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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 …
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njcourts.gov
… Scope of Review The scope of our review of a final agency determination by PERC is limited. City of Jersey City v. … intent, we apply a deferential standard of review to determinations made by PERC." Ibid. (citing In re Hunterdon … arbitrary, capricious, or unreasonable, the findings lacked support in the evidence, or there was a violation of PERC's …
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njcourts.gov
… Prison (NSP), appeals from the October 17, 2018 final determination of the Department of Corrections (DOC) … to Clarke, although the recording from the cage area supported his version of events, he sought production of the … supports the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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njcourts.gov
… that the trial court's ruling on the speedy trial motion is supported by sufficient, credible evidence in the trial … factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
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njcourts.gov
… DIVISION DOCKET NOS. A-1361-17T1 A-4119-17T1 JASON FAIRCHILD, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE … 47 (App. Div. 2019), which was issued after the agency's determination, we conclude there is no merit to petitioners' … the bill, which became N.J.S.A. 43:16A-5(3), to support their reading of the statute. The statement …
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njcourts.gov
… of the trial court, " 'so long as those findings are supported by sufficient credible evidence in the record.'" … out-of-court identifications. The judge's findings were supported by sufficient credible evidence in the record of …
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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 …
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njcourts.gov
… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … explain his legal options." However, the record does not support defendant's contention. During the plea hearing, the …
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njcourts.gov
… W.M. appeals from an April 18, 2017 final agency determination by the Director of the Division of Medical … 18, 2017, the DMAHS Director again reversed the ALJ's determination. The Director noted that "[t]he issue here is … it is "arbitrary, capricious or unreasonable . . . or not supported by the substantial credible evidence in the …
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njcourts.gov
… deference to the trial court's findings of fact that are supported by sufficient credible evidence in the record. … the suppression hearing are well-founded. There is ample support in the record for the judge's finding that defendant … have identified several considerations relevant to the determination, including, most significantly, the temporal …