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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
… 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
… A.G.'s expert's opinion to the contrary, finding it not supported by the evidence in the record. 8 A-5932-17T5 Judge … person." "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … deference. Ibid. We will "not modify a trial court's determination either to commit or release an individual unless …
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njcourts.gov
… The findings by a trial judge are "binding on appeal when supported by adequate, substantial and credible evidence." … into evidence. We find no error because evidentiary determinations are a matter of the trial judge's discretion … Div. 2015)). Moreover, K.J. does not raise the evidential determination as a reason for reversal. This leaves the …
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njcourts.gov
… only if the defendant makes a prima facie showing in support of the requested relief, Preciose, 129 N.J. at 462. … defendant did not produce an affidavit or certification to support his claim that counsel gave ineffective advice in …
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njcourts.gov
… analysis on unreported income, expenses claimed without supporting documentation, personal loans taken by Patel, … the testimony presented, and articulated his findings in support of the award. Having reviewed the extensive record, …
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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
… bidding, the trial court must review a public body's determination as to whether a bid was conforming to determine … is whether there is substantial evidence in the record to support the conclusion. Waste Mgmt. of 9 A-3818-16T3 N.J., … expressed by the SDA in its April 27, 2017 administrative determination, which is supported by sufficient credible …
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njcourts.gov
… needed to conduct discovery in order to develop evidence in support of the motion, and defense counsel reminded … that Dr. O'Shea was at fault. Plaintiff's expert report supports an inference that the workers' compensation system …
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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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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, …
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njcourts.gov
… 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 …