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… petition. Appointed counsel filed a supplemental brief in support of defendant's petition. Defendant raises the … we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … that had he done so, Nadeau would have exonerated him. In support of this claim, defendant presents Nadeau's affidavit …
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… [d]efendant had that the police mishandled the evidence" supporting the State's case. When a defendant "claims his … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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… trafficking ring in the Commonwealth of Pennsylvania." In support of that claim, she attached a news article from … 14, it entered an order granting defendant's motion, supported by a written opinion. The court determined "[t]he … and decompensation, is not unusual. With appropriate support and services society will benefit from channeling …
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… physicians who testified, only Dr. Pass's opinions were supported by clear and convincing evidence and by "objective … court from entertaining any of the substantive issues for determination." EnviroFinance Grp. v. Env't Barrier Co., 440 … Rule 4:86 and legal precedent. Because the record fails to support Kreizman's uncorroborated assertions regarding …
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… interpretation of how the raw data it previously provided supported its decision to omit the last ten questions in … reasoning "the raw data supplied by the Commission to support its decision was indiscernible, lacking 4 A-1777-23 … rather than with all candidates." Ibid. We conclude Rox supports petitioners' appeal. The Commission's decision to …
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… The allegations made in [plaintiff]'s [c]omplaint support and constitute the valid cause of action asserted. … alleged by [plaintiff] are palpably sufficient to support a claim which relief can be granted. The [c]omplaint … N.J. 492, 502 (2008). Accordingly, "[t]he trial court's determination . . . warrants substantial deference and should …
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… the weight of the evidence. We noted strong evidence supported the jury's verdict, rejecting defendant's claims … Brown II, slip op. at 2. We concluded "[t]he record amply support[ed] the PCR judge's findings and conclusions." Id. … was unconstitutional; the search warrant was not supported by probable cause; the court failed to mandate …
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… finding that it breached the loan commitment was not supported by the evidence presented at trial and "should be … credible evidence in the record to support the judge's determination that defendant breached the loan agreement. … the loan was credible, and we defer to that credibility determination. Thus, we affirm Judge Gibson's May 1, 2014 …
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… opinion. The court found that the verdict was "firmly supported by the evidence adduced at trial." In addition, … 2, 6 (1969)). "On a motion for a new trial, all evidence supporting the verdict must be accepted as true, and all … warranted. As the judge found, the jury's verdict was amply supported by the evidence, and the verdict was not in any …
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… POINT II THE TRIAL COURT ERRED IN ITS CREDIBILITY DETERMINATIONS AND ITS FACTUAL FINDINGS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT III THE TRIAL COURT … of the evidence is testimonial and implicates credibility determinations. Id. at 412. We do not disturb the judge's 11 …
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… violation of his right to a speedy trial. We disagree. A determination by a trial judge whether defendant was deprived … defendant failed to satisfy the other Barker factors in support of his speedy trial motion. There is no bright light … that the Barker factors weighed in favor of the State and supported denial of defendant's speedy trial motion. …
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… assertion" because defendant did not provide evidence in support of this claim. In addition, the PCR court found … of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… assertions of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. … statement "based upon personal knowledge of the declarant," supporting "[a]ny factual assertion that provides the … the State's proofs. Moreover, defendant failed to support his PCR claim with any affidavits or certifications, …
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… file a timely petition was "due to excusable neglect." In support, defendant averred, "he was unaware of his right to … could not show that any "error played a role in the determination of guilt." The judge explained: New Jersey … outcome or when inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of …
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… his services via the internet to solicit business. To support that claim, plaintiff attached copies of an NYU … factual findings concerning jurisdiction if they are supported by substantial credible evidence. Ibid. Moreover, … had engaged in such advertisement. That contention is not supported by any specific facts such as the nature of the …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … the following limits on liability provisions: 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a … "a reasonable examination of the title" so as to make "a determination of insurability of title in accordance with …
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… that the findings and conclusions of the Law Division are supported by sufficient credible evidence, our "task is … cause existed for defendant's arrest for DUI was well supported by the record. Defendant's demeanor, slurred … also ample evidence in the record to support the judge's determination beyond a reasonable doubt that defendant …
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… generated the Court’s decisions in Crawn and Schick do not support the application of a recklessness standard here. The … will exercise reasonable care when in charge of their children. (pp. 6-9) AFFIRMED and REMANDED to the trial court … conduct. Plaintiff appealed, challenging only the judge’s determination that a recklessness standard applied to …
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… POINT I [THE] DISMISSAL SHOULD BE VACATED DUE TO THE UNSUPPORTED RES JUDICATA BASIS FOR DISMISSAL AND THE IMPROPER … REMAND. POINT VII PLAINTIFF['S] EXTENSIVE ARGUMENT SUPPORTING STANDING AND [THE] JUDGE . . . CITING NO LEGAL … 100, 106 (App. Div. 2005)), including the trial court's determination to dismiss based on lack of standing, 12 …
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… of healing." Dr. Okin then attempted to provide further support for his opinion, when he added, "Also, the mechanism … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … that Dr. Okin's net opinion testimony impacted the jury's determination of the critical issue in the case, a new trial …