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… is narrow; we will defer to a trial judge's findings when supported by evidence in the record, "give utmost deference … Instead, we conclude that all the judge's findings are supported by testimony he was entitled to credit, that these …
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… 229, 234-35 (1973). Defendants' remaining arguments are not supported by the record1 and are without sufficient merit to … defendants' purported citations to the record either do not support their factual assertions or are references to the …
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… also in the package. An adjudication of guilt must be supported by substantial evidence. McDonald v. Pinchak, 139 … were extended to LeCompte, the agency decision was supported by the record, and the DOC's decision was not …
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… trial, we defer to a trial judge's factual findings, if "supported by adequate, substantial and credible evidence." … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Further, "particular deference" attaches to credibility determinations, RAB Performance Recoveries, LLC v. George, 419 …
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… a reduction in alimony were insubstantial or simply lacked support. For example, the judge pointed out that Michael … The judge quite correctly found this testimony could not support the claim of changed circumstances because the $800 … explaining why he found unworthy of belief Michael's unsupported claim that his repair business had declined …
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… CLAIMS FOR WHICH HE ESTABLISHED A PRIMA FACIE CASE IN SUPPORT OF THE INEFFECTIVE ASSISTANCE OF COUNSEL. We … hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
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… the absence of DNA evidence to attack the State's case. In support of defendant's PCR petition, his PCR counsel … by the PCR judge. We add these comments. The trial record supports a conclusion that trial counsel refrained from …
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… [we] would come to the same conclusion if the original determination was [ours] to make, but rather whether the … 79 (App. Div. 1985)). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are obliged … Co., 54 N.J. 113, 117 (1969)). We overturn an agency determination only if it is arbitrary, capricious, …
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… is unconstitutionally denying him access to the courts. In support of his argument, he cites Feeley v. Sampson, 570 … (explaining the need for legally competent evidence to support a PCR petition) (quoting State v. Cummings, 321 N.J. …
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… affirm the Board's decision unless it was unreasonable, unsupported by credible evidence in the record, or contrary to … "broad but not unlimited discretionary powers," and its determinations are "judicially reviewable for arbitrariness." … the Board denied parole for numerous other reasons amply supported by the record. The Board denied Ries parole …
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… and obstruction charges. We disagreed, finding "ample support" in the record for the Law Division judge's … affirming the conviction for simple assault as it was not supported by the record. The Supreme Court only remanded for …
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… POINT III: THE LACK OF FOUNDATIONAL DOCUMENTATION SUPPORTING THE ALLEGED CONTROLLED BUY, AND CONFLICTING … We also conclude there was sufficient credible evidence to support Judge Reed's findings that no strip search occurred, …
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… a written opinion. R. 2:11- 3(e)(1)(D). There is abundant support in the record for a conclusion that there is "a … the presumptive twenty- month FET imposed by the Board is supported by the record and is neither arbitrary or …
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… petition. After counsel was assigned, a brief was filed in support of the petition. Defendant filed a pro se … FAILED TO INVESTIGATE AND CALL RELEVANT WITNESSES TO SUPPORT THE DEFENSE RESULTING IN INEFFECTIVE ASSISTANCE OF …
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… was arbitrary, capricious, or unreasonable, or lacked the support of "substantial credible evidence in the record as a … was ineffective, and the competent evidence did not support the disciplinary charges. A finding of guilt at a …
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… "[A]n appellate court will not disturb the ultimate determination of an agency unless it was arbitrary, capricious, or unreasonable or it was not supported by substantial credible evidence in the record as … he violated *.803/*.205 were arbitrary, capricious, and not supported by substantial, credible evidence. We reverse. … …
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… Stuyvesant, LLC. On appeal, she raises numerous arguments supporting her overarching contentions that she did not … on January 30, 2019. Moreover, defendant's contention is supported by the fact that there is no evidence that a stay … Div. 1999)). "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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… A judge's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." Id. … factual findings unless convinced "they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … satisfied that the evidence amply supported the judge's determination that plaintiff failed to establish by a …
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… representations, he did not reside in New Jersey. To support that contention, the State points out Danzi's … represented, that Danzi was retired⸻a finding that remains supported by credible evidence. Affirmed. … IN THE MATTER OF …
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… SHOULD NOT HAVE BEEN DISQUALIFIED FOR BENEFITS. In support of her argument, Kuharets summarily states her … in the Appeal Tribunal's cogent written decision, which "is supported by sufficient credible evidence on the record as a …