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njcourts.gov
… 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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njcourts.gov
… orders requiring that she provide an expert opinion supporting her medical malpractice claims. Plaintiff failed … reports in accordance with the May 30, 2017 order could not support dismissal of the complaints because the order was … on the same standard that governs the motion judge's determination." RSI Bank v. Providence Mut. Fire Ins. Co., 234 …
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njcourts.gov
… "[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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… decision not to suppress the show-up identifications was supported by his credibility findings that the Wade hearing … victim, there was an attempt applied to the theft, which supports a verdict of first-degree robbery. III In point II, … Div. 2003). We accept those findings of the court that are "supported by sufficient credible evidence in the record." …
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njcourts.gov
… 2 Sanfilippo was not questioned about his affidavit in support of the subpoena, and the affidavit was not admitted … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of …
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njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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njcourts.gov
… 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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njcourts.gov
… "particularly vulnerable or incapable of resistance." In support of this determination, the assistant prosecutor relied on 1 In … [s]tate 8 A-2957-17T1 of mind upon [defendant] that is not supported by credible evidence" and that the State's "only …
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njcourts.gov
… or . . . [that] inadvertent errors mistakenly impacted a determination of guilt or otherwise 'wrought a miscarriage of … certifications, or any other verifiable evidence" to support his claims and "merely posit[ed] self-serving … charge, the court noted defendant failed to identify "any [supporting] case law or precedent." Likewise, as to Dugger's …
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njcourts.gov
… System (the Board) rendered a Final Administrative Determination (Final Decision) that declined to assess a … reconsideration request and issued a Final Administrative Determination (Final Decision) affirming its June 19 … OF THE GOVERNING STATUTE, [N.J.S.A.] 43:16A-15.1, DOES NOT SUPPORT THE PFRS BOARD’S DETERMINATION THAT EMPLOYER …
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njcourts.gov
… arbitrary and capricious. Neither the law nor facts support either of these arguments. Our review of a final … hearing under an abuse of discretion standard. Ibid. "The determination [of] whether [a material and controlling dispute … scored by the same three panels, who based their scoring determinations on pre-established criteria for both the …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… lived in the house with his girlfriend Deanna, and her children. When Officer Lance spoke to Johnson, he confirmed … we accept a trial court's findings of fact if they are supported by 7 A-3864-17T4 sufficient credible evidence in … Applying these principles, we conclude that the judge's determination that Johnson was too intoxicated to request the …
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njcourts.gov
… counsel's absence from court on that day. There is no support for the assertion in the record, but, more … Co. of Am., 142 N.J. 520, 540 (1995); R. 4:46-2(c)). [A] determination whether there exists a "genuine issue" of … as to the late-added Irizarry would not yield information supporting plaintiff's claims against defendants because …
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njcourts.gov
… in North Brunswick on April 11, 2014. In his affidavit in support of the late claim motion, plaintiff Silver conceded … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … excused the late filing. Id. at 528. Mendez provides no support for plaintiffs' position in this case. Unlike the …
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njcourts.gov
… "arbitrary, capricious and unreasonable" because it was unsupported by any credible evidence. 3 A-2467-15T1 On appeal, … any benefit of approval, and the court erred in its legal determinations. We conclude that defendant's and intervenors' … (1965)). In our review, we defer to a municipal board's determination. "[Z]oning boards, 'because of their peculiar …
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njcourts.gov
… THE SENTENCING COURT DID NOT CONSIDER MITIGATING FACTORS SUPPORTED BY THE RECORD AND BECAUSE DEFENDANT'S SENTENCE IS … offenses, was 13 A-4142-14T3 excessive because it was not supported by aggravating factors cited by the judge. … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, …