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njcourts.gov
… sale three. The expert did not make any independent determination to extract the value of the improvement from the comparable sale and provided no other support for his use of the tax assessment as the basis for … The expert did not provide an objective basis for his determination that a -10% adjustment for this 4 The court was …
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njcourts.gov
… days during their absences. The grievants challenged the determination, and their appeals through the DOC's … review of the record and applicable law, we affirm PERC's determination holding an employee on leave collecting workers' … purpose of N.J.A.C. 4A:6-1.5(b) and the Civil Service Act support this conclusion. Before addressing the parties' …
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njcourts.gov
… – it looked like it had just come off a plant recently. To support his argument this testimony was problematic, … we have an organized crime here. We review sentencing determinations for abuse of discretion. State v. Robinson, 217 … at 363). We accord deference to the sentencing court's determination. Id. at 70 (citing State v. O'Donnell, 117 N.J. …
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njcourts.gov
… pursuant to inevitable discovery," as the record does not support a finding that the police would have inevitably … but presents a Fifth Amendment issue, involving a determination as to whether providing access to the object of … to address it and for the trial court to have made the determination. Witt, 223 N.J. at 419. Turning to defendant's …
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njcourts.gov
… facts will have to be especially extraordinary and well- supported." In March 2017, Anshul sent TRC a letter … followed. Our review of an agency's final administrative determination is limited. In re Carter, 191 N.J. 474, 482 (2007). We do not ordinarily overturn such determinations "in the absence of a showing that it was …
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njcourts.gov
… appellate court examines "whether the findings of fact are supported by substantial credible evidence with due regard … arbitrary or there is a lack of substantial evidence to support them." Glenpointe, 241 N.J. Super. at 46. Appellate … by plaintiff's arguments. In plaintiff's letter brief in support of his motion for reconsideration, he claims he was …
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njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … the suppression hearing fully supports the trial court's determination that the Detectives' stop of defendant's vehicle …
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njcourts.gov
… of the record. The credible evidence in the record supports the findings at the hearing and the instructions … made by the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … trial court made several factual findings supporting its determination that the vehicle was lawfully stopped, and the …
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njcourts.gov
… the petitioner "must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … than the punishment imposed. We are convinced the record supports the PCR court's determination. As the judge noted, consolidation of charges …
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njcourts.gov
… 2) the Board failed to make the necessary findings to support the c(1) variances granted; 3) the resolution failed … to the public good to its engineer for post-hearing determination; and 5) the applicants failed to present … 433 N.J. Super. at 252. However, a zoning board's legal determinations are subject to de novo review. Jacoby v. Zoning …
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njcourts.gov
… opinion, making detailed factual and credibility findings supporting her determination that defendant was guilty of simple assault. The … oral opinion, the judge made the following credibility determinations and findings of fact. Defendant and D.F. dated …
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njcourts.gov
… the trial court's finding of aggravating factor one is unsupported by the record. In a footnote, he asserts the … factors, determine which 15 A-4381-14T4 factors are supported by a preponderance of the evidence, balance the … and balance[d] aggravating and mitigating factors that are supported by competent credible evidence in the record." …
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njcourts.gov
… MADE BY THE [PCR] COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE EVIDENTIARY … petition if the defendant presents a prima facie case in support of relief, the court determines that there are … he was precluded from presenting the court with facts supporting this claim and how counsel's alleged error …
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njcourts.gov
… raise the alibi shortly after arrest; (2) the alibi was not supported by independent objective evidence; (3) defendant … 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 …
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njcourts.gov
… COURT ERRED IN FAILING TO FIND MITIGATING FACTORS SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD, AND TO … 192 N.J. at 243. We will not disturb a lower court's determination unless it is "so clearly mistaken 'that the … The appellate court will not disturb a trial court 's determination "unless the evidentiary ruling is 'so wide of …
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njcourts.gov
… subsequently issued a comprehensive written opinion in support of the order dismissing defendant's PCR application. … affirm the PCR court's factual findings unless they are not supported by "sufficient credible evidence in the record." … petition only if: (1) they establish "a prima facie case in support of [PCR]," (2) "there are material issues of …
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njcourts.gov
… finding there was sufficient evidence in the record to support the municipal court's ruling. She noted defendant … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … of innocence and stands convicted—ready to challenge that determination on appeal. [Ibid.] Thus, appellate review of a …
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njcourts.gov
… cases is limited. R. 1:36-3. 2 A-1068-21 judge's (ALJ) determination Etheridge is collaterally estopped by an … under the Teacher Effectiveness and Accountability for the Children of New Jersey statute (TEACHNJ), N.J.S.A. 18A:6-117 … We affirm the Commissioner's decision because it is supported by the evidence and Etheridge makes no showing it …
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njcourts.gov
… filed or served in that action. In her motion, which was supported by her counsel's certification, plaintiff asserted … order. We conduct a de novo review of a trial court's determination of a motion to enforce a judgment under Rule … may only be logically employed following a substantive determination a party is entitled to a judgment or an order. …
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njcourts.gov
… from the Civil Service Commission's final administrative determination of February 1, 2023, denying his petition for … his appeal. Beyond this, Gaston claims the agency's final determination was against the weight of the evidence and was … Jersey Division of Mental Health and Addiction Services to support his assessment that the victim depicted in the …