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njcourts.gov
… unless it is arbitrary, capricious or unreasonable or not supported by substantial credible evidence in the record." … (App Div. 2005). Therefore, "a prison administrator's determination not to give a prisoner a polygraph examination … See N.J.A.C. 10A:4-10.1(f) (2014). 10 A-3670-14T4 determination is 'arbitrary, capricious or unreasonable.'" Id. …
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njcourts.gov
… he continued to live with his parents, providing financial support as well as care to his mother, who suffers from … We likewise reject defendant's contention that Bruen supports the proposition that gun possession crimes are …
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njcourts.gov
… plaintiff cross-moved for the funds to be released to it, supported by a certification from plaintiff's president, … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … language of the settlement agreement. In the certification supporting defendants' motion, New Vision's president/CEO …
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njcourts.gov
… the Board adopted the ALJ's decision as its final determination in a single sentence, and failed to address … and typing, handwriting reports, filing, and speaking with children's parents. Around 2008, petitioner developed a mild … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of 4 …
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njcourts.gov
… accompanied the order under review. I. The underlying facts supporting defendant's convictions are outlined in our … the robbery and testimony from a cousin, Roger Gilbert, to support 6 A-5305-18 his alibi defense that he was at the … again" girlfriend Heather Berkey, and mother of one of his children to testify at trial, but ultimately, she refused to …
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njcourts.gov
… a second motion to transfer venue with an amended brief in support of the motion. The trial court issued an order … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… to state a claim. In an accompanying certification in support of the motion to dismiss, the Casterlines certified … continuous and systematic contacts with New Jersey to support general jurisdiction over the Casterlines. Finally, …
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njcourts.gov
… police officer, agreed to apply his long-standing policy of supporting law enforcement officers by discounting the … trial court's factual findings "when 'those findings are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… Awonusi intended to stay at the property when visiting his children in the United States. Because he was living abroad, … 9 A-3023-18T1 Judge Jablonski also made key credibility determinations, finding Awonusi more credible than Yaboh and … "a fraction" of Awonusi's original purchase price is not supported by the evidence. Famek further maintains that an …
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njcourts.gov
… Because the trial court conducted a thorough and factually supported analysis of the Barker1 factors, we affirm. I. On … N.J. Super. 633, 644 (App. Div. 2021). A trial judge's determination that a defendant's right to a speedy trial was violated will only be reversed if that determination is clearly erroneous. State v. Tsetsekas, 411 …
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njcourts.gov
… call to testify at trial; (2) serve an expert report to support the claims set forth in her amended complaint; (3) … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of trial courts." Ibid. Thus, our review "is limited to a determination of whether the trial court mistakenly exercised …
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njcourts.gov
… that No Delays Could be Attributed to the State is Not Supported by the Record and is Clear Error. B. The Trial … the remand will result in additional delay in the determination of defendant's speedy trial claim, but we are … findings of 14 A-3752-21 fact and conclusions of law in support of its decision. R. 1:7-4. Nothing in this decision …
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njcourts.gov
… tax board, thus barring the assessor from testifying in support of raising the assessments. The taxpayer argues the … or appraiser differs from the run-of-the-mill credibility determination utilized for fact-finding. For typical … lack of credibility does not automatically equate with a determination the witness is lying. For example, a witness on …
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njcourts.gov
… process." Sullivan, 403 N.J. Super. at 96. The record supports the trial court's decision to dismiss plaintiff's … be used. The trial court found that there was no good cause supporting plaintiff's requests for a protective order and …
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njcourts.gov
… has not provided this [c]ourt with competent evidence to support her arguments. As such, [p]laintiff has not shown … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… A-0408-22 On July 13, 2022, Jo-Med filed a certification in support of an award of attorney's fees and costs. On August … contract. Substantial credible evidence in the record supports the judge's judgment in favor of Jo-Med. Indeed, … to perform "in accordance with" the contract is also unsupported. The record 13 A-0408-22 demonstrates no genuine …
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njcourts.gov
… 1, 2020). We briefly set forth the facts material to our determination of defendant's second PCR appeal. On August 30, … offer if he had been aware of his possible exposure was unsupported in the record. At a pretrial hearing, the trial … found defendant's testimony lacked credibility and was not supported by the record. 6 A-3080-21 The State presented the …
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njcourts.gov
… . . de novo, affording no deference to the trial court 's determination." Pace v. Hamilton Cove, 258 N.J. 82, 95-96 … 116 N.J. at 746). "Nonetheless, 'the essential facts supporting plaintiff's cause of action must be presented in … PERS member backpay). Although we agree with the court's determination plaintiff's complaint failed to establish a …
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njcourts.gov
… for a new trial based on newly- discovered evidence. In a supporting certification, defendant claimed he was unaware … found that "[n]ot a scintilla of evidence was presented supporting this wholly self-serving and untimely assertion." … IAC claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
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A-3546-22 Briefs
Briefs
njcourts.gov
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