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njcourts.gov
… when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … to show that "defendant was right to fear the victim and [support] the defendant's argument that she acted in self- … how the shooting occurred, and by using the mannequin in support of the defense case. The judge noted that in …
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njcourts.gov
… FET outside of the administrative guidelines was not supported by the record and violated his due process rights. … We disagree. 7 A-4316-14T2 Judicial review of parole determinations is limited to an evaluation of whether the … 126 N.J. 330 (1991). Our review is also limited to a determination of whether the agency's findings could …
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njcourts.gov
… the trial court's factual findings . . . 'when [they are] supported by adequate, substantial and credible (continued) … more than he was incorrect. We affirmed the court's determination on that precise issue on appeal, finding … upon which Kramer's Rule 1:10-3 motion was based finds no support in the record. Montclair's entry into the agreement, …
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njcourts.gov
… 2 A-1182-16T2 Petitioner Paul Mattia appeals from a final determination of the Board of Trustees ("Board") of the Police … injuries are the subject of the Board's July 13, 201[5] determination [that Mattia is totally and permanently … is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., 431 N.J. …
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njcourts.gov
… five-and-one-half-year delay in contacting Maradonna "support[ed] a finding that the Division did not act … to the ALJ's decision. The Board issued a final determination adopting the ALJ's factual findings and legal … the following points on appeal: [I.] THE PERS BOARD'S DETERMINATION THAT [MARADONNA] CONTINUED AS AN ACTIVE PERS …
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njcourts.gov
… the advice of competent counsel and that the pleas were supported by adequate factual bases. Finally, defendant … hearing only when he "has presented a prima facie [case] in support of [PCR]," that a defendant "must demonstrate the … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. "However, a defendant is …
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njcourts.gov
… an end in itself. Rather, it is a factor in the court's determination whether there is a reasonable probability that, … the totality of the evidence in making its prejudice determination. . . . . The testimony of [the Walgreens … and interviewed there is nothing before the court that supports a finding that the manager would have had any …
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njcourts.gov
… for a thorough and efficient education for public school children. The Department was asked to forgo collecting any … not assert a well settled legal right because it failed to support its position with legal authority. The ALJ found the … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
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njcourts.gov
… dating for approximately eight years. They do not have any children together. Plaintiff was hospitalized for a period … "did not make findings of fact and conclusions of law" in support of his decision, and "did not find that [plaintiff] … and "[c]ommon sense and experience may inform that determination." Hoffman, 149 N.J. at 577. Because direct proof …
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njcourts.gov
… a reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … the pleading; (3) the factual allegations are adequately supported; and (4) factual denials are warranted. R. … or where no rational argument can be advanced in its support[.]" (quoting United Hearts, L.L.C. v. Zahabian, 407 …
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njcourts.gov
… He found "no evidence of any mental health deficiencies" to support the argument his mental health issues impaired him, … at, and kill, the victim. The judge found no evidence to support defendant's claim the gun accidentally discharged … at the plea or sentencing phases, or in the PCR petition to support the claim defendant's mental health impacted his …
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njcourts.gov
… On appeal, CURE argues that the judge's findings are not supported by the evidence in the record. CURE contends that … after a bench trial are "considered binding on appeal when supported by adequate, substantial and credible evidence." … We see no reason to disturb the judge's findings, which are supported by adequate, substantial and credible evidence in …
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njcourts.gov
… fact-finding by relying on his prior convictions to support its imposition of the extended term sentence under … verified petition refers to a pro se brief submitted in support of his initial petition. The brief is not included … aid, its finding of the aggravating and mitigating factors supporting the sentence were based solely on defendant's …
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njcourts.gov
… but "'attorney inadvertence' will not, standing alone, support a finding of extraordinary circumstances" entitling … [Id. at 341.] Plaintiff relies on the facts in Couri as support that the AOM statute does not apply to plaintiff's … plaintiff's breach of contract claim did not require expert support. Id. at 341. 11 A-2129-16T3 In deciding whether the …
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njcourts.gov
… in December 2011, decedent was survived by five adult children with his predeceased wife: John P. Valentine, Anne … decedent divided his "residuary estate" among his five children as follows: fifteen percent to John; twenty percent … was adequate to cover the appraised value of the house. As support, Eileen contends the Will's scrivener agreed with …
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njcourts.gov
… "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Jecker v. … (1974)). 4 A-3917-16T2 "We defer to the credibility determinations made by the trial court because the trial judge … defendant regarding bad checks. The trial court based its determination of damages on the handwritten letter. Defendant …
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njcourts.gov
… THE MOTOR VEHICLE STOP AND INVESTIGATIVE DETENTION WAS NOT SUPPORTED BY A REASONABLE ARTICULABLE SUSPICION OF A MOTOR … the motor vehicle stop and investigative detention were not supported by a reasonable and articulable suspicion that she … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled …
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njcourts.gov
… there was substantial credible evidence in the record to support the trial judge's order that it would be contrary to … maintained J.K.'s expressed concern for his safety was not supported by the evidence. The judge pointed out that if … jeopardy if J.K. is allowed to purchase a gun and a PTC is supported by his credibility findings. We are not "convinced …
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njcourts.gov
… and (4) the Authority's "factual findings were not supported by substantial evidence in the record." Appellate … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls …
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njcourts.gov
… 2C:25-17 to -35. Because the trial judge made credibility determinations, factual findings that were supported by substantial credible evidence, and correctly … plaintiff testified that defendant would kick and throw her children's clothes in the garage and hide their shoes. …