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njcourts.gov
… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
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njcourts.gov
… foreclose. Thus, although the Notice of Appeal and brief in support of appeal 3 A-2846-14T1 on the residence, in favor … default. Rather, he contended that he needed discovery to support his belief that there were genuine issues of … correctly determined that defendant's pleadings were unsupported by credible evidence, therefore she 11 A-2846-14T1 …
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njcourts.gov
… judge "credit[ed] the testimony of the witness, which is supported by the internal consistencies of the documents … in favor of defendants." We reject those arguments. Final determinations by a trial court presiding over a non- jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… is 'arbitrary, capricious or unreasonable or is not supported by substantial credible evidence in the record as … 550, 578 (1982). In light of the deference owed to such determinations, when reviewing administrative sanctions, "the … of review, we see no basis to interfere with that determination. Affirmed. … a1726-15.pdf … A-1726-15T4 …
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njcourts.gov
… He contends the record lacks sufficient evidence to support either conviction. He further asserts the trial … defendant from communicating with K.O. or their two children in any manner, including indirectly through third … and "[c]ommon sense and experience may inform that determination." Hoffman, supra, 149 N.J. at 577. Nonetheless, …
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njcourts.gov
… considered appellant's challenges to the Division's determination, during a two-day telephonic hearing.2 Appellant … part-time and "in a struggle," as the single mother of six children, who was trying to pay bills and meet her living … the proofs." Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are obliged …
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njcourts.gov
… physical characteristics" between Scott and defendant to support defendant's claim of misidentification. On March 24, … "Monique and Carl Blanchard were witnesses that would've supported that." According to PCR counsel, Stuckey being … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… TRIAL COURT OR CONDEMI GOING TO CREDIBILITY AND REQUIRING DETERMINATION BY A FACT-FINDER AS TO WHETHER CONDEMI … BASIS FOR LIABILITY IS ONE THAT REQUIRES A FACT-FINDING DETERMINATION AS TO BAUTISTA'S CONTENTION THAT CONDEMI … Super. 229, 233 (App. Div. 1995) ("[E]vidence submitted in support of a motion for summary judgment must be …
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njcourts.gov
… and costs." 6 A-2276-15T1 (1995). When reviewing such determinations on appeal, "a trial court's interpretation of … (Winter 2001)).] Plaintiff failed to provide evidence to support his claim of predatory lending under the CFA. … 1:4-8, was deficient, and the motion judge's fee sanction determination was excessive. We disagree. 6 According to …
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njcourts.gov
… Board's purchase of insurance. There is simply no textual support for that interpretation. Under the contract's plain … or personal injury). The Board's claim also finds no support in the contract's waiver of subrogation provisions, …
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njcourts.gov
… defense under the Gun Amnesty Law, L. 2013, c. 117. With no supporting certification, defendant asserted in his pro se … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … State v. Locurto, 157 N.J. 463, 471 (1999)). The record supported the trial court's findings that the police … search based upon consent, we do not need to address the determination 11 A-2190-16T3 that there was insufficient …
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njcourts.gov
… for the injury, Pereira argues that the evidence did not support the judge's findings, she relied upon "incompetent … We "generally give 'substantial deference' to [their] determinations . . . 'considering the proofs as a whole, with … must be accorded . . . unless . . . 'manifestly unsupported by or inconsistent with competent relevant and …
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njcourts.gov
… effective March 27, 2010. Respondent appealed this determination, and on January 19, 2011, the Commission denied … 16, 2015, the Commission issued its final administrative determination, which is the subject of the instant appeal, … it is "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
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njcourts.gov
… petition and brief and make the best available arguments in support of them."). 4 The certification was not based on … From the record provided, it appears that the only legal support defendant supplied his attorney at the time was a …
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njcourts.gov
… during the grand jury hearing. Despite the PCR judge's determination that defendant's petition was time-barred … explained that defendant failed to satisfy the "threshold determination of prosecutorial knowledge[,]" State v. Carter, … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
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njcourts.gov
… only upon the establishment of a prima facie [case] in support of post-conviction relief." R. 3:22-10(b). "To … "Rather, defendant must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
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njcourts.gov
… B. Because The Evidence Was Legally Insufficient To Support Fourth Degree Obstruction, This Court Should Mold … as a mitigating factor. Our review of a sentencing determination is limited. State v. Roth, 95 N.J. 334, 363-65 … of the aggravating and mitigating factors and to find those supported by the evidence.'" Id. at 177 (quoting State 11 …
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njcourts.gov
… to vacate the dismissal and reinstate his complaint. In a supporting certification, plaintiff's counsel certified that … that "they still [did] not have a full set of records supporting the plaintiff's claims, including and most …
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njcourts.gov
… "we will not 'engage in a strained construction to support the imposition of liability' or write a better … v. Brady, 973 F.2d 192 (3d Cir. 1992), a case he cites in support of an argument presented to us for the first time in …