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… charged with second- degree endangering the welfare of two children based on allegations of improper sexual contact. … the petition and filed a thirteen-page written opinion supporting that decision. 4 A-1835-16T3 Defendant claimed … a conviction on the second-degree crime lacked any credible support in the record. Turning to the application to …
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… Div. 1999) (holding that a board's findings must only be supported by substantial evidence in the record). It is a … arbitrary, 6 A-0238-16T1 capricious or unreasonable and was supported by substantial evidence in the record. We agree …
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… into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo, 196 … Petermann's expert report is not a net opinion and is well supported by his examination of her. In an apparent attempt … we glean no reason to disturb the motion judge's determination that Petermann's opinion is inadmissible because …
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… MERITS BRIEF BEING SUBMITTED WHERE THE DEFENDANT ASSERTS SUPPORTED OF EXCUSABLE NEGLECT AND FUNDAMENTAL INJUSTICE TO … AND R. 3:22- 12(a)(2) AND ASSERTS LEGAL ARGUMENTS IN SUPPORT OF DEFENDANT'S REMAINING CLAIMS, THUS THE …
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… and maintenance of minimum custody status; and letters of support. In addition, the panel considered information … record." Id. at 179 (citations omitted). In making this determination, we "may not substitute [our] judgment for that … relevant factors in N.J.A.C. 10A:71-3.11. Its decision is supported by sufficient credible evidence in the record and …
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… of trial counsel under the Strickland-Fritz test was supported by sufficient credible evidence. Defendant's … him of the meaning of PSL or its consequences is not supported by the record. The trial court discussed PSL with …
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… address. Defendants' counsel submitted a certification supporting the motion that in pertinent part asserted … mail as required." Similarly, in defendant John Tomasello's supporting affidavit, he complained the original complaint …
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… on the time bar issue in the presence of defendant." In support of his second point, defendant contends that because … of the petition, "the PCR court did not have a record to support its ruling that defendant failed to establish … Ibid. Significantly, "when the trial judge does reach the determination that the arguments presented in the papers do …
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… contained in a police report as substantive evidence to support her claim of defendant's negligence. Without any … regarding the judge's reliance on Dolson, supra, to support her entry of judgment against defendant. We are …
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… counsel for defendant subsequently filed a legal brief in support of defendant's claim for PCR in December 2015. Judge … hearing if a defendant establishes a prima facie showing in support of the relief requested. State v. Preciose, 129 N.J. … assertions are nothing more than "bald assertions" unsupported by the record. The PCR court correctly found …
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… His conviction was affirmed on appeal. The underlying facts supporting his convictions are outlined in our per curiam … counsel. Having reviewed the record and the PCR judge's determinations, we discern no reason to disturb the court's determination to deny defendant's PCR petition and deny an …
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… State v. Nwobu, 139 N.J. 236, 246 (1995)). In making a determination to admit, "a prosecutor must consider an … Negran, supra, 178 N.J. at 82. The record here fully supports the prosecutor's denial of defendant's application … We find no 7 A-0993-16T1 error in that decision, which is supported by the evidence and the applicable law. Affirmed. …
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… We are bound by the court's factual findings if they are "supported by adequate, substantial, credible evidence." … Silver, supra, 387 N.J. Super. at 126-28. Although the determination of the second prong may be "perfunctory and … to A.C., N.J.S.A. 2C:25-29a(2), substantiated the judge's determination that an FRO was necessary to prevent future acts …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … erred in considering his failure to submit an affidavit to support his motion to file a late notice of claim; and the …
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… substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to … substantial credible evidence in the record as a whole to support its findings, and the Board reached conclusions that …
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… to accept the trial judge's factual findings if they are supported by substantial credible evidence. In re Return of … or contravenes the Equal Protection Clause. 5 A-3319-19 determinations. Manalapan Realty, L.P. v. Twp. Comm. of … . . . . In this case, Judge Oxley's findings of fact are supported by credible evidence in the record, and he …
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… vacate the sheriff's sale to the third-party buyer. In his supporting certification, defendant alleged he had reason to … A. 1905) (emphasis removed). The record on appeal does not support any claim there was fraud, accident, surprise, lack …
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… UPON DEFENDANT PAOLILLO'S UNQUALIFIED EXPERT TESTIMONIES TO SUPPORT THE NEED FOR THE PLAINTIFF COMMITMENT WITHOUT HER … earlier. The trial court denied the motion. The record supports entry of that order. There no longer was any …
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… drugs.1 However, Vasile presented no evidence to support that claim. Vasile declined the opportunity to call … it is "arbitrary, capricious or unreasonable," or is unsupported "by 1 On appeal, Vasile now also claims that the … a disciplinary hearing). In sum, we hold DOC's findings are supported by substantial credible evidence in the record as …
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… substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to … there is substantial credible evidence in the record to support its findings, and the Board reached conclusions …