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… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … However, we conduct a de novo review of a PCR judge's determinations based on his/her legal conclusions. Ibid. When … "mixed questions of law and fact" we defer "to the supported factual findings of the trial [judge]" but we …
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… was a clear hardship under N.J.S.A. 40:55D-70(c)(1) which supported the approval of the variances Baker sought in his … holding that the Board's findings and conclusions were supported by the evidence and were not arbitrary, … THE . . . BOARD'S SUBDIVISION AND THE GRANT OF VARIANCES IS SUPPORTED BY ADEQUATE PROOFS IN THE RECORD. "[W]hen …
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… decision was arbitrary, capricious, unreasonable, and unsupported by substantial credible evidence. She also avers that the Board's credibility determinations were unsupported or "directly contradicted by" … year or term." Heidel filed a notice of appeal from that determination and the matter was scheduled for a telephonic …
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… In light of a Probate judge's broad powers, we review a determination made by that judge for an abuse of discretion. … Ins. Co., 202 N.J. 369, 382-83 (2010). Rule 4:86-1 to -12 (supported by N.J.S.A. 3B:12-24 to -29), sets forth the procedures to be followed to obtain a judicial determination of an individual's incapacity and to secure the …
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… WHEN THEY DID NOT ARGUE THERE WAS NO PROBABLE CAUSE TO SUPPORT THE ISSUANCE OF A WARRANT TO SEARCH DEFENDANT'S … and defendant's truck, established ample probable cause to support the issuance of the search warrants. Neither trial … for failing to challenge the veracity of the affidavit in support of the search warrants under Franks v. Delaware, 438 …
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… "[F]indings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … unless [it is] convinced that they are so manifestly unsupported by or inconsistent with the competent , relevant … forth in [N.J.S.A. 2C:25-19(a)] has occurred." Ibid. This determination is made "in light of the previous history of …
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… The trial court provided the following explanation in support of her ruling: First we have the inside of the bar … Under these circumstances, there was no rational basis to support a passion-provocation manslaughter charge. III. We … of the applicable sentencing factors. The record fully supports the sentence imposed. The trial court's findings as …
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… Court to permit plaintiff to provide additional facts in support of her federal claims. Covington v. Int'l Ass'n of … complaint for a third time. In a memorandum of opinion in support of his decision, the Magistrate Judge first … School District], would in turn want to shift the evidence supporting their defenses, to include other women with whom …
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… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … an hour prior to police arriving. Thus, we find no basis to support defendant's contention that police ordered the 13 …
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… 3:8-3: Representation by Public Defender (a) Application; Determination; Referral. The criminal division manager's … court will uphold a PCR court's factual "findings that are supported by sufficient credible evidence in the record." … a second petition for PCR). Nevertheless, a PCR court's determinations of law are given no deference and are reviewed …
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… out." [Id. at 6-7.] Defendant's PCR petition and his supporting certifications alleged ineffective assistance of … because defendant did not "present a prima facie case in support of his claim that counsel was ineffective." On … this claim. The record shows defendant's allegations were supported only by self- serving assertions and bare …
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… reported that her efforts to obtain J.T.'s bank records in support of the application had failed because the bank … ALJ's recommendation. The Director agreed with the ALJ's determination J.T. "failed to provide the needed information … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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… to permit her expert to testify about the methodologies supporting his opinion. Plaintiff also appeals another … the mold" in 8 A-5521-17T3 plaintiff's townhouse. To support its argument, defendant cited Cannon's deposition … causation based upon a "cumulative theory of exposures." To support her theory, plaintiff cited the "factual …
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… to be credible." The ALJ found: the evidence in the record supports the [MVC's] finding that the respondents . . . … 9 A-2248-18T2 II. Our role in reviewing final agency determinations is "limited." Allstars Auto Grp., Inc. v. N.J. … 206 N.J. 14, 27 (2011)). When reviewing an agency's final determination, the appellate court is limited to considering …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … questions of law and fact, we give deference . . . to the supported factual findings of the trial court, but review de …
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… was Hassler who remembered the correct number. The record supports Hassler's identification as reliable. Nothing in the record supports the suggestion that Hassler himself could have been … guidelines. The aggravating and mitigating factors were supported by credible and competent evidence in the record, …
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… the juror. The judge's decision not to excuse for cause is supported by the record. Her initial question was whether … on the witness's perception which can assist the jury's determination of a fact in issue. Eugene's testimony fell … with regard to the pointing offense. The claim is not supported by the record. By way of context, the judge …
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… TO MAKE ANY FINDINGS OF FACT OR CONCLUSIONS OF LAW IN SUPPORT OF ITS ORDER DENYING . . . DEFENDANT'S [RULE] … hearing, pursuant to Rule 3:22-10(b), together with a supporting affidavit, supplemental certification, and brief, … imposing the consecutive sentence even though they may have supported such a sentence. Recognizing that "there can be no …
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… We agree. As such, although we affirm the PCR judge's determination there were no Brady violations, we are … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … to the jury." Ways, 180 N.J. at 191. The record does not support the PCR judge's finding defendant had prior …
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… and PCR counsel filed an affidavit of defendant in support of the petition, arguing that defendant had been … sentence and that defendant failed to provide any factual support for any of his allegations. The judge entered an … defer to the motion judge's findings so long as they are "supported by sufficient credible evidence in the record." …