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… an attorney for defendant, and counsel filed a brief in support of the petition, arguing that defendant's petition … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… to vacate his guilty plea. A certification submitted in support of the motion asserted he is not fluent in English … deportation consequences of his plea. That argument is unsupported by an affidavit as required by Rule 3:22-10(c), … terms of the plea agreement as "a bald assertion, unsupported by the facts in the record." He included excerpts …
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… whether sufficient credible evidence in the record supports the Law Division's decision. State v. Johnson, 42 … only "a very obvious and exceptional showing of error" will support setting aside the Law 1 Arizona v. Youngblood, 488 … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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… will not reverse unless the findings are so mistaken and unsupported by the evidence that it is necessary to intervene. … 11 A-2523-19 of the trial court if those findings are supported by sufficient credible evidence in the record"). … based on the facts as found by the trial court that were supported by the evidence, to determine whether the trial …
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… Counsel (Rate Counsel) to file briefs on the issue; both supported Clinton's position on the jurisdictional question. … to the OAL for further proceedings. 8 A-2502-21 "The determination of whether an administrative agency has … shall be authorized to proceed in accordance with such determination. [N.J.S.A. 48:19-17 (emphasis added).] Contrary …
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… include: (1) motions to review pretrial detention determinations, see, e.g., United States v. Hohn, 8 F.3d 1301 … the amount of excludable time so long as those findings are supported by "sufficient credible evidence in the record." … time. There were sufficient facts in the record to support the trial court's finding that the three motions …
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… claims in the PCR petition to be little more than unsupported expressions of defendant's dissatisfaction with … to object to particular evidence, the judge found, was not supported by the record. In addition, defendant's … counsel's failure to investigate alleged evidence were not supported by proof that any such evidence existed or, if it …
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… 2021. Eight days after entry of final judgment, defendant, supported by Neuert's certification, moved to vacate the … March 9, 2020. Exec. Order 11 A-3182-20 The trial judge's determination that there was excusable neglect for defendant's failure to redeem due to COVID-19 was not supported by the record. There was nothing in Neuert's …
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… as defendant's "former girlfriend [and] the mother of his children." We identify the victim by her initials to protect … misleading, willfully false and inaccurate testimony, unsupported by evidence as to the "assaulting [of] the alleged … by the PCR judge to identify what evidence in the record supported his claim of gender bias by his former defense …
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… or, alternatively, for a new jury trial limited to a determination of "nominal damages." The judge granted … the matter for a new trial, limited to a 4 A-4497-18 determination by a jury on the amount of nominal damages, if … Chase, about its connectivity capabilities and customer support services. These problems were related to the damage …
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… testified that they all got cold feet when they observed children in the proposed victim's home. Meanwhile, a … conspiracy, see N.J.S.A. 2C:5–2(e), and that the evidence supported a jury instruction on the former, but not the … and that they did so out of concern for the welfare of the children inside the home and not out of increased fear that …
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… while she slept. The couple shared a home, and their four children were asleep in adjoining bedrooms when the murder … who was bleeding, he responded it was the mother of his children and himself and that he had caused both to bleed. … report corroborates representations made to the judge, and supports a judge's conclusion "that the interests of justice …
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… at 8. On remand, defendant raised a number of arguments in support of his petition. With specific reference to the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… of the May 1, 2018 order, which defendant opposed. In its supporting papers, plaintiff explained that it had not been … this most recent sheriff's sale and the final judgment. In support of his motion, defendant filed a certification in … Ass'n, 132 N.J. 330, 334 (1993)). "The trial court's determination . . . warrants substantial deference, and should …
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… evidence." Ibid. As long as the board's actions are "supported by substantial evidence in the record, [we are] bound to affirm that determination." 62- 64 Main St., 221 N.J. at 157. "When … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the …
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… live witness testimony" and will uphold findings that are "supported by sufficient credible evidence in the record." … omitted)). The record from the evidentiary hearing amply supports Judge Toto 's finding that defendant entered his … years. As these factual and credibility findings were amply supported by substantial evidence elicited at the …
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… (App. Div. Nov. 4, 2015) (slip op. at 9).] We also find no support in the record for defendant's remaining claims, … certifications, or other competent proofs necessary to support his claim that he was incompetent to stand trial. … that provides the predicate for a claim of relief" to be supported an "affidavit or certification pursuant to Rule …
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… is arbitrary, capricious, and unreasonable, and is not supported by the evidence. Based on the idiosyncratic facts … good cause for a third extension 5 In addressing agency determinations, courts employ the words "reconsideration" and … Our scope of review of an administrative agency's final determination is limited. Allstars Auto Grp., Inc. v. N.J. …
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… contends his expert was qualified, and his opinions were supported "by generally accepted methods in the biochemical … that the expert's conclusions were primarily credibility determinations that rest within the province of the jury. See … all witnesses, the issue of their credibility will be a determination for the jury. The conclusions reached by Dr. …
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… not be disturbed on appeal unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … 284 (2008)). The judge's findings are binding on appeal if "supported by adequate, substantial, credible evidence." … 303 N.J. Super. 153, 155 (App. Div. 1997). He had been supporting the plaintiff, his former spouse, pursuant to the …