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… 15 departure from the couple's home with their three children without prior notice.3 Plaintiff's complaint also … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 65 N.J. 474, 484 (1974)). "We defer to the credibility determinations made by the trial court because the trial judge …
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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 …
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… while she slept. The couple shared a home, and their four children were asleep in adjoining bedrooms when the murder … who was bleeding, he responded it was the mother of his children and himself and that he had caused both to bleed. … report corroborates representations made to the judge, and supports a judge's conclusion "that the interests of justice …
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… evidence." Ibid. As long as the board's actions are "supported by substantial evidence in the record, [we are] bound to affirm that determination." 62- 64 Main St., 221 N.J. at 157. "When … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the …
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… have [pled] guilty" but would have gone "to trial." In his supporting briefs, in addition to arguing that his attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… "The Motion Court Abused Its Discretion on Factual Determinations." An issue that is not addressed in a party's … on whether defendant deviated from the standard of care. To support his summary judgment point, plaintiff cherry-picks … relies upon isolated excerpts of Dr. Remsen's testimony to support his argument that the experts agreed defendant …
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… did find that there was "not enough credible evidence to support that the basement apartment was searched prior to … judge also found there was not enough "credible evidence to support that the basement apartment was searched prior to … Further . . . there is not enough credible evidence to support that the basement apartment was searched prior to …
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… of counsel fees. Because the trial court's decision is supported by credible evidence in the record, we affirm. I. … certification may serve as the basis for a court's determination that a reasonable OPRA search was conducted, … our conclusion, we part company with the trial court's determination that the common law does not provide for …
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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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… of Record When Viewed in a Light Most Favorable to Dyke Supports His Malpractice Claims Against the Respondents. B. … are permitted when plaintiffs allege "particular facts in support of their claims of attorney incompetence . . . ." … was woefully insufficient in terms of both alimony/spousal support and equitable distribution.'" 376 N.J. Super 29, 34 …
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… is arbitrary, capricious, and unreasonable, and is not supported by the evidence. Based on the idiosyncratic facts … good cause for a third extension 5 In addressing agency determinations, courts employ the words "reconsideration" and … Our scope of review of an administrative agency's final determination is limited. Allstars Auto Grp., Inc. v. N.J. …
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… contends his expert was qualified, and his opinions were supported "by generally accepted methods in the biochemical … that the expert's conclusions were primarily credibility determinations that rest within the province of the jury. See … all witnesses, the issue of their credibility will be a determination for the jury. The conclusions reached by Dr. …
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… not be disturbed on appeal unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … 284 (2008)). The judge's findings are binding on appeal if "supported by adequate, substantial, credible evidence." … 303 N.J. Super. 153, 155 (App. Div. 1997). He had been supporting the plaintiff, his former spouse, pursuant to the …
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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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… (App. Div. Nov. 4, 2015) (slip op. at 9).] We also find no support in the record for defendant's remaining claims, … certifications, or other competent proofs necessary to support his claim that he was incompetent to stand trial. … that provides the predicate for a claim of relief" to be supported an "affidavit or certification pursuant to Rule …
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… petition consisted of "bald assertions" not sufficiently supported by the record. 7 A-3404-19 This appeal followed in … argues: I. THE POST CONVICTION RELIEF JUDGE ERRED IN HIS DETERMINATION THAT TRIAL COUNSEL PROVIDED EFFECTIVE ASSISTANCE … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … contexts, we have recognized a strong public policy in support of citizen cooperation with law enforcement, even … that the bank's employee was racially motivated, that supports his LAD claim. The assumption that the man standing …
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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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… advance retainer of $2,500. Additionally, relevant to our determination of the issue before us, paragraph C in both … match the amount sought in [p]laintiff's certification in support of this motion." Plaintiff moved anew for attorney's … by a reasonable hourly rate.... [T]he trial court's determination of the lodestar amount is the most significant …