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… POINT III: THE DE NOVO COURT ERRED BY MAKING FINDINGS UNSUPPORTED BY THE RECORD. 6 A-2416-23 II. "We review the … Was there sufficient credible evidence in the record to support the trial court's finding that the State failed to … on the record the right to appeal from the adverse determination of any specified pretrial motion.'" State v. …
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… to seven minutes. Defendant relied on this testimony in support of his argument that had Dunn reviewed the … to establish ineffective assistance of counsel, are well supported by the record. Affirmed. … STATE OF NEW JERSEY VS. …
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… issues. The arbitrator denied the STFA's grievance as unsupported by the evidence, finding: it [is] clear from the … committed a mistake of law" in failing to confine his determination to the four corners of the agreement, and … debatable standard if it is "'justifiable' or 'fully supportable in the record[.]'" Policemen's Benevolent Ass'n, …
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… its de novo review of an appeal from a municipal court determination, we "consider only the action of the Law … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … assertion, we discern no error with the Law Division's determination that defendant's motion to dismiss was properly …
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… ground and reduc[ed] the bearing capacity of the soil to support the weight of the concrete slab. This result[ed] in … settling was negligible. We agree with the trial court's determination plaintiff could not demonstrate the settling was … to the sidewalk. Thus, we agree with the trial judge's determination Scanlon was not liable to plaintiff for her …
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… a business entity. Defendants rely on County of Passaic to support their argument that the waiver requirement is not … But there was no evidence in the meager record to support those findings. The record before the trial …
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… 21, 2022, the court entered an order granting NJM's motion supported by an oral opinion. The court found discovery left … "under the same standard that govern[ed] the court's determination." Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … However, we give no deference to a trial court 's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union …
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… in the 8 A-1740-22 course of providing medical services in support of the State's response to the outbreak of … or healthcare facility or a health care system to support efforts to treat C[ovid]-19 patients and to prevent …
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… on August 11, 2022, denying defendant's petition. In a supporting oral decision placed on the 6 A-3876-21 record on … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
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… offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by … in maintaining DNA and 10 A-3126-22 fingerprint records to support criminal prosecutions State-wide. Our Supreme Court …
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… cause (OTSC), seeking a thirty-day stay of the eviction. In support of the OTSC, McNett's mother, Mary McNett, submitted … evidence from a third person or some other evidence" to support their application to extend the time to exercise the …
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… the court rule on which they based their motion. In support of the motion, defendant submitted several documents … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,'" Mac … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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… Inc. Petitioner contends the court made factual findings unsupported by the record, misapplied controlling caselaw, … (1922); and Hall v. Doremus, 114 N.J.L. 47 (Sup. Ct. 1934), supported his claim. Judge Robertson explained "[i]n all of … There is substantial credible evidence in the record to support the judge's factual findings, and his understanding …
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… 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 … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
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… likely to have relevant information," plaintiff failed to support that "the mayor ha[d] first-hand knowledge," and … to prove or disprove any fact of consequence to the determination of the action.'" Ibid. (quoting N.J.R.E. 401). … undertaken further discovery and garnered a basis to support the mayor's deposition, then he could have moved for …
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… of law and certifications from defendant and his mother in support of the relief sought. Defendant certified, based … to this court that defendant did not file an affidavit in support of his Slater motion; and (5) trial counsel failed …
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… judgment. In the court's written statement of reasons supporting the summary judgment orders, it noted that the … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … outside its boundaries. We discern no error in the determinations made by Judge Franzblau and affirm essentially …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … to suppress the confirmatory photograph identification was supported by credible evidence. Rodriguez identified one of …
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… life sentence without additional fact-finding by a jury. In support of that claim, defendant cited Apprendi, and the … and Rogers v. Tennessee, 532 U.S. 451, 456-57 (2001), to support his argument that judicial enlargement of a maximum …
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… in a timely fashion the record would not 7 A-4453-16T2 support a finding of extraordinary circumstances warranting … trial court's findings of fact will not be disturbed "when supported by adequate, substantial and credible evidence." …