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njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …
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njcourts.gov
… the trial. And, again, with regard to . . . credibility determinations, that's your role, entirely your role, and so … and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … factors three and six. The judge's findings are amply supported by the record. Regarding defendant's period of …
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njcourts.gov
… According to the affidavit defendant submitted in support of his plea withdrawal motion, defendant admitted to … as counsel for reasons of non-payment of fees. In his supporting certification, the first attorney 6 A-4208-15T1 …
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njcourts.gov
… contributed to defendant's conviction[.]" Id. at 58. The determination on whether to hold an evidentiary hearing on an … arguments requested by the defendant that the record will support"). Nor has defendant provided a transcript of any … the grounds of relief asserted"). In the absence of supporting evidence, counsel was not obliged to advance this …
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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.'" … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of 6 … Demeter "where there were no surrounding circumstances to support probable cause that the cannister contained drugs." …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … not 12 A-4148-19 engage in a strained construction to support the imposition of liability." Longobardi v. Chubb …
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njcourts.gov
… the Legislative Intent and Purpose of N.J.S.A. 39:6A-4.5(a) Supports a Broad Reading of the Term "Operating." B. There … 601. Moreover, the Court noted the Legislature intended to support a "statutory policy of cost containment by ensuring …
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njcourts.gov
… S.R., defendant's stepdaughter and mother of several of his children, resided in an apartment with her children, … under the abuse of discretion standard the PCR [judge's] determination to proceed without an evidentiary hearing." … The judge similarly determined defendant's contention was unsupported by competent evidence in the form of an affidavit …
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njcourts.gov
… and orderly disposition of such [outstanding] charges and determinations of the proper status of any and all detainers … ' and to provide 'cooperative procedures' for making such determinations." Perry, 430 N.J. Super. at 424-25 (quoting 18 … in Pennsylvania prior to his arrival in New Jersey. In support of this proposition, the State relies on dicta from …
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njcourts.gov
… A-1649-21 We defer to "a trial court's factual findings in support of granting or denying a motion to suppress . . . when 'those findings are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … oral opinion. We add the following comments. The record supports the conclusion the alibi and character witness …
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njcourts.gov
… committed the robbery." Therefore, defendant's arrest "was supported by probable cause." Considerably later, defendant … underlying the trial court's decision'" if they "'are supported by sufficient credible evidence in the record. '" …
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njcourts.gov
… the reasonable and articulable suspicion needed to support the request for consent to search the car. The judge … the door and advised the officers that her mother and children were present in the apartment was a resident with … of control at the time of the search, not subsequent determinations of title or property rights, inform our …
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njcourts.gov
… is satisfied that the plaintiff has pleaded enough facts in support of a prima facie breach of contract to third party … plaintiff has pied sufficient facts in its complaint to support its prima facie breach of express warranty, breach …
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njcourts.gov
… legal principles. This court's review of DMAHS's determination is ordinarily limited. Barone v. Dep't of Human … with the responsibility of implementing legislative determinations."); see also Wnuck v. N.J. Div. of Motor … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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njcourts.gov
… pro hac vice shall apply to formal notice of motion with supporting affidavit and proposed form of order, in … LITIGATION", then only one (1) copy of the motion and supporting documents need be supplied with a cover letter …
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njcourts.gov
… classification, nor is that information relevant to our determination. 3 A-0447-23 appointment to the rank of … CNA, and it is the public's interest for it [to] make a determination based on a complete record. The Commission … or unreasonable, or that it lacked 8 A-0447-23 fair support in the evidence, or that it violated legislative …
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njcourts.gov
… financial and legal management, information systems support, claims management, and reinsurance arrangements. In … not easily defined, informal agency action is any determination that is taken without a trial-type hearing, … 168, 173 (App. Div. 2003)). Under the APA, "if an agency determination or action constitutes an 'administrative rule,' …
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njcourts.gov
… written opinion, the PCR court found "that the documents support[ed] the State's position that the State never … claims if a defendant has presented a prima facie claim in support of" PCR. Id. at 462. "[C]ourts should view the facts … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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njcourts.gov
… factual findings unless convinced "they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … the stinging sensation caused by a slap is adequate to support an assault. State v. Downey, 242 N.J. Super. 367, …