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… reconsideration was also denied. Defendant had argued in support of his applications that evidence of his psychiatric … grand jury to put the matter before a petit jury for its determination . . . ." The affirmative defense of insanity … State's obligation to sift through the record to make the determination as to when those instructions are appropriate. …
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… obligated defendant to reimburse plaintiff was not supported by law or logic. The court further found it was … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … it is unnecessary for us to address the court's other determination that plaintiff's contract claim lacked merit …
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… that there was "absolutely no evidence" in the record to support defendant's bald assertion. This appeal followed. On … The judge's findings should not be disturbed if they are supported by sufficient credible evidence in the record. … we discern no basis for disturbing the judge's reasoned determination denying defendant's motion to suppress the …
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… to give [] consent." However, he did not provide any support for his conclusion, and the court ruled Gooberman … Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … Handy, 206 N.J. 39, 45 (2011) ("appellate review of legal determinations is plenary"). Defendant contends the court …
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… should accept a trial court's findings of fact that are supported by substantial credible evidence. Deference to a … 222 N.J. 249, 263 (2015). C.R. argues the trial court determination was erroneous because there was insufficient … these reasons, we decline to disturb the trial judge's determination. The trial judge's decision to deny C.R.'s …
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… IN FAVOR OF REJECTION FROM PTI AND FAILED TO CONSIDER FACTS SUPPORTING ADMISSION, A REMAND FOR RECONSIDERATION IS … evidence presented to the grand jury was insufficient to support the charge of third-degree invasion of privacy since … as to each element of the offense. The Grand Jury testimony supports the State's contention that defendant did not have …
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… N.J. 320, 330 (2010). While we review de novo an agency's determination that there are no genuine issues of material … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. … See N.J.A.C. 5:35-1.5. We found nothing in the record to support the Board's conclusion that Zisa's reliance on …
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… because the judge did not find extraordinary circumstances supporting a late filing of the claim. See generally Zois v. … County and there were no extraordinary circumstances to support a late filing or a finding of substantial … the notice requirements of N.J.S.A. 59:8-4." The motion was supported by plaintiff's and his attorney's certifications. …
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… to uphold the motion judge's factual findings that are supported by sufficient credible evidence in the record. … as a condition of his parole, for the ion scan test was not supported by a reasonable, articulable suspicion to believe … defendant argues the positive ion scan result did not support reasonable suspicion to search his home. The judge …
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… on March 31, 2015, and directed Exquisite to seek a determination from the Borough Council. Exquisite filed an … for the 4 A-2569-15T1 Borough of Freehold (Council) for a determination on the proposed parking plan and change in use. … and there 5 A-2569-15T1 was sufficient evidence to support the decision that the off-site parking scheme did …
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… is 'arbitrary, capricious or unreasonable or is not supported by substantial credible evidence in the record as … Based upon our deference to the ALJ's credibility determination, see Clowes, supra, 109 N.J. at 587, along with … Sufficient evidence in the record supports the ALJ's determination petitioner fell short of his job requirements …
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… the judge observed that defendant's certification filed in support of his petition did not contain a 7 A-2948-17T2 … HIM ON THE DEPORTATION CONSEQUENCES OF HIS GUILTY PLEA. In support of his contentions, defendant cites to Mitchell and … made by PCR counsel in the brief filed on his behalf in support of his petition. However, there is no evidence in …
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… that . . . there should not be [access to] guns." In support of their conclusion, the doctors described Josh's … court's legal conclusions, but must uphold factual findings supported by substantial credible evidence. In re J.W.D., … Super. 172, 188- 89 (App. Div. 1993)). A trial court's determination is subject to greater scrutiny when it fails to …
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… is completely out of time without any basis suggesting, supporting any extraordinary circumstances." The judge … rejected Dr. de Stefan's report as an insufficiently supported net opinion and Dr. Nochimson's report as too … provided the objective clinical evidence necessary to support a finding of a permanent injury. See …
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… February 14, 2016, her husband disengaged from her and the children. She testified "[t]hat incident fundamentally … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. The party who challenges the … we will affirm an agency's findings of fact if "supported by adequate, substantial and credible evidence." …
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… Division of Unemployment Insurance (Division) issued a determination reducing his weekly benefit from $713 to zero … On July 31, 2020, Fox appealed the Division's offset determination at a telephonic hearing before a New Jersey … only if it is arbitrary, capricious, unreasonable, unsupported by substantial credible evidence as a whole, or …
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… continued reliance on our decision in Suarez for support is misplaced. Suarez did not deal with the issue … regard, he did not consider much of defendants' evidence in support of summary judgment that asserted while plaintiff … he eschewed the opportunity to make specific credibility determinations regarding plaintiff's testimony. However, "[t]o …
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… hearing. Judge Ravin concluded the trial evidence supported the carjacking conviction as the victim's leg … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … 2 We disagree as defendant's arguments are factually unsupported by the record and legally meritless. Here, …
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… case." He also noted the Estate had limited evidence to support its contention the transfer of shares from Amratlal … evidence offered at a trial would likely result in a determination that Amratlal's transfer of shares to Bharat was … Estate's interest in the Burlington County litigation. In a supporting certification, the Administrator explained the …
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… . . [the witness], whom provided a handwritten statement in support of this PCR petition, would have testified that at … of the crime when the alleged murder happened. . . . In support of his alibi claim, the defendant provided only a … because he was coerced to waive his right to testify is not supported by the record, it is without merit, and as such, …