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njcourts.gov
… has merely put forth – put forth his own evidence to support the contention. He has not provided the Court with an affidavit from [the doctor] or trial counsel to support the contention. Furthermore, even if the Court were … 129 N.J. at 462–63. However, that principle does not support defendant's suggestion that in making an evidentiary …
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njcourts.gov
… State Interscholastic Athletic Association's ("NJSIAA") determination petitioner had violated the NJSIAA's … unless it is arbitrary, capricious, unreasonable, or unsupported by substantial credible evidence in the record. In … is neither arbitrary, capricious, unreasonable, nor without support in the record, we affirm. The NJSIAA is "an …
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njcourts.gov
… WOULD HAVE BEEN FOR THE BEQUEST TO GO TO [ANJ] IS NOT SUPPORTED BY ADEQUATE, CREDIBLE, AND SUBSTANTIAL EVIDENCE. … contacts with the national organization, the record supports the conclusion that an ambiguity existed as to … beneficiary was probably intended to be ANJ is well supported by the credible evidence in the record. See id. at …
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njcourts.gov
… judge rejected defendant's argument that the dashcam video supported his contention that Devito did not see the gun … we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … video. We decline to do so. We will defer to the judge's determination that Devito's explanation of his actions was …
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njcourts.gov
… it's not a violation. The photographs don't seem to support that. The [photographic] evidence . . . admitted . . … there is sufficient credible evidence in the record to support it. State v. Johnson, 42 N.J. 146, 162 (1964). … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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njcourts.gov
… counsel's brief and appendix. Defendant's certification in support of his PCR petition alleged that when he 2 N.J.S.A. … the withdrawal of this motion. Defendant's allegations are supported only by self-serving assertions and bare … with his services to you, sir? A. Yes. Defendant's unsupported assertions now that his attorney did not discuss …
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njcourts.gov
… it is "arbitrary, capricious or unreasonable," or is unsupported "by 6 A-0291-18T1 substantial credible evidence in … a single finder of fact receive all the evidence and make determinations based on all of the proofs." Ratti v. Dep't of … evidence as a reasonable mind might accept as adequate to support a conclusion,' and 'evidence furnishing a reasonable …
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njcourts.gov
… OF THE PAROLE BOARD WAS ARBITRARY AND CAPRICIOUS, AND NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT II THE PAROLE BOARD … 30:4-123.53(a) (1982). 5 A-0191-18T1 In making its determination, the Board must consider all pertinent factors, … factors. The detailed reasons given by the Board in support of its decision show that it 8 A-0191-18T1 …
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njcourts.gov
… investigation by trial counsel would have revealed to support his claim that he fired gunshots at the fleeing … we agree with the State that his brief makes no argument to support the assertion. Thus, the argument is 9 A-1552-17T3 … affidavits, certifications, or other competent evidence to support the contention that his plea colloquy was …
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njcourts.gov
… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … lack of enforcement did not act as a permanent estoppel. In support of that position, the trial court noted that the … the conditions of the 1994 variance. 10 A-0662-17T3 In support of its argument for equitable estoppel, Belmont …
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njcourts.gov
… decision affirming the Appeal Tribunal's August 25, 20171 determination that she was disqualified for unemployment … N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … hearing. If this was, in fact, the basis for the Board's determination of good cause, we conclude it does not support a …
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njcourts.gov
… (DOC), appeals from the agency's August 27, 2018 final determination upholding a hearing officer's decision … arbitrary, capricious, or unreasonable, or 8 A-0464-18T1 unsupported by substantial credible evidence in the record as … to support the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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njcourts.gov
… for PCR did not contain "one iota of documentation" supporting a diminished capacity claim, the judge concluded … to introduce a bald assertion of diminished capacity, unsupported by any actual evidence." Judge Jimenez next … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… Board to determine whether the police report submitted to support her claim for an exemption under N.J.S.A. 43:21-5(j) … 28th, in the middle of the night" she, her son and her grandchildren "packed up and . . . left [her] home" because her … benefits under the statute." The Tribunal affirmed the determination of the Deputy, concluding that because Moore …
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njcourts.gov
… by the police, providing them with information that supported defendant's arrest and prosecution. At trial, the … 803(a)(1). He therefore claims these refusals to speak supports an evidential inference that defendant was not, in … by defendant. The cases cited in defendant's brief to support his argument are unavailing. For example, in State …
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njcourts.gov
… fellow inmate Vincent Heredia. Defendant and Heredia were childhood friends and it was alleged defendant picked up … such a verdict, a reviewing court must respect a jury's determination." State v. Afanador, 134 N.J. 162, 178 (1993). … aggravating and mitigating factors conflict and not supported by the record. As long as the sentence is based on …
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njcourts.gov
… hoodie. Based on his nineteen years of experience and his determination that the driver of the Pontiac fit the … not disturb the trial court's decision so long as it is "supported by sufficient credible evidence" and not "so … the anonymous tip, and therefore, it was insufficient to support a warrantless stop of his car. The United States and …
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njcourts.gov
… 366, 378 (1995). Applying this standard, the record amply supports the summary judgment order. The judge concluded the … concerning all of defendants' contentions are fully supported by the record and, in light of those facts, her … or "matters of great public interest" such as to support a finding that the interest of justice compels our …
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njcourts.gov
… his custodial statement. There is nothing in the record supporting a finding defendant's decision to speak to police … of matters previously adjudicated), but also, the record supports the voluntariness of defendant's statements, making … failures, and none of these accusations are explained or supported. The PCR judge identified record citations that …
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njcourts.gov
… of only those mitigating factors for which there is ample support in the record). Defendant thereafter filed a timely … assistance of counsel. In a supplemental brief in support of the petition, PCR counsel argued the court … that claim as well. Defendant has not appealed from that determination. 6 A-3983-14T3 not "illegal" was not subject to …