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… an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon … and the borrowed car. Defendant has offered no evidence to support his arguments, and the court was correct to deny his …
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… also alleged defendant refused to let the parties' children return to the United States , was dissipating … due to a mistranslation. 3 A-3608-22 whether she and the children could travel. The court granted plaintiff a … (1997)). A judge's fact- finding is "binding on appeal when supported by adequate, substantial, credible evidence." …
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… in their discretion, deem advisable for the health, support, and maintenance of [Ping] in [Ping's] accustomed … with several exceptions. In addition to "seeking additional supporting documentation for several accounting entries," … of the expenses" as well as "other sources of income and support available to Ping." Whitenack defended the monthly …
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… where the factual allegations are palpably insufficient to support 10 A-2933-21 a claim upon which relief can be … In applying these principles to the trial court's determination of defendants' Rule 4:6-2(e) motion, we are … correctly determined the allegations in each count did not support a cause of action. The court discussed each count in …
njcourts.gov
… 739, 746 (1989)). "'[I]f the complaint states no claim that supports relief, and discovery will not give rise to such a … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,' or if … to Dudley v. Bergen, 23 N.J. Eq. 397, 400 (Ch. 1873) in support of the court's authority to revive a lien on …
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… attention to the rear passenger floor. Jimenez's testimony supported the video footage which depicted a handgun, the … FLOORBOARD WERE CONTRABAND. "We review the motion judge's determination of [a] defendant's motion to suppress under a … the motion judge's decision so long as those findings are supported by sufficient 9 A-2472-22 credible evidence in the …
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… when he sexually penetrated her without her consent. In support of that claim, defendant produced a statement, … court entered an order denying defendant's petition for PCR supported by a written opinion. The court determined the … was committed. There is no basis to disturb the court's determination that defendant failed to demonstrate denial of …
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… prejudicial evidence and that the court's findings were not supported by the record evidence. Since the court's findings are well-supported and it did not consider the evidence defendant … Court prescribed our mode of analysis: "The threshold determination under Rule 404(b) is whether the evidence …
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… January 25, 2018. Among the arguments Midland advanced in support of its motion was its assertion that plaintiff's … "would necessarily reflect this [c]ourt having to make a determination on the identical question to that in the … prior litigation." We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e). …
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… in Voorhees, but the location of the vehicle did not support this explanation. Hawthorne claimed they had stopped … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … judge's conclusion the totality of these circumstances supported the legality of the stop should not be disturbed. …
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… full extent of a conspiracy, even if those methods would support prosecution against known individuals. See United … reviewed in detail the detective's lengthy affidavit in support of the initial order, and his two affidavits leading … The 8 A-1847-15T4 affidavits present sufficient facts to support the conclusion that the necessity requirement was …
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… there exists sufficient credible evidence in the record to support the decision, and affirm. The County of Hudson … OBLIGATION TO PROMOTE[.] Our review of a Commission's determination is limited. In re Stallworth, 208 N.J. 182, 194 … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." US Bank, N.A. v. …
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… aggravating factors and present a mitigating factor. In support of his petition, defendant provided the PCR court … to the jury? THE DEFENDANT: Yeah. Thus, the record does not support defendant's contention that his trial attorney did … testified. The record therefore supports the PCR court's determination that defendant failed to establish a prima facie …
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… appellate court should not modify the SVPA trial judge's determination either to commit or release an individual … 31, 58 (1996)). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the … convincing evidence that the record in this case clearly supports the opinions of the two experts who testified, one …
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… Court finds the evidence in the record is insufficient to support the conviction, it must issue an order of acquittal. … adjudication. 11 A-4864-15T2 There were no credibility determinations made by the municipal court judge in this case. … to accord any deference to the municipal court judge's determinations. Nor was deference by the Law Division judge …
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… court must accept a trial court's factual finding if it is supported by sufficient credible evidence in the record." … with knowledge that he was permitted to do so. The evidence supports the judge's factual findings, which in turn support his legal conclusion. The judge noted several times …
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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … expert reports, or . . . the absence of expert opinion to support plaintiff's liability claims, which is fatal to … discovery period." Plaintiff's arguments on appeal are not supported by the record and lack context. The record does …
njcourts.gov
… decision, the trial judge denied the motion. In his determination, the judge noted that in light of the "ample" … . . . Therefore, the prosecutor's comments only went to support his theory that the defendant returned to the scene … the gun when they were robbed. 12 A-0210-15T1 As the determination of a witness credibility is entirely at the …
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… an investigation and presented a report of her findings supporting the designation during a public hearing held by … Hall Study Area and produced the "Report Concerning the Determination of the City Hall Study Area as a Non- … N.J.S.A. 40A:12A-6(a). The planning board will make the determination after public notice and a public hearing, and …
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… judge, sitting without a jury, are binding on appeal if supported by sufficient credible evidence in the record. … that there is sufficient credible evidence in the record to support the trial court's finding that Progressive validly … of the policy, the record supports the trial court's determination that Progressive complied with the requirements …