njcourts.gov
… The Law Division denied that motion in an order supported by a written opinion issued on March 10, 2015. … RELIEF OR AN EVIDENTIARY HEARING, BECAUSE THE PCR COURT'S DETERMINATION 5 A-3982-14T4 OF FACTS ARE CLEARLY MISTAKEN AND … on a PCR petition if he establishes a prima facie case in support of PCR, "there are material issues of disputed fact …
njcourts.gov
… will defer to the trial judge's factual findings that are "supported by 'adequate, substantial and credible evidence.'" … these standards, we conclude that the record does not support the judge's finding that the alleged contract …
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njcourts.gov
… he requested relief by way of a judicial furlough. To support his application, defendant supplied his medical … The judge's assessment in this regard is overwhelmingly supported by the record. Affirmed. … a3858-19.pdf … …
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njcourts.gov
… that plaintiffs' expert "offers no factual or scientific support for his conclusions as to the age of the nail . . . … (App. Div. 2002). "[L]ike any question of fact, the determination of palpable unreasonableness is subject to a … , we are satisfied that the grant of summary judgment is supported by the record. We, therefore, affirm the May 7, …
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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … vacated by the PCR orders. These multiple DWI convictions supported his conviction under N.J.S.A. 2C:40-26(b). …
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njcourts.gov
… we "examine whether the trial court's factual findings are 'supported by substantial, credible evidence' in the record." … N.J. Super. 261, 268 (App. Div. 2007)). Whether the facts support the exercise of jurisdiction is a question of law …
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njcourts.gov
… response constituted a false or fraudulent account. In support of that contention, the township attached a … proofs, plaintiff waived its right to a reasonableness determination. 7 A-2629-18T2 circumstances. 460 N.J. Super. at … omission of information based on its own 9 A-2629-18T2 determination that the withheld information would not have had …
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njcourts.gov
… plaintiff $142,769 in attorney's fees "were so manifestly unsupported by the relevant and credible evidence presented … thirties when both were established in careers and have no children. Their marriage lasted eight years and eleven … unconscionable" positions "devoid of legal and factual support," including his "specious" Tevis claim, his "demand …
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njcourts.gov
… advice as to the impact defendant's United States born children would have on the likelihood of deportation and if … testimony," we defer to the "court's findings that are supported by sufficient credible evidence in the record." … testified to the contrary, we defer to the PCR judge's determination that plea counsel's testimony was credible and …
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njcourts.gov
… WEIGHT K.R.'S PSYCHIATRIC RECORDS AND INSTEAD MADE UNSUPPORTED INFERENCES TO MAKE K.R. APPEAR MORE CREDIBLE. … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … deference we must afford to a trial court's credibility determinations; we affirm substantially for the reasons …
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njcourts.gov
… that would have been helpful to defendant's position." In support of that claim, defendant cited to State v. Murphy, … upon "defendant's extensive criminal history[, which] supported a finding that there were no significant breaks in …
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njcourts.gov
… arbitration. Plaintiffs rely on Price, 182 N.J. at 522, to support their arguments. In Price, the plaintiff was insured … efforts by plaintiffs. There are no facts in this case to support an equitable tolling of the statute of limitations' …
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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … "broad discovery of the evidence the State has gathered in support of its charges" is "automatic." State v. Scoles, 214 … 9 A-0677-18T2 observation that its prior "decisions lend no support to the notion that defendants must scavenge for …
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njcourts.gov
… are ordinarily not disturbed unless 'they are so wholly unsupportable as to result in a denial of justice,' and are upheld wherever they are 'supported by adequate, substantial and credible evidence.'" … we conclude that the trial judge's factual findings are supported by sufficient credible evidence, and based on the …
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njcourts.gov
… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … to dismiss the complaint as unripe and premature is supported by the plain language of N.J.S.A. 47:1A-6 because, …
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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … with the destruction of the testimony recording in support of the search warrant. And, we do note that …
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njcourts.gov
… highlights claims made in his certifications submitted in support of his PCR petition: "he was not provided with … A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, …
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njcourts.gov
… or advised the owner of any of the conditions that might support such a finding. Moreover, even though Cavalieri … in that case was, at best, premature. Because that determination is pivotal to whether plaintiff was entitled to … any opposition – we conclude as well that the abandonment determination in the Magnolia matter was also premature. …
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njcourts.gov
… that "[his] constitutional rights were violated." In a supporting counseled brief, 5 A-3110-20 defendant argued … would cause his ailing mother, fiancée, and three minor children. See State v. Hess, 207 N.J. 123, 154 (2011) … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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njcourts.gov
… included video footage of plaintiff being interviewed. In support of his cross-motion, plaintiff certified that after … TO CONSIDER MEDICAL RECORDS AND OTHER EVIDENCE SUBMITTED IN SUPPORT OF THE MOTION FOR RECONSIDERATION. (Pb Point V). We …