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… defer to the court's factual findings provided they are supported by sufficient credible evidence in the record. … the opportunity to contact an attorney. Here, the record supports the court's finding that defendant was not credible … there is sufficient credible evidence in the record supporting the trial court's findings of fact. We also …
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… consequences of his guilty plea. Defendant stated in his supporting certification, that prior to pleading guilty, the … the factual bases for his guilty pleas were not adequate to support a knowing and voluntary waiver of his rights, … that . . . [the alleged violation] played a role in the determination of guilt." State v. Laurick, 120 N.J. 1, 13 …
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… (b). Each factor found by the court must be relevant and supported by "competent, reasonably credible evidence." Id. … 2C:44- 1(a)(6). There is credible evidence in the record supporting the trial court's determination. Defendant has a lengthy criminal history to …
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… employees to petition the Commission for both a determination whether the duties they are performing conform … forward. The arbitrator explained that the Disputed Clause supported acting captain's pay for lieutenants after August … motion to supplement the appellate record with these determinations. The Borough has since submitted the final …
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… PLAINTIFF'S EMPLOYER WAS ERRONEOUS BECAUSE THE RECORD SUPPORTS THE APPLICATION OF THE INTENTIONAL WRONG EXCEPTION … SHOULD LOSE ITS STATUTORY IMMUNITY. POINT II PUBLIC POLICY SUPPORTS LAUMAR'S POSITION. II. We review the trial court's … to any other method, form or amount of compensation or determination thereof than as provided in this article and an …
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… and counterclaims lacked both legal merit and evidentiary support. Accordingly, it determined that ARLP satisfied all … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … Ass'n, 132 N.J. 330, 334 (1993)). "The trial court's determination . . . warrants substantial deference and should …
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… that case, Vitale carelessly drove his car and struck two children who died from their injuries. Vitale, 447 U.S. at … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary manslaughter without proving the facts supporting the motor vehicle offense of which Vitale was …
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… ERROR AS THERE WAS INSUFFICIENT EVIDENCE IN THE RECORD TO SUPPORT THE CONVICTION. POINT II [SERGEANT ADE LACKED … was appearing for a custody hearing regarding her two children. When the police arrived, defendant was seen … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… whether sufficient credible evidence in the record supports the Law Division's decision." State v. Monaco, 444 … because there was no "articulable and reasonable suspicion" supporting the stop. The Law Division judge concluded that … there was sufficient credible evidence in the record to support the Law Division judge's finding reasonable …
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… from judgment under Rule 4:50(f). In her certification in support of the motion, defendant stated, "[o]n [December 18, … R. 4:50-1 (2021). "On appellate review, the trial judge's determination 'will be left undisturbed unless it represents a … reasons expressed by the Supervising Judge, which are well supported by the evidence and legal precedent. We add the …
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… we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … are persuaded defendant produced insufficient evidence to support his arguments that purported conflicts of interest …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the … actions to pursue her claim, and the record does not support such a claim in any event. In sum, we are satisfied …
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… on defendant's breach of the stipulation. The motion was supported by the certification of a tenant who claimed … of review following a bench trial is well-known. Final determinations made by the trial court sitting in a non-jury … judge failed to consider the hardship to her and her two children if she were to be evicted. That dilemma is, …
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… of default, which the court granted on May 21, 2019. In support of its application, it provided an affidavit of … to vacate the final judgment under Rule 4:50-1(d). In support of his application, defendant certified he did not … the service of the complaint "amount[ed] to mere doubt" unsupported by any corroborating evidence. The judge also …
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… the night of the shooting. There was no physical evidence supporting a robbery. No other witnesses offered testimony … when (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines there are disputed … main witness, Potts, and suggesting unfavorable facts not supported by the evidence. An evidentiary hearing is …
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… not specify any particular documents in the file that would support defendant's theory that trial counsel was … to prove or disprove any fact of consequence to the determination of the action." R. 401. With respect to the … facie case of ineffective assistance. The PCR judge's determination was supported by sufficient credible evidence …
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… for default, which was entered on December 8, 2020. To support its application for default, plaintiff provided an … On May 17, 2021, plaintiff moved for final judgment. In support, plaintiff's counsel attested she mailed defendant … the final judgment under Rule 4:50-1(a), (d), and (f). In support of her application, defendant challenged the service …
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… to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … of the Commission's conclusion. The Commission's final determination that Beach violated both N.J.S.A. 45:15- 17(e) … properly weighed the Kimmelman factors in their final determination when deciding the monetary penalty imposed. …
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… stop. The stop was precipitated by the police officer's determination that the car in which S.H. was a passenger had … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … deemed credible by the trial court and that credibility determination is given deference, see State v. Gibson, 218 …
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… Initially, we note that WH Associates' claims were not supported by certifications or deposition testimony. … do not constitute certified proof and are insufficient to support a summary judgment order. See Sellers v. Schonfeld, … 90, 102 (App. Div. 2018). There is nothing in the record to support the contention that buildings in Hoboken could not …