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… plea offer and going to trial. In his certification in support of his present PCR petition, defendant contends that … submitted a separate certification from his mother in support of his contentions that he had not seen the full MVR … FOR THE REASONS SET FORTH IN DEFENDANT'S PRO SE BRIEF IN SUPPORT OF HIS PETITION. REPLY POINT ONE THIS MATTER SHOULD …
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… as there is sufficient credible evidence in the record to support the judge's findings. State v. Elders, 192 N.J. 224, … the seizure of the bag was inadvertent. The record amply supports the judge's findings. The third factor deserves … "not address the additional arguments raised by counsel in support of this motion," including the State's contention …
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… criminal history, and failed to call witnesses who may have supported defendant's claim of self-defense. PCR counsel … counsel's lack of investigation or preparation are unsupported by specifics. See State v. Porter, 216 N.J. 343, 355 (2013) (holding the petition must be supported by "specific facts and evidence supporting …
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… CI privilege does not apply because there is no evidence to support that either occupant "was an active participant in … disclosure of his identity is essential to assure a fair determination of the issues." N.J.R.E. 516. Where the defense claims disclosure is essential to a fair determination of the issues, a court must balance "the public …
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… the victim's opposition. The prosecutor agreed with that determination, likewise denying defendant's admission into the … participation in supervisory treatment. 4 A-3624-16T3 In support of her contentions, defendant argues her personal … eighteen. She is a single mother and sole provider for four children, one with special needs. Defendant thus claims …
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… oral opinion. The findings and conclusions of the judge are supported by substantial, credible evidence in the record. … Both witnesses had sufficient personal knowledge to support their testimony at trial. N.J.R.E. 602. With respect … note and rejecting defendant's rescission claim was supported by substantial, credible evidence in the record. …
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… limited to comparing MRIs of plaintiff's two shoulders in support of his position that there was no permanent injury … fair. Before us, plaintiff reiterates the arguments made in support of her motion for a new trial. We affirm. … to a comparison of the MRIs of plaintiff's shoulders to support his opinion that the condition in her left shoulder …
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… he heard the mother testify and he stated her testimony supported his opinion R.V. was not able to function safely … assistance of others who are willing and available. This determination shall take into account a person's history, … for involuntary commitment, the State's application must be supported by the oral testimony of a psychiatrist. R. …
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… that the sidewalk slab was raised, there was no evidence to support the imposition of liability on defendant. The judge … that existed in June 2015 when plaintiff fell. In further support of her argument that the trial court erred by … was a problem." This is not, however, evidence that would support an inference that the roots of the tree on …
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… decisions applies to our review of the Parole Board's determinations. Trantino v. N.J. State Parole Bd. (Trantino … release must be considered arbitrary if they are not supported by a preponderance of the evidence in the record. … in assessing your case, the Board concurs with the determination of the Board panel that, based on the aggregate …
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… the ALJ found that Kiziee, her husband, and their three children were directed in writing, as well as given verbal … chapter. Said notice shall be issued immediately upon the determination of the displacing agency that displacement shall … or unreasonable; or (3) the decision was not 8 A-2284-17T4 supported by substantial evidence." In re Virtua-West Jersey …
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… the relevant factors. Rather, we review the trial court's determination for an abuse of discretion that renders its … and because the court is sometimes making credibility determinations about witness testimony." State v. Tate, 220 … Notably, defendant presented no expert evidence to support a claim that her mental status was responsible for …
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… suppression of the evidence because "there was ample support for the warrant." Id. at 22-23. In the PCR petition … he concluded "[t]here is no evidence in this record to support any claim of innocence." Moreover, he found plea … unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 …
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… to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … whether the record contains substantial evidence to support the findings on which the agency based its action; … is sufficient credible evidence in the record as a whole supporting the Commission's decision, Rule 2:11-3(e)(1)(D), …
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… capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … 192 N.J. 19, 27-28 (2007)). "[I]f substantial evidence supports the agency's decision, 'a court may not substitute … down. We conclude the Board's final decision "lacks fair support in the record," warranting its reversal. Allstars …
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… comprehensive and well-reasoned written decision, which "is supported by sufficient credible evidence on the record as a … give context to the TCC's decision. Our review of agency determinations is limited. In re Stallworth, 208 N.J. 182, 194 … court . . . should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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… condition. Straub disagreed with the Board's initial determination, so the matter was transmitted to the Office of … ensued. The sole issue before us is whether the record supports the Board's findings, as adopted from the ALJ's … Our scope of review of an administrative agency's final determination is limited. In re Herrmann, 192 N.J. 19, 27 …
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… sister, the parties' son, U.H., and plaintiff's two other children. The judge also imposed a civil penalty of $500, … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … have adjourned the trial if necessary.2 In fact, the record supports the conclusion that the parties were before the …
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… spine over time, not from the incident. The doctor found support in x-ray images from 2006 that revealed lower … 1 In addition, the Board's decision "rejected the [ALJ's] unsupported finding that [] Gibson's injury is a consequence … Further, although not necessary to the decision given the determination that Gibson was not sufficiently disabled, the …
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… Div. of Law, 400 N.J. Super. 61, 70 (App. Div. 2008). The determinations and findings of an administrative agency will … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … (2004). 4 A-5089-14T2 Appellant first contends GRC's determination that the report is exempt from disclosure is …