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… As we noted in our previous decision in this case: "Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that the trial court's decision constitutes a legal determination, we review it de novo. [Longmuir, slip op. at 3 …
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… with respect to similarly situated licensed employees supports this conclusion. The Notices of Payroll Changes in … award. The trial judge upheld the 5 A-4663-18T2 determination. The judge found no basis to conclude Cantisano … trickery on the part of Mr. Cantisano." Moreover, no law supports plaintiff's contention Cantisano was obligated to …
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… SEEKS TO PRESENT EVIDENCE OF HIS REHABILITATION IN SUPPORT OF HIS MOTION TO CORRECT AN ILLEGAL SENTENCE. II. A … in homicide cases, we require it to take into account how children are different, and how those differences counsel … States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and …
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… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … in Judge DiFabrizio's written opinion. The record amply supports the judge's conclusion that as a result of … State's favorable plea offers. Nonetheless, the record also supports Judge DiFabrizio's conclusion that defendant did …
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… certifications and completed a number of programs. In support of his motion, defendant also submitted two reports … 2022, and that the medical records defendant submitted in support of his motion did not contain an "opinion from any … ailments, "the results of the objective testing did not support his complaints." Judge Bachmann also observed that …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … taken, so long as the circumstances, viewed objectively, support the police conduct." Id. at 28 (citing State v. … we conclude that the judge's factual findings are amply supported by the record and his legal conclusions are sound. …
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… and permanent disability." She also made credibility determinations regarding the experts' testimony. The ALJ noted … and issued a final decision, affirming the ALJ's determination that Harak's disability was the result of a … it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
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… of the evidence. To sustain it, it means the evidence that supports her claim, the evidence favoring the plaintiff, … plaintiff is entitled to a verdict. As long as the evidence supporting the claim weighs heavy in your minds, it is the … Lab'ys., 97 N.J. 429, 463 (1984). "A trial court's determination is 'not reversed [by an appellate court] unless …
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… not provide an affidavit or certification from an expert to support this proposed defense. Accordingly, the judge … sentences and did not present mitigating factors in support of a lower sentence. However, the sentencing … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… only where the defendant (1) alleges sufficient facts to support a claim of excusable neglect, and (2) demonstrates a … not certified as to his innocence. Furthermore, the record supports her conclusion that defendant offered no probative … evidence except post-hoc statements and bald assertions in support of his claim that his interest in avoiding …
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… 3 A-4311-18T3 Defendant raised seven arguments on remand in support of his petition for PCR. The parties are fully … FROM SIDEBAR CONFERENCES BECAUSE THE RECORD DOES NOT SUPPORT THE DEFENDANT'S TRIAL COUNSEL'S TESTIMONY THAT HE … discern no basis for disturbing Judge Nelson's reasoned determination that defendant failed to satisfy the Strickland …
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… the FRO. On appeal, defendant contends the trial court's determination that she committed the predicate act of criminal mischief was not supported by the evidence adduced at the hearing, and there … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
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… Id. at 367 ("The weight of prevailing professional norms supports the view that counsel must advise [the] client … the Strickland test. First, defendant failed to provide any supporting affidavit or certification attesting to the fact … deportation to be a "bare assertion . . . insufficient to support a prima facie case of ineffectiveness[,]" and we …
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… the scheduling problem, the brevity of the doctor's note supporting counsel's postponement request, and the fact the … that Judge Escandon did not err in his factual or legal determinations. There is sufficient credible evidence in the … 69, 72 (App. Div. 2016). The municipal court judge's determination that he could be fair and impartial to …
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… of assault. He contends the final restraining order was not supported by substantial credible evidence, in part because … married in India several years ago. They have two young children. At the hearing on the final restraining order, … Friday and ended with her fleeing their apartment with the children on Sunday after he repeatedly struck her. Plaintiff …
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… contends the record lacks sufficient credible evidence to support the findings that she was guilty of obstruction, … based on the record before him. However, the record clearly supports the guilty finding on both offenses. The judge … We are satisfied the trial judge's findings were supported by the sufficient credible evidence in the record. …
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… same day that he submitted to a Superior Court Judge in support of a warrant to search Richardson's car. Fox also … information which Fox presented in his sworn affidavit in support of his application for a warrant to search … that are claimed to be untrue. These allegations should be supported by an offer of proof including reliable statements …
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… Twp., 199 N.J. 1, 9 (2009). We will not disturb the determination of the Commission absent a showing "that it was … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of …
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… of the offense that revealed [defendant's] DNA." In the supporting brief filed on his behalf, PCR counsel reiterated … hearing. The order was accompanied by an eighteen-page, supporting opinion. In his opinion, Judge Escandon concluded … that trial counsel failed to conduct investigations was unsupported by any evidence of what such an investigation …
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… by Dr. Post. Using Dr. Nasar's medical report for support, Martone filed her motion for temporary medical … an additional motion and attached Dr. Post's report in support. CMC opposed, contending Martone was already … impact her mobility. The JWC's factual findings and legal determinations are amply supported by the record. R. …