njcourts.gov
… the record contains sufficient [credible] evidence to support the judge's conclusion[,]" of guilt beyond a … unless we are convinced "'they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … that the call 8 A-3247-23 was made by him." In further support of this argument, G.M. posits that the call "could …
njcourts.gov
… affirmed the Board's decision on appeal, concluding it was "supported by sufficient credible evidence" in the record. … N.J.A.C. 10A:71-3.2(c)(7),2 limiting commutation credit determinations after parole denial to the additional FET term … should be taken into account," and "delegate[d]" that determination to the Board's authority. Ibid. Accordingly, the …
njcourts.gov
… later argued that the withheld discovery would have supported a passion provocation defense. Following oral … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary 5 A-1305-23 … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
njcourts.gov
… judge reviewed the correspondence provided by defendant in support of his petition and found they contained "accurate … the correspondence revealed counsel believed they were not supported by the evidence. Thus, the judge found defendant's … hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
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njcourts.gov
… deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … January 2012. There is no recently disclosed information to support this motion." We conclude the judge's decision was correct and the facts amply support an entry of summary judgment and denial of leave to …
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njcourts.gov
… that plaintiff had failed to adduce sufficient evidence to support its cause of action and, further, in denying a … If the court, "accepting as true all the evidence which supports the position of the party defending against the … in any way. Beyond this, however, nothing in the record supports the claim that the USDA/RD was acting as an "agent" …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… In addition, defendant sought an evidentiary hearing to support his ineffective-assistance claims. On October 8, … we will uphold the PCR court's findings that are supported by sufficient credible 9 A-0241-20 evidence in the … Rule 3:22-12(a)(2)(C). We agree that the record does not support Judge Ryan's conclusion that Judge Blaney dismissed …
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njcourts.gov
… actions. Defendant further argues that the record does not support the application of the doctrine of substantial … to plaintiffs' two-year statute of limitations. We find no support for the motion court's interpretation of the Second … case, plaintiffs cannot satisfy all five requirements to support application of the doctrine of substantial …
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njcourts.gov
… defendant did not offer proof of the other three factors to support withdrawal of a. (1), proceeds of illegal gambling, … to withdraw his guilty plea lacking in factual and legal support. II In denying defendant's PCR petition, the judge … that defendant failed to demonstrate there was any evidence supporting a third-degree reckless health care insurance …
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njcourts.gov
… eyewitness noted the light had been out for a while)[,] may support an inference of constructive notice about the … already aware.3 Finally, like the trial court, we see no support in the record for Donahue's contention that Live … 344, 373 (2011) ("[I]f an expert cannot offer objective support for his or her opinions, but testifies only to a …
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njcourts.gov
… 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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njcourts.gov
… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … law and fact, [an appellate court] give[s] deference to the supported factual findings of the trial court, but review[s] … failed to satisfy the first prong of Strickland was supported by substantial credible evidence in the record. We …
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njcourts.gov
… be reviewed to determine whether the finding is adequately supported in the record. If the judge did not personally … and never repeated. Given the overwhelming evidence supporting defendant's conviction, the error, when … conduct. See N.J.S.A. 2C:44-1(b)(4). We review sentencing determinations with deference and will not substitute our …
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njcourts.gov
… they did not argue that the evidence was insufficient to support his conviction for attempted murder. Defendant … his shotgun. Because there was ample evidence in the record supporting the jury's verdict, the court concluded … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… 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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njcourts.gov
… provide" an alternate version of the facts, which could be supported by Mr. Smith." PCR counsel argued defense … hearing would "allow the [c]ourt to make a better determination of whether it was ultimately a trial strategy … based upon what we had there. So based upon that a determination was made that there really wasn’t anything that …
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njcourts.gov
… 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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njcourts.gov
… 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 …