the petition — a certification from defendant's … the mother of victim N.S., as well as two of defendant's children. He claimed H.S. made statements that she would … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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… pursuant to N.J.A.C. 10A:71-3.11," and that there was support in the record and documentation in accord with … unless "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … in effect at the time, "[t]he Parole Board's ultimate determination of parole fitness must be based on whether there …
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… Sergeant Anthony Ricks applied for the warrant. In the supporting affidavit, he said he and an undercover officer … SHOULD HAVE BEEN GRANTED BECAUSE THE SEARCH WARRANT WAS NOT SUPPORTED BY PROBABLE CAUSE SPECIFIC TO THE HOME THAT WAS … suspicion for the stop. This argument lacks merit. The determination as to whether the State has met its …
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… In his February 14, 2018 certification submitted in support of the motion to reopen discovery, Williams's … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … While we pay no particular deference to the trial court's determination of any questions of law, Manalapan Realty, LP v. …
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… was built, and the amount of the then-existing lien all support their claim of fraud.3 On November 6 and 8, 2014, … have provided no specific facts or concrete evidence to support a favorable jury verdict. appellate record indicate … plaintiffs have submitted only self-serving assertions in support of their opinions that the subject documents are …
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… risk. Defendant provided the following factual basis in support of her guilty plea to second degree arson: DEFENSE … with the medication she was taking at the time, would have supported a finding of mitigating factor 7 A-0905-17T4 … and held that the trial judge "gave detailed reasons to support the sentence in accordance with the plea agreement." …
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… that, besides the visible bumper damage, the rear bumper support was damaged, and the harness pinched. The dealership … was not a reasonable litigation expense. II. "Final determinations made by the trial court sitting in a non-jury … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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… the following facts from evidence the parties submitted in support of and opposition to the summary judgment motion, … on the morning of November 13, 2018, Salmond and her two children were traveling to the children's school in Newark on an NJT bus. As the bus …