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… RECORD AS THERE WAS NO EVIDENCE PRODUCED AT THE HEARING TO SUPPORT THE CHARGE OR GUILTY FINDING. Appellate review of a … is appropriate only when the agency's decision is unsupported by substantial credible evidence in the record as … as there is "sufficient credible evidence in the record to support the agency's conclusions"). The burden rests on the …
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… ICC's statement of 1 Appellant contends that the ICC's determination "was neither based on fact, nor supported by [his] institutional record." Appellant states … is 'arbitrary, capricious or unreasonable or is not supported by substantial credible evidence in the record as …
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… similar violations of conditions of probation and bail supports the conclusion that a violation of a condition in a … 2C:29-9(a); (5) the regulatory nature of the CJRA does not support the use of a contempt prosecution as a remedy for a …
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… lack of personal and subject matter jurisdiction. In a supporting certification, defense counsel stated that Quick … Although we defer to the judge's factual findings when supported by substantial, credible evidence, we review the …
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… we are reversing based on the absence of a factual basis supporting the conviction, it is not necessary to address … E. IN ADDITION, LOOKING AT THE STATUTES IN PARI MATERIAL SUPPORTS THE PERRY COURT'S CONCLUSION THAT THE TERM "PERIOD" …
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… required filing fee. 4 A-5618-15T2 [t]he trial court's determination under the rule warrants substantial deference, … 4:64-2(a). 5 A-5618-15T2 Among the documents submitted in support of plaintiff's motion for final judgment was the … of those documents." The motion judge's decision is supported by the record. Possession of the assignment or the …
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… motion for a new trial, finding the evidence did not support the jury's liability assessment. Plaintiff appealed … motion tracks the relevant legal standard and is well-supported by the record developed before the jury. We …
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… he asserts that the certification submitted by plaintiff in support of its motion for summary judgment was deficient. 4 … in defendant's arguments that plaintiff's certification in support of summary judgment was insufficient. The …
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… testimony was credible, and that the record did not support the defense experts' opinions. Since this was … validity of the breathalyzer test was speculative and not supported by the record. On this appeal, defendant presents … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… his subsequent actions were justified. Judge Moynihan's determination that defendant was unable to meet the first prong of the Strickland-Fritz test is well supported by the evidence presented at trial. The remainder … proffered self-defense theory. Counsel's trial strategy is supported by the facts presented in the record and her trial …
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… for our consideration: POINT ONE THE PAROLE BOARD DETERMINATION SHOULD BE OVERTURNED BECAUSE THE RECORD DOES NOT SUPPORT A FINDING THAT IF RELEASED, [] APPELLANT WOULD … whole record." 5 A-4451-15T1 Id. at 179. In making this determination, we "may not substitute [our] judgment for that …
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… State failed to present a prima 3 A-2031-16T7 facie case in support of its detention application. On remand, if the … defendant proffered alibi statements from two witnesses, to support his claim that he was at a party in the Bronx at the …
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… also failed to provide the court with the videotape to support his contention that he did not appear intoxicated … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … Defendant did not submit any of the discovery that would support his claim that the police failed to comply with the …
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… defendant's assertion of innocence was without any factual support. The judge's review of defendant's recorded police … only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. …
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… and concluded that the defendant's arguments did not support a finding of ineffective assistance of counsel. Concerning the judge's determination to dispense with an evidentiary hearing, the … to the grounds upon which the PCR petition was based that supported defendant's conviction, we affirm substantially …
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… summary judgment against defendant and his wife. Plaintiff supported its motion with a certification of Richard Van … plaintiff's statement of material facts" and no "factual support" of his claim that he did not receive services from … motion judge found defendant's challenge to the evidence unsupported by facts. The motion judge determined the proofs …
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… commending defendant for participating in every therapeutic support program offered during the year he was confined … and a scouring of the record reveals that nothing exists to support this contention." He found the absence of any … rejected the claim as nothing more than a bald assertion unsupported by any certification attesting to the facts …
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… sufficient reasons for its decision. The record amply supports the Board's conclusion that there is "a reasonable … that the thirty-six-month FET imposed by the Board is supported by the record and is neither arbitrary nor …
njcourts.gov
… release 3 A-2081-15T3 was arbitrary, capricious, unsupported and violative of his due process rights. In … if it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … capricious or unreasonable manner. The DOC's decision is supported by substantial credible evidence in the record. …
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… capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. at 27-28. … the Division's decision that the investigation did not support plaintiff's claims of disability discrimination. …