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njcourts.gov
… Here, we are satisfied the totality of the circumstances supports Judge DeCastro's findings that defendant committed … we find no basis to disturb the judge's credibility determinations and are persuaded her factual findings are supported by substantial credible evidence. See Cesare, 154 …
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njcourts.gov
… submitted a brief to the trial court alleging, without any supporting certification, that defendant had told his trial … was not being truthful." The brief added, again without any supporting evidence, that trial counsel "never provided … he was prejudiced by inadequate lawyering are vague and unsupported. The judge's decision, although not extensive, was …
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njcourts.gov
… hearing when he "has presented a prima facie claim in support of post-conviction relief," State v. Preciose, 129 … he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
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njcourts.gov
… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … by the statute of limitations, finding "[t]hat argument is supported by the allegations provided here and the law …
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njcourts.gov
… power by failing to evaluate 6 A-5456-16T4 all claims and supporting evidence of neglect of duty and conduct … for his conduct. Accordingly, because the award was not supported by substantial credible evidence and the … our own review of the record, we agree with her determination. 7 A-5456-16T4 Affirmed, the matter is remanded …
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njcourts.gov
… seek to establish through discovery the fact necessary to support this defense, namely that S&S did not have on file … this point as a 6 A-3047-15T1 theoretical defense is not supported by any evidence in the record and could not defeat …
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njcourts.gov
… charging the jury on obstruction, the evidence must have supported the jury's finding beyond a reasonable doubt that … 2C:2-3 (2016-17). Here, there was no evidence to rationally support the conclusion that defendant's "conscious object" …
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njcourts.gov
… officer; purchasing or possessing pornography; possessing children's toys, games, magazines, or clothing without prior … the record and concurred with the hearing officer's determination. The panel revoked Washington's parole and … substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to …
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njcourts.gov
… The Board's decision affirmed the October 29, 2018 determination of the Appeal Tribunal, which disqualified … [we] would come to the same conclusion if the original determination was [ours] to make, but rather whether the … 79 (App. Div. 1985)). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are obliged …
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njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or not supported by substantial credible evidence in the record as … by the "agency's 'interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting … used in the inventory process, but his allegation was not supported by the witness he listed. Duncan claims that …
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njcourts.gov
… at about 6:15 a.m. on October 18, 2017, to ready the children for school. An altercation took place between the … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … has occurred." Id. at 125. The court should make this determination "in light of the previous history of violence …
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njcourts.gov
… the context of [IAC]"). Nevertheless, there is no evidence supporting defendant's assertion that trial counsel was … PCR petition must contain "specific facts and evidence supporting his allegations"). Moreover, the trial record …
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njcourts.gov
… to thirteen years. We therefore affirm the judge's well-supported determination that defendant failed to establish that, but for … A defendant must establish a prima facie case in support of a PCR application, R. 3:22-10(b); State v. …
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njcourts.gov
… a dry-cleaning business. Finding no error in the judge's determination at the conclusion of a nonjury trial that … by the judge in favor of plaintiff's position were fully supported by the credible evidence. Our standard of review … evidence fully supported the experienced judge's factual determinations. We also reject Meghnagi's argument that the …
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njcourts.gov
… THE VICTIM POSSESSED A GUN AT THE SCENE OF THE SHOOTING IN SUPPORT OF A DEFENSE OF SELF-DEFENSE OR FOR A JURY CHARGE OF … THE DEFENDANT PRIOR TO 1 We observe that defendant did not support his argument with an expert's report that identified …
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njcourts.gov
… and *.306. Rodriguez's investigation concluded the evidence supported the charges and referred the matter to a hearing … function is obligated to set forth basic findings of facts supporting the ultimate conclusion so the reviewing tribunal …
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njcourts.gov
… Clarke regarding the consequences of the plea deal is supported only by self-serving assertions and bare … counsel. More importantly, we find nothing in the record to support defendant's assertion that he was "misled" with … Preciose, supra, 129 N.J. at 463. Notwithstanding our determination as to the failure to establish counsel's …
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njcourts.gov
… (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … Medical 7 A-4725-14T2 Review Panel and reached a final determination about appellant's psychological fitness that is well-supported by the evidence. We discern no legal basis to …
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njcourts.gov
… exams, testing, diagnosis or treatment relied upon to support any claimed injury; a statement that the expert … or other authorities relied upon by the expert to support such opinion; and the medical records relied upon in …
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njcourts.gov
… under N.J.S.A. 19:52-6 and -6.1. Plaintiff's filing was supported with certifications by three voters from Ward 3 … for restraints. Our review of the record does not support plaintiff's contention that his due process rights …