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njcourts.gov
… defendant filed another application to vacate the FRO. In support of his motion, defendant provided a psychological … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … in reaching her conclusion. Her findings of fact are fully supported in the record and her legal analysis is …
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njcourts.gov
… Because the trial court's findings of fact were adequately supported in the record and the judge correctly applied the … we apply a deferential standard to a "trial court's determinations, premised on the testimony of witnesses and … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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njcourts.gov
… PCR petition. Following the appointment of PCR counsel, a supporting brief was filed on behalf of defendant, … assistance of counsel because her claims were not supported by the record of her plea and sentencing. … defendant did 7 A-2128-23 not present any specific facts supporting her assertion that plea counsel misadvised her …
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njcourts.gov
… whom he had an infant daughter. T.B. also has two other children. In February 2016, defendant had come to T.B.'s … AND WHERE THE EVIDENCE PROVIDED A RATIONAL BASIS TO SUPPORT AN INSTRUCTION. Point II – THE PETITIONER RECEIVED … trial counsel's failure to request a charge that was not supported by the record. In his second argument, defendant …
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njcourts.gov
… we examine whether the trial court's factual findings were supported by substantial credible evidence; however, we review de novo whether those facts supported the court's legal determination on the jurisdiction 4 Because the court …
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njcourts.gov
… In affirming, the Supreme Court recognized the State must support an application for a buccal swab with an affidavit … 234 N.J. at 213. In Gathers, the Court found that the support for the State's motion to compel a buccal swab was … the drugs seized and defendant. Unlike Gathers, the State supported its motion to obtain a buccal swab with an …
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njcourts.gov
… defendant failed to include a certification or affidavit in support of his petition. Defendant did not appeal the denial … FOR A NEW TRIAL, AND POST-CONVICTION RELIEF, WHICH WERE SUPPORTED BY CERTIFICATIONS WITHOUT THE BENEFIT OF AN … submitted a 2021 affidavit from a private investigator in support of his third PCR petition, the information in that …
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A-29-25 Petitioner's Reply Brief
Briefs
njcourts.gov
… County, and Jersey City ('Respondents') and in further support of Appellant's petition for certification. Appellant … merits of his Appellate submissions and those submitted in support of his petition for certification. ## PRELIMINARY … reasons, the reasons set forth in Petitioner's brief in support of this application, and the reasons stated in the …
njcourts.gov
… in May 2013. J.W. resided in Audubon with his wife and two children. J.W.'s brother, M.W., also resided in Audubon with … found Dr. LoPreto's "testimony to be more persuasive and supported by the facts and the records in this case." … 29, 48 (2008). 14 A-0249-24 II. Our review of an agency determination is limited. Russo v. Bd. of Trs., PFRS, 206 N.J. …
njcourts.gov
… is no sufficient legal, equitable, or evidentiary basis to support the post-remand final judgment entered on December … proofs and the trial court's findings are insufficient to support the enforceability of the alleged written agreement, … or under pertinent concepts of equity to the extent supported by the law and the proofs. I. We need not repeat …
njcourts.gov
… only [for a] de minimis traffic violation, which could not support [the] stop because [the] stop was clearly pretextual … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … 398 (2022). However, we are not bound by a trial court's determination of a strictly legal question. See State v. …
njcourts.gov
… or bad faith. Read in isolation, that sentence could support indemnification here, as Boyle argues and the … this Court affords no special deference to the legal determinations of the trial court.” Templo Fuente De Vida … in the case of a settlement -- i.e., absent a judicial determination regarding misconduct or bad faith -- the third …
njcourts.gov
… trial counsel's failure to investigate the claim was not supported by specified competent evidence that "would have … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
njcourts.gov
… with his cousin . . . to pick up [his cousin's] two young children at the home of the children's father, Benjamin … neither submitted a sworn certification nor an affidavit in support of his PCR petition. Based on defendant's unsworn … an evidentiary hearing, we review its legal and factual determinations de novo.'" State v. Vanness, 474 N.J. Super. …
njcourts.gov
… is to be divided by two. The Board posited there was no support for plaintiff's argument that the ordinance intended … of the block" is unreasonable, 12 A-2220-21 improper and unsupported by sound planning principles; and (4) … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … The trial court considered these, finding that they supported the reliability of the victim's eyewitness … That claim is not supported. Our review of a sentencing determination is limited. See State v. Roth, 95 N.J. 334, …
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… FINDINGS WERE BASED UPON UNRELIABLE HEARSAY WHICH WAS NOT SUPPORTED 13 A "person," as defined by N.J.S.A. 1:1-2, … A-4042-17T3 The scope of our review of Judge McGovern's determination on Cayuse's retail firearms dealer's application is limited. In general, "[f]inal determinations made by the trial court sitting in a non-jury …
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… Const. art. IV, c1.2). A. The Court Failed To Make A Determination Of [Defendant's] Ability To Pay, As Required by … of misidentification arose. The court's findings, supported by the record, should not be disturbed. The … and recollect, and whether the witness's testimony was supported or unsupported by other evidence. See Model Jury …
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… re Commitment of Raymond S., 263 N.J. 1 In light of this determination, and for the reasons discussed at the end of … application to commit an individual to treatment "shall be supported by the oral testimony of a psychiatrist on the … a matter of significant public importance warranting our determination of abstract legal issues where there is no …
njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Hermann, 192 N.J. at 27-28. 6 … of a violation of time limits." When making such a determination, the Hearing Officer may consider: "(1) [t]he … 18, 23-24 (App. Div. 2005). A "prison administrator's determination not to give a prisoner a polygraph examination …