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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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… 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 …
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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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… II. We are satisfied that sufficient credible evidence supports the judge's decision. Compensability requires a … and the possibility that it has metastasized, fully support the judge's conclusion. It too was also based on …
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… for refusing to submit to a breathalyzer test. In support of his appeal, defendant presents the following … Judge Deitch correctly determined that Nunnally does not support vacating defendant's conviction. Judge Deitch …
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… conclude that Judge Cresitello's factual findings are fully supported by the record and, in light of those facts, his … by plaintiff's argument that the judge erred in his determination that distance was not a relevant criterion. Plaintiff's reliance on § 150- 41(J)(2)(f) to support its assertion is misplaced. That section of the …
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… Jerejian that defendants produced no competent evidence supporting that they timely accepted the August 2014 loan … opposition to an uncontested foreclosure. 8 A-2937-17T3 In support of its motion for summary judgment, plaintiff's vice …
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… should not deprive plaintiffs of their legal rights. In his supporting certification, counsel noted the University's … we are of the view that the jurisdictional issues raised in support and opposition to dismissal "should be addressed in …
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… possession was executed on April 4, 2018. The certification supporting the request for the writ detailed the chain of … to dismiss the complaint. John included a certification in support of the motion, claiming he "was not summoned to … Guillaume, 209 N.J. 449, 467 (2012). "The trial court's determination under [Rule 4:50-1] warrants substantial …
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… State then informed the court that no evidence existed to support the court's assumption that the police truck parked … to the fact findings of the trial court, provided they are supported by substantial credible evidence in the record, …