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… defenses and counterclaims; and 3) equitable remedies support vacating the judgment. We consider these arguments … claim against it. N.J.S.A. 12A:3-302(a). Here, the record supports 7 A-0270-17T2 that UMB and US Bank constitute …
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… taken from such proceedings." Therefore, the record fully supports the PCR court's finding that: "While petitioner's … was sentenced a week later. Therefore, the record fully supports Judge Polansky's finding that defendant failed to …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … We are bound to uphold the Law Division's findings if supported by sufficient credible evidence in the record. … appointed counsel if indigent. Because the record does not support the finding that defendant, facing consequences of …
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… adhered to the law and the credible evidence in the record supported his factual findings, we affirm. We further … of the evidence is testimonial and implicates credibility determinations. Id. at 412. We do not disturb the judge's … the parties divorced in December 2015, without having any children. Plaintiff re- married ten months later. Defendant …
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… POINT VI THE BOARD PANEL MADE AN ERRONEOUS FACTUAL DETERMINATION WHICH IS CONTRADICTED BY THE RECORD. POINT VII … substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to … substantial credible evidence in the record as a whole to support its findings, and the Board reached conclusions that …
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… 9, 2018, defendant moved for admission into Drug Court. In support of the motion, defendant underwent a private … The judge is not bound by the substance abuse evaluator's determination. Clarke, 203 N.J. at 183. In fact, even if both … conditions are met]." (Emphasis added). This is a legal determination where the court must determine whether the …
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… primarily contends the judge's factual findings are not supported by the record. Respondent's interpretation of the … to - 146. We give substantial deference to the factual determinations of workers' compensation courts, limiting our … must be accorded the factual findings and legal determinations made by the Judge of Compensation unless they …
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… brief, defendant challenged the sufficiency of the evidence supporting his conviction, and suggested the trial court … address defendant's third point first. The record does not support the claim that in any way the judge prevented …
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… to -18. Because we conclude that the judge's rulings were supported by credible evidence and a proper application of … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … is to determine whether there is adequate evidence to support the judgment rendered at trial." Cannuscio v. …
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… January 7, 2016, defendant filed a pro se PCR petition and supporting legal memorandum alleging, inter alia, that the … the PCR judge rejected this approach as untimely and not supported by defendant's certification. Ultimately, the PCR judge found defendant's unsupported allegations did not make out a prima facie case of …
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… for his decision: [Defendant] is [s]ingle, [has] two children, [and completed up to the] tenth grade at Hoboken … prosecution. In a certification prepared by PCR counsel in support his petition, defendant averred he "had no … The judge found defendant's 7 A-4216-15T3 claims were not supported by the record of the plea hearing. Applying the …
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… under Florida v. Harris, 568 U.S. 237, 246-47 (2013), to support probable cause to search the car under State v. … does not challenge on appeal, and one which we find well supported in the record and thus binding on appeal. See …
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… found plaintiff had failed to demonstrate any facts to support his CEPA claim because plaintiff did "not disclose, … agency or supervisor . . . and also permits a claim to be supported by evidence that the employee objected to or …
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… nor did the attorney call witnesses who allegedly would support his theory of the case. Defendant also alleged that … of counsel, because the facts raised by defendant in support of his motion "are all a matter of procedure in the …
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… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … by an agency's statutory interpretation or other legal determinations. Russo, 206 N.J. at 27. Both the DOC and the …
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… 186, 190 (App. Div. 2010). An administrative agency's determination will not be disturbed "absent a showing 5 … evidence as a reasonable mind might accept as adequate to support a conclusion," Figueroa, 414 N.J. Super. at 192 … failure to obey an order, the evidence 7 A-1573-16T1 also supported a refusal to accept his housing assignment, as he …
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… to those factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … to defer to clearly mistaken findings . . . that are not supported by sufficient credible evidence in the record." … Locurto, 157 N.J. at 474. Hence, we affirm the court's determination of voluntary consent. The consent of a third …
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… so long as" there is sufficient and credible record support. State v. Elders, 192 N.J. 224, 243 (2007). "[A]n … same deference – 7 A-4612-16T2 "appellate review of legal determinations is plenary." State v. Handy, 206 N.J. 39, 45 … findings of the judge at the suppression hearing, or his determination that Lao was more credible than defendant. After …
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… We defer to the trial court's factual findings if "supported by adequate, substantial, and credible evidence in … was deprived of the ability to cross-examine defendant is unsupported by the facts. Indeed, there was no dispute … that constitutes such a duty is "an essentially objective determination to be made on the basis of the material facts" …
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… the State's remaining evidence nonetheless suffices to support the indictment. 6 A-4924-17T3 Because the State … Robinson was armed and holding the gun in plain sight would support an inference that he shared the co-defendants' …