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… The family court's findings are binding so long as its determinations "are supported by adequate, substantial, credible evidence." Id. … Super. at 28. In that case, we vacated the trial judge's determination that the plaintiff had an interest in the …
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… the description he gave. None of these assertions are supported by the record. G.W.'s description was not … there was competent and credible evidence 15 A-3626-16T3 supporting the application of the guidelines, and whether …
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… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … or assigned duties. Ibid. That board adopted an ALJ's determination that although Kasper had taken "a few steps" on …
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… two years of executing the Agreement. Petitioner did not support that assertion with an affidavit or certification … loss of petitioner's fingers. When asked to explain his determination that $1,000 of the $5,000 payment was for the … The judge provided no other explanation and no factual support for his finding. The judge memorialized his decision …
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… to the ground, Dusenbery's 3 We do not address the ALJ's determination, which was adopted by the Board in its final … 4, 2015 incident. Dusenbery does not challenge that determination on appeal. See Drinker Biddle & Reath LLP v. … Woods incident.4 The ALJ 4 The ALJ made detailed findings supporting her conclusion Dusenbery is totally and …
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… for a new trial based on newly discovered evidence. In support of that motion, he presented a certification from a … on the claims being advanced" and includes evidence that supports a general denial of guilt. State v. Ways, 180 N.J. … to the sound discretion of the trial court, and its determination will not be reversed on appeal unless there has …
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… about the phones was not credible because it was not supported by any of the contemporaneous reports the … we discern no basis for disturbing the trial court's determinations regarding these four defendants. In order for … of these factors was not necessary to its final determination. In Andrews, the Supreme Court confirmed that …
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… you know -- I don't see any version of facts that would support an aggravated manslaughter -- the state of mind, … a defendant, as long as the instruction "is requested and supported by some evidence in the record, it must be given." …
njcourts.gov
… In his petition, defendant alleged the following supporting facts: I was driving my sister's car and was … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
njcourts.gov
… at 2:41 p.m., 2:44 p.m., 3:30 p.m., and 4:29 p.m. In support of their motion, defendants filed a certification … [c]ourt is satisfied with the certifications submitted in support of the contention that the method by which an e-mail … of the validity of an arbitration agreement and the legal determinations made by the trial court is de novo. Morgan v. …
njcourts.gov
… the petition itself must allege the facts relied upon to support that claim. State v. Mitchell, 126 N.J. 565, 576 … hearing where he establishes a prima facie case in support of PCR. See R. 3:22-10(b). Viewing the facts in the …
njcourts.gov
… (App. Div. 2019). The court "will disturb a trial court's determination on counsel fees only on the rarest occasion, and … of a binding settlement[] to make a definitive CFA determination." Id. at 420. We explained that the parties … 2015). Defendant has not moved for appellate counsel fees, supported by affidavits or certifications as prescribed by …
njcourts.gov
… difficulty keeping his balance. He grabbed onto the car for support to keep from falling. The officer noticed … that he had an opportunity to make a 5 A-5581-18T1 determination as to where defendant's car had its "initial … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … [must be filed] in accordance with [Rule 4:86] for the determination of his or her mental incompetency and the … of defendant's alleged power of attorney, the determination of which had no bearing on plaintiff's standing. …
njcourts.gov
… was determined to be smaller than previously mentioned, it supported a finding that defendant "had been in possession … the judge's decision on the motion to dismiss to be fully supported by the record. Defendant also contended that …
njcourts.gov
… defendant did not display his police badge, call for police support, or render aid to Smith. Instead, defendant told … to trial judges when evaluating their evidentiary determinations, State v. Cole, 229 N.J. 430, 449 (2017), which … was accidental. Defendant further challenges the judge's determination that Olimpio was not qualified to testify …
njcourts.gov
… the indictments. Each of the four Cofield factors is supported by the record. First, evidence of each incident is … These are separate counts of the indictment. In your determination of whether the State has proven the [d]efendant … we were to consider defendant's argument, does the record support a conclusion that the failure to give a disguise …
njcourts.gov
… Division judge concluded the factual basis was adequate to support the guilty plea. Defendant raises the following … the factual basis to a guilty plea," do "not mak[e] . . . determination[s] based on witness credibility or the feel of … trial court." Ibid. The necessity for a factual basis to support a guilty plea is rooted in due process. See McCarthy …
njcourts.gov
… consequently, the court's finding amounted to a determination of a disputed fact that usurped the function of … expressed a net opinion is based on the court's factual determinations that are contradicted by the record and the … rise to the slip and fall, or eyewitness testimony, may support an inference of constructive notice about the …
njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … in original) (quoting Terry, 392 U.S. at 27). The record supported the trial judge's finding a reasonable suspicion …