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… Clarke regarding the consequences of the plea deal is supported only by self-serving assertions and bare … counsel. More importantly, we find nothing in the record to support defendant's assertion that he was "misled" with … Preciose, supra, 129 N.J. at 463. Notwithstanding our determination as to the failure to establish counsel's …
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… to thirteen years. We therefore affirm the judge's well-supported determination that defendant failed to establish that, but for … A defendant must establish a prima facie case in support of a PCR application, R. 3:22-10(b); State v. …
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… a dry-cleaning business. Finding no error in the judge's determination at the conclusion of a nonjury trial that … by the judge in favor of plaintiff's position were fully supported by the credible evidence. Our standard of review … evidence fully supported the experienced judge's factual determinations. We also reject Meghnagi's argument that the …
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… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… of appellate review of an administrative agency's final determination is limited. In re Stallworth, 208 N.J. 182, 194 … conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; … not met his burden, and the Commission's decision is fully supported by substantial and credible evidence in the …
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… THE VICTIM POSSESSED A GUN AT THE SCENE OF THE SHOOTING IN SUPPORT OF A DEFENSE OF SELF-DEFENSE OR FOR A JURY CHARGE OF … THE DEFENDANT PRIOR TO 1 We observe that defendant did not support his argument with an expert's report that identified …
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… and *.306. Rodriguez's investigation concluded the evidence supported the charges and referred the matter to a hearing … function is obligated to set forth basic findings of facts supporting the ultimate conclusion so the reviewing tribunal …
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… to -35. Defendant argues that the judge's findings are unsupported by credible evidence, and that the judge placed … of the evidence is testimonial and implicates credibility determinations. Id. at 412. We do not disturb the judge's … an FRO pursuant to the PDVA, the judge must make two determinations. Silver v. Silver, 387 N.J. Super. 112, 125- 27 …
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… down on the bridge. We conclude there 6 A-2500-15T3 is no support in the record for the Law Division's finding that … at 327. Consequently, there was insufficient evidence to support defendant's conviction for careless driving. …
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… seek to establish through discovery the fact necessary to support this defense, namely that S&S did not have on file … this point as a 6 A-3047-15T1 theoretical defense is not supported by any evidence in the record and could not defeat …
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… charging the jury on obstruction, the evidence must have supported the jury's finding beyond a reasonable doubt that … 2C:2-3 (2016-17). Here, there was no evidence to rationally support the conclusion that defendant's "conscious object" …
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… are not to be disturbed unless they are so "wholly insupportable" by the evidentiary record as to result in a … other than his own bald testimony on [that,] and his family support[] [for that 5 A-1707-15T2 contention,] there's no … 4 As the judge observed, the records Justin submitted in support of his motion -- that were accessible to him at all …
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… an appeal. Defendant filed an affidavit and pro se brief in support of his petition. In his affidavit, defendant … court further explained defendant had not offered factual support, including documentation, to substantiate the facts … was income earned from legitimate sources. Defendant's unsupported assertions are not competent evidence. More …
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… hearing and reverse. We will disturb a trial judge's determinations only if they represent a clear abuse of … limited to whether plaintiff demonstrated some evidence to support each of the three elements of her CFA claim: "(1) … and supplemental letter brief with documentary evidence in support of her contention that Infinity's appraiser …
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… areas behind both houses and former curb cut to Park Place, supported its use for "ingress and egress of plaintiff's … of by express grant as is the case here, the facts do not support her argument. First, far from falling into …
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… "We will not disturb factual findings as long as they are supported by adequate, substantial, and credible evidence." … the sufficiency of the agency's proofs submitted in support of its claim for nondisclosure, "a court must be …
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… company "helped [him] a lot." The Tribunal affirmed the determination of the Deputy, finding that appellant … (1997). "If the Board's 4 A-3318-16T3 factual findings are supported 'by sufficient credible evidence, courts are … bound by an agency's interpretation of a statute or its determination of a strictly legal issue[,]' the agency's views …
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… to be 'arbitrary, capricious, or unreasonable, or not supported by substantial credible evidence in the record as … by the "agency's 'interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting … used in the inventory process, but his allegation was not supported by the witness he listed. Duncan claims that …
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… at about 6:15 a.m. on October 18, 2017, to ready the children for school. An altercation took place between the … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … has occurred." Id. at 125. The court should make this determination "in light of the previous history of violence …
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… scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … in a scheduled telephone hearing. 2 Tran submitted supporting paystubs to prove that Florida and Nevada … Nevertheless, our review is de novo where an agency "determination constitutes a legal conclusion." Lavezzi v. …