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… defendant failed to submit an affidavit or certification to support them. Defendant has yet to explain what exculpatory … OF NEW PCR COUNSEL TO INVESTIGATE AND PRESENT EVIDENCE IN SUPPORT OF HIS PCR PETITION 6 A-2161-19 Because we affirm … be remanded for the appointment of a new PCR counsel. In support of that contention, defendant attributes his failure …
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… 2016. Because there is credible evidence in the record to support the Board's determination that Liu was ineligible for benefits during that … The Division is directed to withhold making an initial determination until "all necessary information" is obtained. …
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… [JOHN] AT PALISADES [CENTER], WHICH WERE RELEVANT TO AND SUPPORTIVE OF DEFENDANT'S SELF-DEFENSE CLAIM. POINT II: … brought the gun; the question is whether this evidence supports defendant's affirmative defense. Defendant … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; State v. Williams, …
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… consideration. You may not use this testimony in your determination of the defendant's guilt or innocence of these … and that the extended term was mandatory. The record supports the State's claim that defendant knew, prior to the … have been followed, if competent credible evidence supports each finding of fact upon which the judge based the …
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… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. … are convinced the trial judge's findings are overwhelmingly supported by the record, including his finding that each of … Id. at 690. There is sufficient evidence in the record to support the denial of a PCR hearing on defendant's Presley …
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… how a pimp "breaks a girl," that evidence was not used to support a promoting prostitution charge; rather, it was used … 417 N.J. Super. 34, 37 n.2 (App. Div. 2010). The same facts support our refutation of defendant's argument that … factor eleven, N.J.S.A. 2C: 44-1(b)(11), but offers no support for his bald assertion that it should have been …
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… "[t]here is nothing in the record to 5 A-3559-17T4 support [M.H.'s] claim of separation." In addition, the ALJ … recommendation. The Director agreed with ALJ Calemmo's determination M.H. failed to provide the information necessary … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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… the Estate's counsel filed a certification of services in support of the Estate's request for attorney's fees and … upkeep of the property until its sale. The judge stated his supporting findings of fact and conclusions of law in a … upon positions that [were] neither factually nor legally supportable." 9 A-1333-17T4 Lipka filed his motion for …
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… into his office to sign some papers, page by page, does not support any manifestation of an intent to waive such rights, … or coercion. Either way, these facts 8 A-2023-19T1 do not support a finding of waiver according to Atalese [v. U.S. … from plaintiff and Mazandarani, and made credibility determinations. In denying the motion to compel arbitration, …
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… ITS ENTIRETY. II. ALJ FRITCH['S] FACTUAL FINDINGS ARE NOT SUPPORTED BY REASONABLY CREDIBLE EVIDENCE IN THE RECORD. … to an "agency's interpretation of a statute or its determination of a strictly legal issue," which is reviewed de … 90 N.J. 550, 561 n.1 (1982). The ALJ made credibility determinations to which we defer. "As a general rule, the …
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… to Rule 1:10-3 to enforce litigant's rights. The motion was supported by a police report stating that on October 18, … by not dismissing Fainman as a defendant; (4) made an unsupported finding that Roe had not verbally issued a permit … interest (not raised below). II. "Our review of '[f]inal determinations made by the trial court sitting in a non-jury …
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… N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … petition and another panel of this court affirmed that determination. Id. at 14-18. 10 A-3660-19 (B) In the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… OF "NOT GUILTY" ENTERED AS THE FACTUAL RECORD DOES NOT SUPPORT THE LAW DIVISION JUDGE'S DETERMINATION THAT DEFENDANT OPERATED HIS BROTHER'S VEHICLE OR … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… because the allegations underlining the petition were not supported by any credible factual basis and were hearsay. In … Prosecutor, 171 N.J. 561, 571 (2002)). Attorney's fees determinations will be disturbed "only on the rarest of … rule, we discern no basis to disturb the motion judge's determination that the inclusion of such a request does not …
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… issue, but remand for the DOC to provide more detailed support for its decision to apply 481 days in jail credits. … unless it is arbitrary, capricious, or unreasonable, or unsupported by substantial credible evidence in the record. … transcript of defendant's sentence, however, provides no support for his claim, as the sentencing judge clearly …
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… . . . [H]e never used a gun on anyone . . . , myself or my children, never threatened me with one. However, they were … for political office and placed a campaign sign in support of his candidacy on the lawn in front of his house. … public health, safety, or welfare." The judge made his determination after "careful consideration of both the …
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… evidence, finding the evidence was in equipoise. "Final determinations made by [a] trial court sitting in a non-jury … 'unless we are convinced that they are so manifestly unsupported by[,] or inconsistent with[,] the competent, 9 … 216 N.J. 168, 182 (2013)). A trial court's credibility determinations are also accorded deference because the court …
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… ADJUDICATORY HEARING LACK SUBSTANTIAL CREDIBLE EVIDENCE TO SUPPORT THE DECISION OF THE [DEP]. POINT II 1 The … Prison, 81 N.J. 571, 579-80 (1980)). When making that determination, we consider: (1) whether the agency's action … bound by the agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Carter, 191 …
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… "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an … the facts or data need not be admissible in evidence. A determination on the admissibility of expert evidence is … in a civil case if "it derives from a reliable methodology supported by some expert consensus." Suanez v. Egeland, 353 …
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… in Judge James J. DeLuca's comprehensive written decisions supporting each of his rulings. The judge extensively … of these entities. Judge DeLuca also found the lease was supported by adequate consideration. "Consideration is the … by 13 A-0893-20 the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …