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… capricious or unreasonable, or that it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, 482 … for that of the agency's when "substantial credible evident supports [the] agency's conclusion[.]" Greenwood v. State … when she began her DOC training. The evidence amply supports the CSC's decision to remove McNair from …
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… AT THE END OF THE STATE'S CASE, AS THE EVIDENCE TO SUPPORT A CONVICTION WAS SO SCANTY AND UNRELIABLE AS TO … N.J.S.A. 2C:43-7 (Partially Raised below). A. THE COURT'S DETERMINATION THAT THE SECOND DEGREE CONSPIRACY VERDICT WAS AN … OFFENSE UNDER N.J.S.A. 2C:24-9(b) WAS ARBITRARY AND NOT SUPPORTED BY THE RECORD. B. WHERE THE SECOND DEGREE …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… in his will. To interpret the [PSA] in a [manner] that supports the plaintiff's position would be grossly unfair to … findings made by a trial judge "are binding on appeal when supported by adequate, substantial, credible evidence." Id. … received from his disposition of a marital asset was supported by a plain reading of the language negotiated by …
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… explained how the facts underlying defendant's offenses supported each of these factors. 1 When defendant was … the prosecutor's rejection of his PTI application. In a supporting brief, he argued that "[t]he State must explain … files; rather, defendants seeking such discovery must first support their claims by independently secured evidence. …
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… (1993)). Our review of a trial court's factual findings in support of granting or denying a motion to suppress is … review is limited to determining whether such "findings are supported by sufficient credible evidence in the record." … However, we review issues of law de novo. Id. at 380. The determination of whether the State has satisfied its burden of …
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… MADE BY THE TRIAL COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE HEARING. We agree … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … that the victim actually made a dying declaration. "To support a defense argument that the prosecution has not …
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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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… interest in the three lots, which plaintiffs argue supports their action for ejectment. Plaintiffs appeal from … justifying an ejectment action against defendant. In support of their cause of action for ejectment and trespass, … the conservation restriction for the three lots adds no support to plaintiffs' contention that the ACO is not …
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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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… Summary 3 A-1244-16T2 judgment should be denied when determination of material disputed facts depends primarily on … there's . . . absolutely not a shred of evidence in here to support the allegations of [plaintiff]. There are no … sitting as a factfinder at trial – was an inappropriate determination of his credibility. At trial in the Chancery …
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… appellate record the certification she presumably filed in support of her motion to vacate the default judgment. We … and lack of alimony. Turning to defendant's arguments in support of her motion to vacate the default judgment, the … to the sound discretion of the trial court, whose determination will be left undisturbed unless it results from …
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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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… plaintiff moved for summary judgment, filing its brief supported by bill statements for the period from February … parties; and claimed that all defendant's certifications supporting its arguments were inadmissible hearsay. She also … court abused its discretion in denying her motions is not supported by the record. These arguments are without …
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… court's factual and credibility findings provided they are supported by sufficient credible evidence in the record. … We concluded where there is credible record evidence to support such a conclusion, "it [may be] reasonable for an … We disagree. The evidence adduced at the hearing supports the motion judge's findings that Kamieniecki's …
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… 6, 2015 order allowing the Attorney General to appear in support of defendants' motion to dismiss and from the order … of interest and to participate in oral argument in further support of defendants' motion. Judge Michelle Hollar- … allow the State to appear as an interested party in further support of defendants' motion. The appearance was not an …
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… contention: BECAUSE PROBABLE CAUSE DID NOT EXIST TO SUPPORT EXPANSION OF THE SEARCH OF THE PASSENGER COMPARTMENT … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … motor vehicles has long been cited as one of the rationales supporting the creation of the automobile exception. Witt, …
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… was entitled to withdraw his guilty plea because it was not supported by an adequate factual basis; (2) he was entitled … PCR and other relief. The judge found defendant's plea was supported by a proper factual basis as his responses to … our review of the record that defendant's guilty plea was supported by an adequate factual basis. Defendant answered …