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… and should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … testified to the contrary, we defer to Judge Wild's determination that Roddy's testimony was credible and … 1, 17 (App. Div. 2013) ("When reviewing a PCR court's determination, we generally defer to the court's factual …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Weisman, 145 N.J. 395, 418 (1996). "Generally, the determination of proximate cause is an issue of fact for the … responsibility cannot be submitted to the jury for determination. To do so would be to authorize a decision on …
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… that counsel's failure also prejudiced the jury's determination of the drug charges because his purported use of … a consciousness of guilt on the drug charges and otherwise support the admission of evidence that was unduly … of the drug charges because it constituted a determination that defendant lied because he knew the drugs in …
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… language of the Appropriations Act seems a weak branch to support its position. Surely, the intent of the language was … 18, 2017 decision, the Division Director upheld the ALJ's determination that appellant should be paid at the proper … basis for disturbing the Division Director's reasonable determination that appellant's Medicaid reimbursement 13 …
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… trial court's findings of fact are binding on appeal "if supported by adequate, substantial, credible evidence." … findings unless convinced the findings "are so manifestly unsupported by or inconsistent with the competent, relevant … identified factors a court should consider in making this determination: (1) whether the victim consented to lift the …
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… reassured him no further action would be taken until such determination was made. Ultimately, he never learned whether … decision in its entirety, including her credibility determinations. Regarding Batten's claim that the ALJ … examined witnesses, the Commission concluded: the ALJ amply supported her determination that [Batten] was not credible. …
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… He did not have the benefit of blood tests potentially supporting his theory. And his and the mechanic's theory of … conclusions. Thus the expert's testimony provides only an unsupported theory which in this [c]ourt's opinion does not … which she characterized as "replete" with observations supporting his opinion that defendant was under the …
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… residence that appellant lives in with his wife and children, and a third-floor apartment that he rents out. DCA … and therefore the agency could request a refund. In support of its position, DCA submitted construction … represented by counsel, appellant seeks to overturn that determination. Appellant contends that this court should rely …
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… the facility's allowable sulfuric acid emission rate. In support of its application, NEC submitted information … Appellate review of an administrative agency's final determination is limited and deferential. In re Herrmann, 192 … re Stallworth, 208 N.J. 182, 194 (2011)). In making this determination, a reviewing court must examine: (1) whether the …
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… applicable principles of law, we vacate the trial court's determination that the deed was valid and remand for further … authored by Lewie, the attorney who drafted both deeds, in support of her claim that the 2013 deed was valid. In her … telling you that I think your resolving today may be a determination that there is more information that you need …
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… of misidentification. Finding no basis to disturb these determinations, we affirm. I. In State v. Henderson, 208 N.J. … the motion judge's factual findings as long as they are supported by sufficient credible evidence in the record. … ends when a trial court's factual findings are not supported by sufficient credible evidence in the record." …
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… funds. Ruggiero timely appealed the DCA's ineligibility determination, and it was transmitted to the Office of … Department asserted its power to make an administrative determination as to Ruggiero's eligibility, which he could … can be provided to those whose primary residency is supported by physical presence on the date of the storm …
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… The trial court's factual findings are to be upheld if supported by sufficient credible evidence in the record. … erosion. However, this finding is not A-0765-15T3 13 supported by the evidence. LeMana merely stated this kind of … and upend. On balance, we are not persuaded the evidence supports the finding the planting of the Leyland Cypress …
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… CALLS AS THERE ARE INSUFFICIENT FACTS IN THE RECORD TO SUPPORT THE JUDGE'S FINDINGS WHICH WERE MADE WITHOUT THE … on the record the right to appeal from the adverse determination of any specified pretrial motion." It is "clear … aspect of Mr. Gadson," including how he sacrificed for his children, the court stated: "Notwithstanding that, the …
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… another pro se PCR petition. In his affidavit submitted in support of the petition, defendant asserted that he was … to investigate the matter to find witnesses who could support defendant's claim of excessive force and the … matter properly; produce certain witnesses who would have supported defendant's version of the incident; provide …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … trench collapsed on him at his worksite. Id. at 453. The unsupported trench was excavated to a depth far beyond that … when viewed in plaintiff's favor, is simply insufficient to support the claim that PCS knew its actions were virtually …
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… Defendant argues that the trial judge's findings are not supported by the evidence. We affirm. I. The following facts … has occurred." Id. at 125. The court should make this determination "'in light of the previous history of violence … (1990). Common sense and experience may also inform a determination or finding of purpose. State v. Hoffman, 149 N.J …
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… (citing State v. Nwobu, 139 N.J. 236, 246 (1995)). A determination whether to admit a defendant is "'primarily … rendered a written decision, reversing the prosecutor's determination and admitting defendant into PTI. Although the … to her arrest, and "aspire[d] to a bright future[.]" 5 In support of this conclusion, the judge cited State v. …
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… to dismiss plaintiff's complaint, which relief Edward also supported. Following oral argument on the motions, Judge … to which Quality was entitled, Judge Moore began with a determination of the lodestar. He evaluated the fees charged … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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… body, and decided to sell the items in the bags for cash to support his habit. Defendant placed the stolen items in … an attack. Defendant introduced a number of witnesses to support his theories of third-party guilt. This included the … for testing. Defense counsel argued the examination supported the theory that the killing may have been the …