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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
… factual findings of the trial court if those findings are supported by sufficient evidence in the record. State v. … the circumstances test to make "a practical, common sense determination whether, given all of the circumstances, 'there … We discern no abuse of the court's discretion in this determination. Our Supreme Court has held "a person has no …
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njcourts.gov
… Farrington is challenging the final administrative determinations of the PERS Board of Trustees (the Board or … administrative appeal.1 We thus address only the Board's determinations. Finding these determinations to be neither … arbitrary, unreasonable, or capricious action, or a lack of support in the record, "[a]n administrative agency's final …
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njcourts.gov
… and NJM as her insurer. We defer to the trial court's determination that this alleged conflict was not a subject … afterwards. The judge made detailed credibility findings in support of her decision. After carefully considering the … to the judge's credibility findings and her overall determinations of fact, including her critical finding that …
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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
… 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
… with our prior appellate decision in order to protect the children's privacy notwithstanding they are now adults. NOT … 4, 2017, after we determined the judge's findings were well supported by the record. With respect to the legal fees and … relief from the judgment of divorce because the financial determinations made therein were made without knowledge of our …
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njcourts.gov
… I. As a general proposition we defer to "factual findings supported by adequate, substantial, credible evidence." … "not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de … Super. 552, 568 (App. Div. 2013)). Generally, a court's determination under Rule 4:50-1 warrants substantial deference …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… and June 1, 2006. This distinction is not germane to our determination of this matter. 4 A-4441-16T3 bankruptcy. In … upon defendant, and his purported acknowledgment of it, supports that conclusion. Even if she is deemed a … here, we conclude that, contrary to the judge's determination, plaintiff established a prima facie claim for …
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njcourts.gov
… One filed a motion for summary judgment. The motion was supported by an affidavit of an authorized agent of Capital … review "is limited to whether the trial court's decision is supported by the record as it existed at the time of" its … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …
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njcourts.gov
… I will consider the identification in my final determination of innocence or guilt. On February 14, 2013, the … petition if the defendant presents a prima facie case in support of PCR, the court determines there are material … we discern no abuse of discretion here. There is ample support in the record for the trial court's conclusion that …
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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
… defendant's arguments as to the sufficiency of the evidence supporting defendant's conviction for second-degree witness … that defendant and the victim were of different races to support a claim of cross- racial misidentification, and no …