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njcourts.gov
… of fact should not be disturbed so long as they are supported by "sufficient credible evidence present[ed] in … demonstrated a chronic pattern of behavioral problems since childhood. He also has a history of involvement with the criminal justice system, and a lack of cooperation with supportive efforts. Dr. Carmignani said D.M.B.'s personality …
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njcourts.gov
… BY THE ALLEGED VICTIM, WHICH MISLED THE MUNICIPAL JUDGE'S DETERMINATION OF "PROBABLE CAUSE." POINT V IT IS A VIOLATION … TRUTH, INCLUDE FALSE STATEMENTS IN AN AFFIDAVIT FILED IN SUPPORT OF A WARRANT. POINT VI THE TRIAL COURT ERRED IN THE … that relief would be granted. Rule 3:22-4(b)(2)(B). In support of his most recent PCR petition, defendant asserts …
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njcourts.gov
… of our review is narrow. We review the trial court's determination of a motion to dismiss for a clear abuse of … the trial court's decision, so long as those findings are 'supported by sufficient credible evidence in the record.'" … Elders, 192 N.J. at 244. A trial judge's credibility determinations therefore should be upheld if they are …
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njcourts.gov
… went to try to evade this. The court found the same reasons supported the predicate act of cyber-harassment. The court … III: THE TRIAL JUDGE'S OPINION FAILED TO SUPPORT THE DETERMINATION THAT THE FINAL RESTRAINING ORDER WAS NECESSSARY … in [N.J.S.A. 2C:25-19(a)] has occurred." Id. at 125. This determination is made "in light of the previous history of …
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njcourts.gov
… don't see any medical evidence, at all, in the record that supports [Picciano]'s case that he was suffering from … with that. I don't see any evidence in the record to support any of that. . . . . 6 A-3071-17T2 The only time … party], I just don't see any scientific evidence that supports [Picciano's] claim. . . . . . . I would also, as an …
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njcourts.gov
… to amend his complaint to add factual allegations in support of his LAD claims and to assert claims that the … to amend his complaint to add new factual allegations to support his claims under LAD. Having reviewed the complaint … defendants essentially argue that the record in Valdes supports a motion to dismiss in this case because "a …
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njcourts.gov
… fundamental contention is the judge's conclusions are unsupported by the evidence, and the "overwhelming weight" of … (1965)). We thus defer to the factual findings and legal determinations made by the judge of compensation unless they … searching the record, we find sufficient support for his determination petitioner was respondent's employee within the …
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njcourts.gov
… his sexualized violence, his history of impulsivity, his childhood behavioral problems and his antisocial attitudes … such as H.E. having a fiancé and adult children. To support his opinion, Dr. Pirelli administered the Risk for … affirm. "'The scope of appellate review of a commitment determination is extremely narrow.'" R.F., 217 N.J. at 174 …
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njcourts.gov
… decision "regarding the validity of a local board's determination, 'we are bound by the same standards as was the … non-conforming structures can constitute hardship is supported by Lang v. Zoning Bd. of Adjustment of Twp. of N. … conclusion. The record also supports the trial court's determination that plaintiffs are entitled to (c)(1) variance …
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njcourts.gov
… submitted a supplemental brief and certification in support of his petition. Defendant alleged his trial counsel … issues in his first appeal. Neither the record nor the law support any of those arguments. 1. Trial Counsel's Alleged … potential witnesses. Moreover, defendant's certification in support of his PCR petition is too vague, conclusory, and …
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njcourts.gov
… required plaintiff to produce all relevant documents in support of its demand for payment and rejected plaintiff's … to produce to defendant the documents necessary to support the claims alleged in the complaint. The Special … case and compelling the production of discovery in support of plaintiff's allegations. B. We also reject …
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njcourts.gov
… by NERA. The sentencing court found the credible evidence supported a finding of aggravating factors three, N.J.S.A. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … State v. Porter, 216 N.J. 343, 354 (2013)). We affirm the determination that defendant was not entitled to an …
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njcourts.gov
… through a reversal of an Administrative Law Judge's (ALJ) determination. We affirm. I. We summarize the pertinent facts … threshold of 'limited assistance' or 'supervision/cueing' support," as those terms are defined at N.J.A.C. 10:164-1.2, … On appeal, R.E. argues that the Assistant Commissioner's determination reversing the ALJ's decision was arbitrary, …
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njcourts.gov
… "failure to appear for trial on the peremptory trial date" supported by an oral opinion. It determined: Defendant and … the court entered an order denying the motion to reinstate supported by a written opinion. It found: Defendant's … motion is denied." "[C]ounsel failed to submit a brief in support of his request for relief as required by the [Rule]. …
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njcourts.gov
… the area where plaintiff fell and produced two surveys in support of this position. Defendants maintained no duty … ordinance does not create a legal duty; and (4) no facts support any theory of vicarious liability against Stevens & … credible evidence contained in the summary judgment record supports the trial court's grant of summary judgment which …
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njcourts.gov
… or another judge, will be hearing the matter, making the determination in regard to the issues of guilt or other … the admission of evidence and the State presented witnesses supporting its claim defendant had committed the charged … the evidence, made findings of fact and credibility determinations, and found the State had satisfied its burden …
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njcourts.gov
… moved for summary judgment, asserting plaintiff could not support her claim because defendant was immune from … allow amendments liberally. We review the trial court's determination to grant defendant's motion for summary judgment … N.J. 463, 478 (2013). We also review the trial court's determination on the Act's applicability de novo, "because an …
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njcourts.gov
… his written opinion, the judge made extensive credibility determinations. The judge found defendant's credibility … 285, 299 (App. Div. 2016), unless the findings are not supported by adequate, substantial , and credible evidence, … hearing, we have no basis to reject the judge's determination that defendant failed to establish ineffective …
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njcourts.gov
… On June 22, 2010, defendant submitted a certification in support of his application to withdraw his guilty plea, … court-appointed PCR counsel filed a brief and exhibit in support of defendant's petition. On May 9, 2014, the court … that defendant did not submit any competent evidence supporting his allegation of ineffective assistance of …
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njcourts.gov
… belief that he owned the [e]ncroachment [a]rea." To support his credibility assessment, the judge relied on … Applying these principles, the judge found "no facts to support a claim that [the Township] made any … arguments raised for the first time 11 A-1637-21 "A final determination made by a trial court conducting a non-jury case …