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… that defendant did not present any competent evidence to support his claim that his trial attorney was mentally … trial counsel. The judge distilled defendant's argument in support of PCR to five allegations against trial counsel: … each allegation and found no legal basis or factual support to conduct an evidentiary hearing. With respect to …
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… uphold his factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … We owe particular deference to the judge's credibility determinations. See State v. Locurto, 157 N.J. 463, 474 … (2013). The record of defendant's trial revealed that three children were born from defendant's and the victim's …
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… did not offer at trial nor does he offer now any legitimate support for this argument. Commencing in November 2014, both … standard when reviewing a trial court's Rule 4:37-2(b) determination. Ibid. (citing Fox v. Millman, 210 N.J. 401, 428 … Hovbilt, 138 N.J. at 620. Thereafter, a tax assessor's determination is entitled to "a presumption of validity"; this …
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… filed a motion for summary judgment. The motion was supported by a certification of a vice president, which … "[s]uch a claim 5 A-1305-17T4 cannot be sustained with unsupported conclusory statements. The pleading is deficient … predatory lending, let alone newly discovered evidence to support such a defense. Indeed, defendants refer to a …
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… POSTCONVICTION RELIEF COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE HEARING. Mindful … (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … with defendant . Giving deference to this credibility determination, we conclude that the PCR court's finding that …
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… in the State's correctional system, appeals from a final determination of the New Jersey Department of Corrections … capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., 229 … there is sufficient evidence in the record to support a determination that Adams is not eligible for a halfway-house …
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… II. On appeal, Wilson does not contest the Commission's determination that she committed the various offenses with … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. This same deferential … Our review makes plain the Commission's decision is supported by sufficient credible evidence and that the …
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… was not arbitrary, capricious, or unreasonable and was supported by substantial, credible evidence in the record. I … obtaining employment in law enforcement so long as the determination is made by looking at the totality of the … We discern no abuse of discretion in the Commission's determination that appellant's two arrests and multiple …
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… did not present competent or credible evidence to support its position that petitioner "could work in some … disturb the judge's factual findings so long as they are supported by sufficient credible evidence. Paul v. Baltimore … We find no basis to second- guess the judge's credibility determinations, and we conclude that the decision is supported …
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… also considered various mitigating factors in its parole determination. The panel noted Battle participated in … unless "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … 347 N.J. Super. 544, 565 (App. Div. 2002). The Board's determination is supported by sufficient credible evidence and …
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… in a single point: THE PCR COURT'S FACTUAL FINDINGS DO NOT SUPPORT ITS DETERMINATION THAT DEFENDANT FAILED TO ESTABLISH THAT SHE WAS … that the judge's "factual findings do not support [his] determination that [she] failed to establish prejudice under …
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… concluded defendant failed to set forth facts that would support a claim of ineffective 4 A-2244-17T1 assistance of … PCR judge noted a complete absence of any information to support defendant's ineffective assistance of counsel claim. … dismissed. We discern no basis to disturb the PCR judge's determination that …
njcourts.gov
… "An arrest . . . requires probable cause and generally is supported by an arrest warrant or by demonstration of … as "inherently lack[ing] the reliability necessary to support reasonable suspicion because the informant's … there was both probable cause and grounds, which would have supported an arrest warrant on the facts then known to the …
njcourts.gov
… husband's birthday and he told defendant that one of their children might call or come over. Defendant told the couple 3 A-0847-15T2 it would "not be good" if one of the children were to come over to the house and he then pulled … the factual basis taken during his plea was not adequate to support a conviction for first-degree kidnapping. We …
njcourts.gov
… or that the court ordered a withdrawal of the petition." In support of this supposition, appellate counsel cites to the … the Memorandum of Opinion written by Judge Diane Pincus in support of her February 26, 2016 order denying defendant's … and call to the stand the alleged alibi witness. The only support defendant presented for the existence of this …
njcourts.gov
… v. Silver, 387 N.J. Super. 112, 126 (App. Div. 2006) to support restraints, we reverse and remand for further … court hearing an application for an FRO must make two determinations: (1) whether the plaintiff has proved by a … Super. 34, 39 (App. Div. 2001)). In making the second determination pursuant to Silver, the court must consider the …
njcourts.gov
… his Miranda1 rights were violated, and he has three small children for whom he cares. On September 9, 2015, … subject to NERA. The judge also rejected defendant's unsupported assertion that his inculpatory statements to … the plea hearing's "backwards" sequence undermined the determination that he knowingly and voluntarily 6 A-1400-15T1 …
njcourts.gov
… N.J. Super. 392, 401 (Ch. Div. 1990). We review a court's determination of a motion for reconsideration under an abuse … 208 N.J. 369 (2011); R. 4:50-2. We also review a court's determination of a Rule 4:50-1 motion under an abuse of … on April 1, 2016." The notice of motion stated that in support of the motion, appellant would rely upon the 7 …
njcourts.gov
… FRO.1 We affirm. R.M. and L.A.G. are lawyers and share four children. They experienced marital difficulties during the … violence history. He also asserts there was no evidence supporting the court's reliance on the parties' financial … and the best interests of their children in its determination if an FRO was necessary because 8 A-4969-15T2 …
njcourts.gov
… of the ordinance. We reverse because the evidence does not support either conviction. Defendant owns a vacant three … of a structure or property shall be responsible for the extermination of insects, rodents, vermin or other pests in … the 4 A-4556-14T3 occupant shall be responsible for such extermination in the exterior areas of the premises of a …