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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 …
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njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … the information provided to the police was not adequate to support the issuance of a search warrant. Ibid. However, we … including those concerning credibility, because they "are supported by sufficient credible evidence in the record." …
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njcourts.gov
… condition, and the court therefore erred in its initial determination that expert testimony was required. The court … or construction defect, without some form of evidentiary support, will not defeat a meritorious motion for summary … allegation the step-down is approximately twelve inches is supported by the photograph that was considered by the …
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njcourts.gov
… to PCR that cannot be resolved based on the existing record supported by "specific facts 8 A-2007-16T4 and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … eight years later on September 16, 2015. The record amply supports Judge Blaney's conclusion that defendant has not …
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njcourts.gov
… PCR petition if he or she establishes a prima facie case in support of the petition. R. 3:22-10(b). To establish a claim … 42, 58-59 (1987). Defendant has presented no evidence in support of his contention that his trial counsel ignored his … has simply presented bald assertions, without factual support. Such unsupported assertions do not establish a …
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njcourts.gov
… On appeal, Thomas argues: 1) the Board's findings are not supported by substantial credible evidence; and 2) the Board … from a final agency decision is deferential. An agency determination should not be reversed "unless it is arbitrary, … and hear the testifying witnesses to render credibility determinations. State v. Locurto, 157 N.J. 463, 471 (1999). …
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njcourts.gov
… Consider N.J.S.A. 2C:43-12e(6), Even Though There Was Ample Support In The Record To Support That Factor. The principal issue before us is … (1974)). 7 A-5456-14T4 The first and often "pivotal" factor supports retroactivity when the purpose of the rule is to …
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njcourts.gov
… Defendant's counsel again elicited a factual basis supporting defendant's guilty plea. Specifically, defendant … unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 … Indeed, the transcript of the plea colloquy does not support defendant's claims that he misunderstood the …
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njcourts.gov
… and defendant failed to meet his burden of proof to support his counterclaim of adverse possession. The court … other non-jury case, are entitled to our deference "when supported by adequate, substantial and credible evidence." … substantial and credible evidence in the record to support the relief ordered by the trial court. In addition …
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njcourts.gov
… months of parole ineligibility. In our review of a determination on a motion to suppress, we must uphold the … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record. … we only reverse a decision when the trial court's determination is "so clearly mistaken 'that the interests of …
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njcourts.gov
… Insurance Co., Inc., 79 N.J. 257 (1979) (DiOrio II), support his argument. Plaintiff argues the judge instead … the father could use the vehicle, the Court found ample support that the company-owned car was furnished to the … 1972), we rejected the motion judge's summary judgment determination that the plaintiff bus driver was not furnished …
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njcourts.gov
… comments by him, his mother, and trial counsel to support his claim that mitigating factors should have been … obtained in prison after his initial sentencing to support his mitigating factors argument is equally without … merit. He has not shown how these accomplishments would support a reasonable probability that his sentence would …
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njcourts.gov
… R. 4:64-2(c)(2) (expressly authorizing proofs submitted in support of a foreclosure by affidavit or certification … produce sufficient and competent evidence to reasonably support a verdict in its favor. Id. at 535–36; see also … Rule 4:5-4 requires that all affirmative defenses be supported by specific facts. Parties must respond with …
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njcourts.gov
… He and his wife Anne, who died in 1985, had five children. Four of the five – Daniel Piszczatoski, Debra … of a bench trial "are considered binding on appeal when supported by adequate, substantial, and credible evidence." … wrongly, decedent believed that, except for defendant, his children sided with his deceased wife's relatives in seeking …
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njcourts.gov
… DIVISION SHOULD REMAND THIS CASE TO THE TRIAL COURT FOR A DETERMINATION OF WHETHER [PLAINTIFF] WAS COMPETENT TO PROCEED … for a mood and anxiety disorder, and was on medication and supportive psychotherapy." Neither plaintiff nor her counsel … freighted use of parts of the trial transcript to support her contention that she was "rambling," "not …
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njcourts.gov
… professional planner testified on behalf of plaintiffs in support of variance relief. The planner testified that … "[a] court should sustain a local zoning board's determination to grant a zoning variance if that board's … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, …
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njcourts.gov
… "if a defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 … have already 10 A-2219-17T1 found that the record does not support that claim, the first factor under Slater has not … been satisfied. Moreover, none of the other Slater factors support defendant's arguments to withdraw his guilty plea. …
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njcourts.gov
… filed; the note was not endorsed to BOA; the certification supporting the motion for summary judgment was not based on … note and mortgage, or his June 2010 default, and the record supports BOA's standing to foreclose, summary judgment was … 26, 2014. We agree with the judge that the certification, supported by the business records attached, established …
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njcourts.gov
… limited and highly deferential. If the agency decision is supported by sufficient credible evidence in the record and … re Warren, 117 N.J. 295, 296 (1989)). In making our determination, we must examine: "(1) whether the agency's … conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; …
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njcourts.gov
… will left her estate, after expenses, to her three adult children: Patricia Commins, Paula O'Shea, and James O'Shea.1 … exempt; (4) the attorney's fee award was excessive and unsupported; and (5) the commissions were excessive. The court … was renting for $2000 at that time. In short, the evidence supported the court's approval of $2000. With one minor …