njcourts.gov
… that plea counsel pressured him into pleading guilty. In support of his petition, defendant stated that he might be … his ability to participate in a deferred action for childhood arrivals (DACA) 2012 program. Defendant … only when he or she "has presented a prima facie [case] in support of [PCR,]" meaning that "the defendant must …
njcourts.gov › attorneys › administrative directives
… DATE: July 27, 2020 The New Jersey courts are continuing to support comprehensive court services during the COVID-19 … plaintiffs with domestic violence advocates and local support services. Questions regarding this memorandum should …
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njcourts.gov
… and mitigating factors, determine which factors are supported by a preponderance of evidence, balance the … 182 N.J. 494, 504 (2005). "In short, mitigating factors 'supported by credible evidence' are required to 'be part of … ultimate findings or resultant sentence. In light of this determination, we need only briefly comment upon defendant's …
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njcourts.gov
… also given more time to file an additional certification in support of his claim. During the hearing, defendant … facie case of ineffective assistance. The PCR judge's determination was supported by sufficient credible evidence and was reached …
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njcourts.gov
… Because defendant failed to "provide any documentation in support of his assertions" regarding his "mental health … compelling the State's contention that defendant failed to support his claims with "a transcript, written plea offer, …
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njcourts.gov
… Because there was no cognizable evidence in the record to support a reasonable inference that Y-By was responsible for … gravel surface. Accordingly, the judge found no evidence to support plaintiff's argument that the vehicle provided by … L.L.C., 226 N.J. 403, 414 (2016), we reject plaintiff's unsupported claims. We affirm the orders under review …
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njcourts.gov
… with her work conditions, she offered no specifics to support her complaints, at times failing to provide even … to the bulk of her claims, the Appeal Tribunal's action was supported by the record—or the absence of evidence in the …
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njcourts.gov
… there is expert opinion testimony and medical literature supporting a connection between heavy lifting and hernia … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 40 I. In determining … some lifting at work."5 Thus, expert opinion testimony supports a relationship between lifting and hernia …
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njcourts.gov
… substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to … there is substantial credible evidence in the record to support its findings, and the Board reached conclusions …
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njcourts.gov
… We are bound by the court's factual findings if they are "supported by adequate, substantial, credible evidence." … Silver, supra, 387 N.J. Super. at 126-28. Although the determination of the second prong may be "perfunctory and … to A.C., N.J.S.A. 2C:25-29a(2), substantiated the judge's determination that an FRO was necessary to prevent future acts …
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njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … requirement under the kidnapping charge. The record amply supports the PCR judge's findings.3 See Pierre, 223 N.J. at …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … together with the legitimate inferences that the evidence supports." Cameco, Inc. v. Gedicke, 157 N.J. 504, 509 …
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njcourts.gov
… substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to … substantial credible evidence in the record as a whole to support its findings, and the Board reached conclusions that …
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njcourts.gov
… address. Defendants' counsel submitted a certification supporting the motion that in pertinent part asserted … mail as required." Similarly, in defendant John Tomasello's supporting affidavit, he complained the original complaint …
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njcourts.gov
… that the exculpatory witness was not credible are well-supported by the record and affirm. A jury convicted … factual findings of a PCR court so long as the findings are supported by sufficient credible evidence in the record. …
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njcourts.gov
… by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … particular deference to the trial judge's credibility determinations. See In re Return of Weapons to J.W.D., 149 … Giving deference to the trial judge's credibility determinations with respect to the 6 A-5540-16T1 testimony of …
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njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). The agency's determination carries a presumption of correctness, and the … 384, 390-91 (1983). "If the Board's factual findings are supported by 'sufficient credible evidence, [we] are obliged … argument, not evidence. There is no evidence in this record supporting Ojo's belated claim of discriminatory treatment. …
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njcourts.gov
… Administration (OSHA) standards, because it "provides support . . . concerning the proper standard of care." "Our … to exercise care. Lastly, we are unconvinced public policy supports the imposition of liability on defendant, given it …
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njcourts.gov
… 4 A-1210-19T1 In our earlier opinion, we explained the determinations a trial court must make before admitting the … such statements, a "trial court must make a preliminary determination of whether there is independent proof of the … comprehensive oral decision. We find that the decision was supported by other overwhelming evidence of defendant's …
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njcourts.gov
… drugs.1 However, Vasile presented no evidence to support that claim. Vasile declined the opportunity to call … it is "arbitrary, capricious or unreasonable," or is unsupported "by 1 On appeal, Vasile now also claims that the … a disciplinary hearing). In sum, we hold DOC's findings are supported by substantial credible evidence in the record as …