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… fully informed of the consequences. Moreover, we find no support for defendant's argument that he is entitled to … days after he was arrested. First, nothing in the record supports defendant's argument he was in any way confused, …
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… the threshold permitted in 2020 on the day they raced, supporting their motion with a copy of the lab report of the … they stipulated to the credibility of the lab results to support their motion to dismiss the charges. Because the lab …
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… the hearing, the court found the evidentiary record did not support a charge on self-defense and barred defendant from … pursuant to State v. Sugar, 84 N.J. 1 (1980). Defendant supported that last claim with a certification from his … video was played at [his second] sentencing in front of children without warning." Judge Flynn denied the petition …
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… preclude AAA from trying its case and . . . asking for a determination at the end of the trial or at the end of … slept on its rights to create an equitable defense to support applying laches. II Before us, Saundra argues the … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank v. Providence …
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… plaintiff could not establish the necessary elements to support the claim, particularly the existence of a special … should have conducted a Lopez3 hearing before making the determination.4 We review the trial court's decision on a … N.J. 545, 555 (2000). We discern no error in the court's determination that the discovery rule was inapplicable here. …
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… factors were considered. The court instead found Negran supported defendant's PTI entry, since it held a PTI … occurring more than a decade prior were too remote to support his disqualification from PTI under N.J.S.A. …
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… 524, 535 (App. Div. 2004)). In our review of a judicial determination following an evidentiary hearing, we "should accept a trial court's findings of fact that are supported by substantial credible evidence" in the record. … judge unless . . . convinced . . . they are so manifestly unsupported by or inconsistent with the competent, relevant[,] …
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… there is sufficient credible evidence in the record to support the Law Division judge's findings." Powers, 448 N.J. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … judge or the municipal court with respect to legal determinations. State v. Handy, 206 N.J. 39, 45 (2011). In …
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… favor." When "accepting as true all the evidence which supports the position of the party defending against the … Sav. Bank, 219 N.J. 496, 511 (2014). A trial court's determination of whether an FRO should be granted is governed … Plaintiff asserts he presented sufficient evidence to support the predicate acts of stalking and harassment and …
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… policies, and the sergeant's direction not to "touch it" supported the defense's argument that the handgun belonged … had suffered any prejudice. Those findings are all amply supported by evidence at the PCR hearing. Moreover, the …
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… A trial court's findings are "binding on appeal when supported by adequate, substantial, credible evidence." T.B. … 499, 502 (App. Div. 2017)). "We defer to the credibility determinations made by the trial court because the trial … in turn, factor that history into its reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare …
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… only "whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … N.J. 44, 54 (2004). Where there is sufficient evidence to support a particular verdict, it is preserved, even if …
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… Employees' Retirement System (PERS). The Board upheld a determination by the Division of Pensions and Benefits … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & … (2) whether there was substantial evidence in the record to support the agency's decision; and (3) whether in applying …
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… of the resident credit. Following a hearing and final determination from the Director, the Tax Court affirmed the … protest, and the Director issued another final determination affirming the 2017 deficiency notice. … as they had in opposition to summary judgment, did not support their positions with legal authority, and merely …
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… of the account's distribution. Defendant stated in her supporting certification that shortly after the JOD was … made by a trial court when such findings are 7 A-2353-17T1 supported by adequate, substantial, and credible evidence. … court's factual findings when they are "so manifestly unsupported by or inconsistent with the competent, relevant …
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… attorney. The court also found insufficient evidence to support defendant's claims his counsel did not investigate … have pleaded guilty. We defer to the court's credibility determination because it had the ability to hear and see the … We defer to the PCR court, who based its credibility determination on the host of inconsistencies testified to by …
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… THE UNCORROBORATED ALLEGATIONS OF THIRD PARTIES OFFERED IN SUPPORT OF THE SEARCH WARRANT APPLICATION WERE SUFFICIENT, … at 238). 8 A-3493-17T1 Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
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… an order granting summary judgment to the City. The court supported that order with a written opinion. In its … not palpably unreasonable, and does not require a jury determination. See Maslo, 346 N.J. Super. at 351. 9 … N.J.S.A. 59:2-3(d) establishes immunity for discretionary determinations concerning the use of public resources. In …
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… the crosswalk when the pedestrian entered the crosswalk. In support of her argument, defendant relies upon the MVC's … 39:4-36(a). The judge merely referenced evidence, which supported the conclusion that defendant had sufficient time …
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… publish research papers in the [the Journal.] He provided a supporting certification for "Default Judgment." In his … has cited no language in either of these decisions that supports his assertion another court found the Association's …