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… ineffective assistance from his assigned trial counsel. In support of this contention, he certified 1) counsel … deference to a PCR court's factual findings when they are supported by sufficient credible evidence. Ibid.; State v. … or certification of [the alibi witness] that would support [his] alibi."). The court denied an evidentiary …
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… plaintiff "failed to cite any evidence in the record to support his conclusion beyond simply" there was a hole in … Finally, the motion judge highlighted the only evidence in support of plaintiff's opposition were the photographs … the judge's analysis regarding the photographs submitted in support of the motion. On May 16, 2022, the motion judge …
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… the findings of a trial court "are binding on appeal when supported by adequate, substantial, credible evidence." … and "[c]ommon sense and experience may inform that determination." State v. Hoffman, 149 N.J. 564, 577 (1997). It … of harassment. Ibid. The trial court here made the very determinations lacking in N.B., rendering N.B. inapposite and …
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… -35. Because the trial judge made appropriate credibility determinations, his factual findings are supported by substantial credible evidence, and those facts … We defer to the judge's factual findings and credibility determinations in a bench trial. Having reviewed the record, …
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… parties' testimony and evidence, and making credibility determinations, the trial court entered an FRO, finding … was not satisfied because there was no evidence to support the allegation. In reaching its findings, the court … to the PDVA, a trial court must make two distinct determinations. Silver, 387 N.J. Super. at 125-27. First, the …
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… derive the following facts from the evidence submitted in support of, and opposition to, the summary judgment motion, … POINT II: THE OPINION OF THE NO-FAULT ARBITRATOR WAS NOT SUPPORTED BY THE [C]ASE UPON WHICH HE RELIED, AND THE JUDGE … . . . [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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… Firemen's Ret. Sys., 143 N.J. 22, 25 (1995). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … credible evidence in the record to support the Board's determination that Hanna presently lacks the moral character …
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… moved to quash the subpoena and for a protective order. In support of his motion, appellant submitted a six-paragraph … any of the plaintiff entities. Appellant also submitted in support of his motion the certifications of his attorney, … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. "[I]t is not …
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… "if [the] defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 … the "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, … argument). The record also fully supports the PCR judge’s determination that defendant failed to establish a prima facie …
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… capricious, or unreasonable, or that it lacks fair support in the record." In re Hermann, 192 N.J. 19, 27-28 … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" New Jersey Div. of … without a more detailed record that supports the MVC's determination. We remand this case to the MVC to supplement …
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… to fundamental principles of appellate review. "Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … The court's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." …
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… the judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … conclusions. Id. at 263. Instead, we review such legal determinations de novo. Ibid. Applying these standards to the … apparent function as a "money man" was reasonably supported by the evidence. The trial court's comparison of …
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… is now time-barred, we reverse the order and remand for a determination of counsel fees and costs for trial level … prosecution of meritless claims that had no evidential support whatsoever for the cogent reasons stated by the … shall be served and filed within [ten] days after the determination of the appeal. The application shall state how …
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… hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 … knowingly, and voluntarily. There is no basis whatsoever to support defendant's contention that his counsel misled him … it did not identify an apartment number. The affiant supported the warrant request with photographs of the …
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… TO COMMIT ANOTHER CRIME IF RELEASED UPON PAROLE IS NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE. (Raised Below) … infraction free for many years, undermines the Board's determination that there is a substantial likelihood he will … enumerated in N.J.A.C. 10A:71-3.11(b) and adopted the determinations made by the Board Panel, which found that there …
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… as well. Plaintiff referred to the following language in support of his position: 2. Buildings covered . . . at … above. [(Emphasis added).] Defendant disputed the language supported plaintiff's demands. Defendant maintained that, at … myself nor plaintiff ever agreed 8 to [defendant's] determination of the replacement cost o[r] actual cash value …
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… mold developed. In a certification submitted in support of BMC's motion and in opposition to plaintiff's … ARE APPLICABLE TO BAR COVERAGE AND THEREFORE, CANNOT SUPPORT SUMMARY JUDGMENT. POINT V: THE TRIAL COURT … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. …
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… substantial prior criminal history, the record amply supported the trial judge's conclusion that aggravating … factor 11 because defendant lived with two of his children and supported a third. Before the failure to … mitigating factor. We review "a trial court's 'sentencing determination under a deferential standard of review.'" State …
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… We affirm the dismissal of his CFA claim because that determination "is based on findings of fact that are adequately supported by the record," Rule 2:11-3(e)(1)(A), and Profeta … of proof. Appellate courts "review the trial court's determinations, premised on the testimony of witnesses and …
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… May 18, 2017. Plaintiff and defendant are divorced. Three children were born of the marriage. On April 18, 2017, … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … (citing N.J.S.A. 2C:25-29(a)). The court should make this determination "in light of the previous history of violence …