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… made by the trial court will not be disturbed if they are supported by sufficient credible evidence in the record. … Vandeyar 10 A-2461-22 was relying on that description to support his articulable suspicion to stop defendant. The … that "seemingly furtive movements, without more," do not support a reasonable articulable suspicion of criminal …
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… rights. Thereafter, defendant provided a factual basis to support his plea. In addition, defendant stated he had … of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… This court "uphold[s] the PCR court's findings that are supported by sufficient credible evidence in the record." … homicide. We discern no abuse of discretion in that determination. The judge then further determined that the … in the record. We similarly concur with Judge Walsh's determination that any claims regarding the Gomez attempted …
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… 561, 571 (2002)). We review de novo a trial court's legal determinations. Ibid. "A trial court's interpretation of the … applying the good cause standard to determine if the record supports reinstating the complaint, the procedure followed … prejudice analysis must be fact-based and not grounded in unsupported generalities regarding witness unavailability or …
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… 1996). 5 A-2831-17T4 sentence imposed in the [JOC was] not supported by the record" and "counsel was ineffective" for … the judge "agree[d] that [defendant's] sentence [was] not supported by the record." The judge explained: At your … Harris, 181 N.J. 391, 419-21 (2004) (emphasis omitted). To support a claim of ineffective assistance of counsel, a …
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… 3, 2018, Fargil moved for entry of final judgment. In support, Fargil submitted an affidavit of non-redemption by … to purchase the property for the sale price of $455,000. In support, Fargil submitted certifications from David Farber, … to the sound discretion of the trial court, whose determination will be left undisturbed unless it results from …
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… discovery, and sanction the Attorney General's Office. In support, plaintiff's attorney certified that during the … attorney, among the statements supplied by defendants in support of their summary judgment motion was an April 23, … Schs., 362 N.J. Super. 494, 506 (App. Div. 2003). "The determination of a motion to amend a pleading is generally …
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… Barker, 407 U.S. at 522. However, a trial judge's factual determination on a speedy trial issue "should not be … caused the delay, yet he failed to provide any factual support for his bald assertion. Officer Van Gough arrested … municipal court and the record otherwise lacks evidence to support his contention, we conclude the Law Division did not …
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… clause are ambiguous, 'courts apply the meaning that supports coverage rather than the one that limits it.'" … 'a court should not engage in a strained construction to support the imposition of liability.'" Ibid. (quoting … of the language, courts apply the meaning that supports coverage rather than the one that limits it." …
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… that the trial court did not abuse its discretion in its determination that the fees sought were reasonable. We also … the roofs into several of the units. The court's finding is supported by substantial credible evidence in the record and … with prejudice, and defendant has not appealed that determination. 3 At the conclusion of the trial, Judge Wilson …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very 9 … argues that the State failed to present sufficient proof to support his conviction of driving under the influence of … but Judge Jones found that there was other evidence that supported Burzachiello's testimony that defendant smoked the …
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… ("Bald assertions are not capable of 8 A-2612-17T1 either supporting or defeating summary judgment."). In light of the … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … judgment in favor of a defendant, without more, does not support a finding that the plaintiff filed or pursued the …
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… who represented herself, did not serve an expert report in support of her claim. On April 6, 2016, the case proceeded … material facts and did not provide an expert's report supporting her malpractice claim before the close of … de novo filing period. We discern no error in the court's determination, and find the trial judge properly confirmed the …
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… to a judge's findings "unless they are so wholly unsupportable as to result in a denial of justice." Greenfield … there exists sufficient credible evidence in the record to support the judge's findings, and that she correctly applied … her attorney's fees. Our review of a trial judge's fee determinations is for an abuse of discretion. …
njcourts.gov
… personal injury claim. The summary judgment motion record supported the facts defendants set forth in their statement … plaintiff's workers' compensation benefits in making its determination. Plaintiff asserts the court made procedural … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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… acts because those resolutions represent factual determinations pertaining to the adjustment payments due to … The scope of our review in an appeal from a final determination of an administrative agency is strictly limited. … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… WWC argues that (1) the findings of the ALJ and NJDEP are unsupported by the evidence; (2) NJDEP acted arbitrarily by … finding that WWC's well endangers the public health is unsupported by substantial evidence, and NJDEP arbitrarily … only where it is arbitrary, capricious, unreasonable or unsupported by credible evidence in the record. Henry, supra, …
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… R. 4:18- 1(b)(2). Counsel for Gillikin certified in support of a subsequent motion to dismiss that "[t]he … with prejudice pursuant to Rule 4:23-5(a)(2). In a supporting certification, defense counsel averred defendants … production, and compel defendants' depositions. Plaintiff supported the cross-motion with his own certification, a …
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … risk of misidentification. The cases cited by the State in support of its argument are all significantly factually … the State cites to cases from other jurisdictions to support the assertion that an inadvertently suggestive …
njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of law and fact, [we] give[] deference . . . to the supported factual findings of the trial court, but review[] …