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njcourts.gov
… bound to accept the trial court's fact findings if they are supported by substantial credible evidence, In re Return of … we exercise de novo review over the trial court's legal determinations, Manalapan Realty, LP v. Twp. Comm. of … of legal and competent evidence to support the judge's determination that the issuance of the permits would not be in …
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njcourts.gov
… that there was no rational basis in the evidence to support a charge. Defendant maintains that he did not speak … injury to the cashier. Thus, there exists no evidence supporting a rational basis for charging attempted theft as … and mitigating factors found by the trial court are not supported by the record, or (3) application of the …
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njcourts.gov
… On March 24, 2016, plaintiff moved for summary judgment. In support of its motion, plaintiff filed a certification … more than conclusory arguments devoid of any factual support or reference." II. We apply the same standard as the … matter of law." R. 4:46-2(c). Without making credibility determinations, the court considers the evidence "in the light …
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njcourts.gov
… FET. Both Board panels issued written decisions in support of their rulings. Carter appealed to the full Board … TO IMPOSE A FUTURE ELIGIBILITY DATE OF 120 MONTHS IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD, IT … in accordance with N.J.A.C. 10A:71-3.11. The Board's determination is supported by sufficient credible evidence and …
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njcourts.gov
… The Board's decision affirmed an Appeal Tribunal determination petitioner is obligated to refund the Division … worked a sufficient number of weeks or earned enough wages supporting an award of regular benefits. The Division then … unemployment benefits for twenty-six weeks. Based on that determination, the Division therefore found petitioner was …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … Super. at 428. We defer to a trial judge's credibility determinations. Gnall, 222 N.J. at 428. We review de novo a … N.J. at 577. "Common sense and experience may inform that determination." Ibid. As to the second prong of the analysis, …
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njcourts.gov
… pro se from the August 17, 2023 final administrative determination of the Board of Trustees (Board) for the Public … Township after December 31, 2007." Santore appealed the determination to the Board. The Board determined Santore was … for pension enrollment under N.J.S.A. 43:15A-7.2(b). In support of his contention, he states he: (1) had a personnel …
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njcourts.gov
… facie ineffective assistance of counsel claim must be supported by "specific facts and evidence supporting [defendant's] allegations." State v. Porter, 216 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… findings of" that trial judge, when such findings "are 'supported by sufficient credible evidence in the record.'" … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant[,] … even in equity within a reasonable period of time." This determination is entitled to deference because it is based on …
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njcourts.gov
… remand for required findings of fact based on credibility determinations. I. In 2016, defendant was arrested on the … testimony. The court makes no express credibility determination with respect to any of the troopers. The opinion … findings after a suppression hearing, upholding findings "supported by sufficient credible evidence in the record." …
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njcourts.gov
… the complaint. Defendant advanced several arguments in support of its motion. First, defendant observed that when … also represented he had medical records and bills to support his damage claim. In her ruling immediately … attention and had received a diagnosis sufficient to support a claim for emotional distress. Plaintiff argues …
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njcourts.gov
… presumably by plaintiff. Defendant provided no details supporting his allegations. On May 10, 2024, the motion … the [S]heriff's sale, [he] failed to provide evidence to support such allegation." Finally, the court found defendant … complaint, other than to argue, without evidentiary support, that he "found" on an unspecified date "[f]raud and …
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A-12-24 Respondent Brief Letter
Briefs
njcourts.gov
… as within the Board’s authority and, in Krug’s case, was supported by sufficient credible evidence in the record. … does it conflict with other decisions. And an ample record supports the Appellate Division’s decision. Krug argues that … and Krug’s responses to the panel’s questions, only further supported the conclusion that Krug had insufficient problem …
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njcourts.gov
… filed an amended verified PCR petition and brief in further support of defendant's petition. Defendant argued that plea … arguments are unavailing. The factual and legal determinations made by a PCR court are reviewed de novo when … "if a defendant has presented a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 …
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njcourts.gov
… to," "there [we]re no facts being alleged by [p]laintiff to support a nursing malpractice cause of action," and … a duty to make findings of fact and to state reasons in support of their conclusions." Heinl v. Heinl, 287 N.J. … professional in the course of providing medical services in support of the State’s response to the outbreak of …
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njcourts.gov
… is "arbitrary, capricious, or unreasonable or . . . not supported by substantial credible evidence in the record as … decision, which accepted and adopted the ALJ's determination to uphold Bennette's violations and the … to counsel's letters, as they were immaterial to the determination of Bennette's charges under N.J.A.C. 4A:2-2.3. …
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njcourts.gov
… oral argument, the PCR judge issued a written decision supporting his order denying defendant's petition without an … only upon the establishment of a prima facie case in support of post- conviction relief . . . ." A "prima facie … will ultimately succeed on the merits[,]" and must be supported by "specific facts and evidence supporting his …
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njcourts.gov
… this appeal is that charges *.803/*.002 and *.050 were not supported by substantial evidence in the record. After … Prison, 81 N.J. 571, 579-80 (1980)). "[A]lthough the determination of an administrative agency is entitled to … appellant was unmasked. Accordingly, the NJDOC's final determination was not arbitrary, capricious, or unreasonable. …
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njcourts.gov
… suspicion that Defendant was armed and dangerous to support a frisk of Defendant's clothing. The State argues … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … acknowledges that the pocket search might not have been supportable by probable cause. In any event, the fruits of …
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njcourts.gov
… aggravated assault charge. PCR counsel subsequently filed a supporting brief, incorporating defendant's ineffective … consideration: POINT I THE PCR COURT'S FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD … 2014) (citation omitted). A defendant's IAC claims "must be supported by 'specific facts and evidence supporting [the …