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njcourts.gov
… (DOC), appeals from the agency's August 27, 2018 final determination upholding a hearing officer's decision … arbitrary, capricious, or unreasonable, or 8 A-0464-18T1 unsupported by substantial credible evidence in the record as … to support the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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njcourts.gov
… for PCR did not contain "one iota of documentation" supporting a diminished capacity claim, the judge concluded … to introduce a bald assertion of diminished capacity, unsupported by any actual evidence." Judge Jimenez next … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… Board to determine whether the police report submitted to support her claim for an exemption under N.J.S.A. 43:21-5(j) … 28th, in the middle of the night" she, her son and her grandchildren "packed up and . . . left [her] home" because her … benefits under the statute." The Tribunal affirmed the determination of the Deputy, concluding that because Moore …
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njcourts.gov
… by the police, providing them with information that supported defendant's arrest and prosecution. At trial, the … 803(a)(1). He therefore claims these refusals to speak supports an evidential inference that defendant was not, in … by defendant. The cases cited in defendant's brief to support his argument are unavailing. For example, in State …
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njcourts.gov
… fellow inmate Vincent Heredia. Defendant and Heredia were childhood friends and it was alleged defendant picked up … such a verdict, a reviewing court must respect a jury's determination." State v. Afanador, 134 N.J. 162, 178 (1993). … aggravating and mitigating factors conflict and not supported by the record. As long as the sentence is based on …
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njcourts.gov
… hoodie. Based on his nineteen years of experience and his determination that the driver of the Pontiac fit the … not disturb the trial court's decision so long as it is "supported by sufficient credible evidence" and not "so … the anonymous tip, and therefore, it was insufficient to support a warrantless stop of his car. The United States and …
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njcourts.gov
… 366, 378 (1995). Applying this standard, the record amply supports the summary judgment order. The judge concluded the … concerning all of defendants' contentions are fully supported by the record and, in light of those facts, her … or "matters of great public interest" such as to support a finding that the interest of justice compels our …
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njcourts.gov
… his custodial statement. There is nothing in the record supporting a finding defendant's decision to speak to police … of matters previously adjudicated), but also, the record supports the voluntariness of defendant's statements, making … failures, and none of these accusations are explained or supported. The PCR judge identified record citations that …
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njcourts.gov
… of only those mitigating factors for which there is ample support in the record). Defendant thereafter filed a timely … assistance of counsel. In a supplemental brief in support of the petition, PCR counsel argued the court … that claim as well. Defendant has not appealed from that determination. 6 A-3983-14T3 not "illegal" was not subject to …
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njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … the information provided to the police was not adequate to support the issuance of a search warrant. Ibid. However, we … including those concerning credibility, because they "are supported by sufficient credible evidence in the record." …
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njcourts.gov
… condition, and the court therefore erred in its initial determination that expert testimony was required. The court … or construction defect, without some form of evidentiary support, will not defeat a meritorious motion for summary … allegation the step-down is approximately twelve inches is supported by the photograph that was considered by the …
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njcourts.gov
… to PCR that cannot be resolved based on the existing record supported by "specific facts 8 A-2007-16T4 and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … eight years later on September 16, 2015. The record amply supports Judge Blaney's conclusion that defendant has not …
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njcourts.gov
… PCR petition if he or she establishes a prima facie case in support of the petition. R. 3:22-10(b). To establish a claim … 42, 58-59 (1987). Defendant has presented no evidence in support of his contention that his trial counsel ignored his … has simply presented bald assertions, without factual support. Such unsupported assertions do not establish a …
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njcourts.gov
… On appeal, Thomas argues: 1) the Board's findings are not supported by substantial credible evidence; and 2) the Board … from a final agency decision is deferential. An agency determination should not be reversed "unless it is arbitrary, … and hear the testifying witnesses to render credibility determinations. State v. Locurto, 157 N.J. 463, 471 (1999). …
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njcourts.gov
… Consider N.J.S.A. 2C:43-12e(6), Even Though There Was Ample Support In The Record To Support That Factor. The principal issue before us is … (1974)). 7 A-5456-14T4 The first and often "pivotal" factor supports retroactivity when the purpose of the rule is to …
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njcourts.gov
… Defendant's counsel again elicited a factual basis supporting defendant's guilty plea. Specifically, defendant … unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 … Indeed, the transcript of the plea colloquy does not support defendant's claims that he misunderstood the …
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njcourts.gov
… and defendant failed to meet his burden of proof to support his counterclaim of adverse possession. The court … other non-jury case, are entitled to our deference "when supported by adequate, substantial and credible evidence." … substantial and credible evidence in the record to support the relief ordered by the trial court. In addition …
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njcourts.gov
… months of parole ineligibility. In our review of a determination on a motion to suppress, we must uphold the … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record. … we only reverse a decision when the trial court's determination is "so clearly mistaken 'that the interests of …
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njcourts.gov
… Insurance Co., Inc., 79 N.J. 257 (1979) (DiOrio II), support his argument. Plaintiff argues the judge instead … the father could use the vehicle, the Court found ample support that the company-owned car was furnished to the … 1972), we rejected the motion judge's summary judgment determination that the plaintiff bus driver was not furnished …
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njcourts.gov
… comments by him, his mother, and trial counsel to support his claim that mitigating factors should have been … obtained in prison after his initial sentencing to support his mitigating factors argument is equally without … merit. He has not shown how these accomplishments would support a reasonable probability that his sentence would …