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… denied Five Star's setoff request because it was not supported by documentary evidence. The 6 A-2336-14T2 court … 9 A-2336-14T2 Our standard of review of the trial court's determinations following a non-jury trial is a limited one. … in its written decisions. We defer to the court's factual determinations, regarding the claims and credits sought by …
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… could never find O'Neill's conduct to be reckless is not supported by the totality of the evidence before the court. … to minors, there are sufficient factual disputes which support submission of this matter to the jury. B. The … subject to the heightened standard. To the contrary, our determination is in accord with and embodies the persuasive …
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… the trial court's decision so long as those findings are "supported by sufficient credible evidence in the record." … that "there was substantial credible evidence to support the findings of the motion judge that the . . . … in question was involved in criminal activity. Such a determination can be made only through a sensitive appraisal …
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… Corporations 1-10, John Does 1-10, and Jane Does 1-10. In support of his claims, Emanuel retained two liability … court granted due to the lack of an expert report to support the malpractice and negligence claims. Because we … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo, 196 …
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… Title IV, 122 Stat. 2323, 2353-57 (2008). The second determination, docket number 405,317, found appellant … the same services in the fall. Appellant appealed that determination and after a hearing before the Appeal Tribunal, … and highly deferential. "So long as the Board's decision is supported by sufficient credible evidence in the record and …
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… sentences even though a majority of the Yarbough factors support concurrent sentences." Id. at 427- 28. Here, the … imposed consecutive sentences, and provided the reasons supporting her sentencing decision. B Defendant further … and applies the mitigating and aggravating factors supported by the record, and explains how he or she arrived …
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… you an explanation. You don't have a past. You don't have children together. . . . . And . . . you had . . . I guess … 'findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence.'" … a purpose or intent to harass another is integral to a determination of harassment. State v. Hoffman, 149 N.J. 564, …
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… by [Aqua Terra], [PAG's] own expert's report and testimony supports granting summary judgment in [Aqua Terra's] favor. … [we] [afford] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, 224 … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
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… petition. A-5321-15T2 11 There is no legal authority that supports defendant's argument. To overcome the time … of the record reveals there was sufficient evidence to support a conviction for distribution, and the police did … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… an attorney for defendant, and counsel filed a brief in support of the petition, arguing that defendant's petition … prima facie case in support of post-conviction relief, 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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… to vacate his guilty plea. A certification submitted in support of the motion asserted he is not fluent in English … deportation consequences of his plea. That argument is unsupported by an affidavit as required by Rule 3:22-10(c), … terms of the plea agreement as "a bald assertion, unsupported by the facts in the record." He included excerpts …
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… whether sufficient credible evidence in the record supports the Law Division's decision. State v. Johnson, 42 … only "a very obvious and exceptional showing of error" will support setting aside the Law 1 Arizona v. Youngblood, 488 … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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… will not reverse unless the findings are so mistaken and unsupported by the evidence that it is necessary to intervene. … 11 A-2523-19 of the trial court if those findings are supported by sufficient credible evidence in the record"). … based on the facts as found by the trial court that were supported by the evidence, to determine whether the trial …
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… Counsel (Rate Counsel) to file briefs on the issue; both supported Clinton's position on the jurisdictional question. … to the OAL for further proceedings. 8 A-2502-21 "The determination of whether an administrative agency has … shall be authorized to proceed in accordance with such determination. [N.J.S.A. 48:19-17 (emphasis added).] Contrary …
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… include: (1) motions to review pretrial detention determinations, see, e.g., United States v. Hohn, 8 F.3d 1301 … the amount of excludable time so long as those findings are supported by "sufficient credible evidence in the record." … time. There were sufficient facts in the record to support the trial court's finding that the three motions …
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… claims in the PCR petition to be little more than unsupported expressions of defendant's dissatisfaction with … to object to particular evidence, the judge found, was not supported by the record. In addition, defendant's … counsel's failure to investigate alleged evidence were not supported by proof that any such evidence existed or, if it …
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… 2021. Eight days after entry of final judgment, defendant, supported by Neuert's certification, moved to vacate the … March 9, 2020. Exec. Order 11 A-3182-20 The trial judge's determination that there was excusable neglect for defendant's failure to redeem due to COVID-19 was not supported by the record. There was nothing in Neuert's …
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… as defendant's "former girlfriend [and] the mother of his children." We identify the victim by her initials to protect … misleading, willfully false and inaccurate testimony, unsupported by evidence as to the "assaulting [of] the alleged … by the PCR judge to identify what evidence in the record supported his claim of gender bias by his former defense …
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… or, alternatively, for a new jury trial limited to a determination of "nominal damages." The judge granted … the matter for a new trial, limited to a 4 A-4497-18 determination by a jury on the amount of nominal damages, if … Chase, about its connectivity capabilities and customer support services. These problems were related to the damage …
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… testified that they all got cold feet when they observed children in the proposed victim's home. Meanwhile, a … conspiracy, see N.J.S.A. 2C:5–2(e), and that the evidence supported a jury instruction on the former, but not the … and that they did so out of concern for the welfare of the children inside the home and not out of increased fear that …