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njcourts.gov
… the advice of competent counsel and that the pleas were supported by adequate factual bases. Finally, defendant … hearing only when he "has presented a prima facie [case] in support of [PCR]," that a defendant "must demonstrate the … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. "However, a defendant is …
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njcourts.gov
… an end in itself. Rather, it is a factor in the court's determination whether there is a reasonable probability that, … the totality of the evidence in making its prejudice determination. . . . . The testimony of [the Walgreens … and interviewed there is nothing before the court that supports a finding that the manager would have had any …
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njcourts.gov
… for a thorough and efficient education for public school children. The Department was asked to forgo collecting any … not assert a well settled legal right because it failed to support its position with legal authority. The ALJ found the … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
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njcourts.gov
… dating for approximately eight years. They do not have any children together. Plaintiff was hospitalized for a period … "did not make findings of fact and conclusions of law" in support of his decision, and "did not find that [plaintiff] … and "[c]ommon sense and experience may inform that determination." Hoffman, 149 N.J. at 577. Because direct proof …
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njcourts.gov
… a reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … the pleading; (3) the factual allegations are adequately supported; and (4) factual denials are warranted. R. … or where no rational argument can be advanced in its support[.]" (quoting United Hearts, L.L.C. v. Zahabian, 407 …
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njcourts.gov
… He found "no evidence of any mental health deficiencies" to support the argument his mental health issues impaired him, … at, and kill, the victim. The judge found no evidence to support defendant's claim the gun accidentally discharged … at the plea or sentencing phases, or in the PCR petition to support the claim defendant's mental health impacted his …
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njcourts.gov
… On appeal, CURE argues that the judge's findings are not supported by the evidence in the record. CURE contends that … after a bench trial are "considered binding on appeal when supported by adequate, substantial and credible evidence." … We see no reason to disturb the judge's findings, which are supported by adequate, substantial and credible evidence in …
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njcourts.gov
… fact-finding by relying on his prior convictions to support its imposition of the extended term sentence under … verified petition refers to a pro se brief submitted in support of his initial petition. The brief is not included … aid, its finding of the aggravating and mitigating factors supporting the sentence were based solely on defendant's …
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njcourts.gov
… but "'attorney inadvertence' will not, standing alone, support a finding of extraordinary circumstances" entitling … [Id. at 341.] Plaintiff relies on the facts in Couri as support that the AOM statute does not apply to plaintiff's … plaintiff's breach of contract claim did not require expert support. Id. at 341. 11 A-2129-16T3 In deciding whether the …
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njcourts.gov
… in December 2011, decedent was survived by five adult children with his predeceased wife: John P. Valentine, Anne … decedent divided his "residuary estate" among his five children as follows: fifteen percent to John; twenty percent … was adequate to cover the appraised value of the house. As support, Eileen contends the Will's scrivener agreed with …
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njcourts.gov
… "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Jecker v. … (1974)). 4 A-3917-16T2 "We defer to the credibility determinations made by the trial court because the trial judge … defendant regarding bad checks. The trial court based its determination of damages on the handwritten letter. Defendant …
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njcourts.gov
… THE MOTOR VEHICLE STOP AND INVESTIGATIVE DETENTION WAS NOT SUPPORTED BY A REASONABLE ARTICULABLE SUSPICION OF A MOTOR … the motor vehicle stop and investigative detention were not supported by a reasonable and articulable suspicion that she … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled …
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njcourts.gov
… there was substantial credible evidence in the record to support the trial judge's order that it would be contrary to … maintained J.K.'s expressed concern for his safety was not supported by the evidence. The judge pointed out that if … jeopardy if J.K. is allowed to purchase a gun and a PTC is supported by his credibility findings. We are not "convinced …
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njcourts.gov
… and (4) the Authority's "factual findings were not supported by substantial evidence in the record." Appellate … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls …
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njcourts.gov
… 2C:25-17 to -35. Because the trial judge made credibility determinations, factual findings that were supported by substantial credible evidence, and correctly … plaintiff testified that defendant would kick and throw her children's clothes in the garage and hide their shoes. …
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njcourts.gov
… defense counsel argued the evidence and testimony supported an intoxication defense: Now when we[ are] talking … court entered an order denying defendant's petition for PCR supported by a thirty-five-page written opinion. The court … arguments requested by the defendant that the record will support. If defendant insists upon the assertion of any …
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njcourts.gov
… likely to sexually reoffend, that her factual foundation in support of the same is clearly present in the record, and … he concluded "her testimony and the medical records do not support by a clear and convincing evidence standard that … "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 …
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njcourts.gov
… ha[d] secured employment for [him]; that [he] has a strong support system and provides care for his grandmother; and … officer and, further, provided the basis for their determination that [Miles] violated his conditions of [PSL] … are convinced the record adequately supports the Board's determination that Miles seriously and persistently violated …
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njcourts.gov
… with the necessary "facts outside the trial record" to support his argument. The PCR court determined defendant was … PCR court emphasized defendant's "bald assertions" were not supported by the record and defendant never objected to his … he 10 A-2642-22 or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of …
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njcourts.gov
… denial order. Because we conclude the Board's decision was supported by the credible evidence and was neither arbitrary … of an agency's final decision is generally limited to a determination of whether the decision is arbitrary, … the Board thoroughly reviewed the facts, made credibility determinations, and concluded petitioner was not entitled to …