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… there is substantial credible evidence in the record to support them. N.J. Div. of Youth & Family Servs. v. E.P., … showed the opposite. At least one Council member did not support the Resolution because he did not have the … told the City Council he had only completed the supporting memorandum "last week" and then gave it to his …
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… provide" an alternate version of the facts, which could be supported by Mr. Smith." PCR counsel argued defense … hearing would "allow the [c]ourt to make a better determination of whether it was ultimately a trial strategy … based upon what we had there. So based upon that a determination was made that there really wasn’t anything that …
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… forced" him not to testify was a manufactured argument unsupported by the record. On appeal, defendant argues that: … was not explained. The record, however, simply does not support this claim. Trial counsel testified he explained the … defendant's was not. We defer to the court's credibility determination because he had the ability to hear and see the …
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… Defendant contends this record would have provided valuable support for the "third-party guilt" defense asserted at … being hearsay, the lack of certification/verification) — to support third-party guilt."4 Defendant argues he was … judge conduct the remand because the PCR judge has made determinations inconsistent with the existing record and …
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… parties filed supplemental letter briefs contending Mattia supported their respective positions. 5 A-0048-17T3 … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … court would come to the same conclusion if the original determination was its to make, but rather whether the 6 …
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… for an involuntary dismissal pursuant to Rule 4:37-2. In support of the motion, defendant's counsel cited case law to … such a duty is "an essentially 8 A-1323-17T2 objective determination to be made on the basis of the material facts" … in not making a reasonable use of his property. Such a determination merits a consideration of the various attendant …
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… office's objection to defendant's admission. The prosecutor supported her objection by first citing to our decision in … who is gainfully employed, a married father of four young children who relied upon him for support, and who has no … N.J. 215, 225 (2002)). Our review of a prosecutor's PTI determination is limited because of the nature of the decision …
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… 2016, plaintiff sued defendants alleging negligence. In support of his claim, plaintiff retained Himad Beg, a … 136; Luchejko, 207 N.J. at 201-03. Moreover, public policy supports preserving the current rule because society has an … the imposition of a heightened duty, this contention is not supported by law. See Cogliati v. Ecco High Frequency Corp., …
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… was assigned counsel who filed a supplemental brief. In his supporting certification, defendant stated he "never wished … only upon the establishment of a prima facie case in support of post-conviction relief . . . [t]o establish a … Rather, "defendant must allege specific facts and evidence supporting his allegations" for the court to grant an …
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… in 1993, they are both attorneys, and they have three children. In July 2014, plaintiff filed a complaint for … Award, defendant contends that (1) there was no evidence supporting the award, (2) the arbitrator refused to consider … or engage in cross-examination, and (4) the fee was not supported by the record. Thus, defendant requests that we …
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… On appeal, defendant only challenges the trial court's determination that the police had "the requisite reasonable … findings, "so long as those findings 9 A-0722-17T3 are supported by sufficient credible evidence in the record." … in original). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 …
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… and Berry each filed motions for summary judgment in support of their claims. Plaintiff sought $4924.88 from … to determine the same." Berry filed a certification in support of his damage claims against third- party … deferring to all factual conclusions that have substantial support in credible evidence. Verry v. Franklin Fire Dist. …
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… on general negligence, rather than medical malpractice. In support of its motion to dismiss, CarePoint contended that … the name of the roommate in the papers it filed in support of its motion to dismiss. Counsel for plaintiff and … require an affidavit of merit. Id. at 341. To make that determination, our Supreme Court has explained: There are …
njcourts.gov
… a greater sentence when a lesser one is imposed. In his supporting brief, PCR counsel argued that trial counsel … mental health history, social history, disadvantaged childhood, and addiction problems during the sentencing … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
njcourts.gov
… the detectives observed the prescription pill bottle. To support this contention, defendant points to Detective … in a motion to suppress provided those 'findings are supported by sufficient credible evidence in the record.'" … and that the contraband recovered was lawfully seized, is supported by the record. Consequently, the motion judge …
njcourts.gov
… capricious or unreasonable or [if the action] is not supported by 8 A-5550-14T1 substantial credible evidence in … conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; … of review, we are satisfied that the record sufficiently supports the Commissions' decision that members were …
njcourts.gov
… issues of material fact proffered by plaintiff that could support a finding that Suk breached his duty of care under … at 84-85. Plaintiff cites allegations in the complaint to support his argument that the complaint's "language [was] … judge never analyzed whether plaintiff presented facts in support of his claim that defendants' conduct was reckless. …
njcourts.gov
… the trial court's decision so long as those findings are "supported by sufficient credible evidence in the record." … that "there was substantial credible evidence to support the findings of the motion judge that the . . . … infirm. In sum, we hold the judge's findings were supported by sufficient and credible evidence in the record …
njcourts.gov
… found defendant did not object at sentencing and the record supported the aggravating and mitigating factors. This … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … subject to NERA to run concurrent. The record does not support defendant's claim that plea counsel advised he would …
njcourts.gov
… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … adopted sister's mother; his lack of concern and financial support for her adopted sister, his adopted daughter; and … it is unclear whether the court made credibility determinations and found them unconvincing, or if the court …