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njcourts.gov
… If there are materially disputed facts that could support the legal requirements for liability, the motion for … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). With this in mind, we conclude the trial …
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njcourts.gov
… still applies to "the assignment judge's sentencing determination under section 6.2 for a first-degree or … judge, has the statutory authority to make such a determination." (citing N.J.S.A. 2C:43-6.2)). He argues the … State contends otherwise. A fair reading of the transcript supports defendant's argument. After asking the prosecutor …
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njcourts.gov
… defendant also filed, through PCR counsel, a brief in support of his petition. In the brief, he argued that his … hearing when he "has presented a prima facie [claim] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
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njcourts.gov
… his Miranda[1] rights were violated, and he has three small children for whom he cares. Defendant provided no facts to support a colorable claim of innocence, demonstrated no flaw … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… A.G.'s expert's opinion to the contrary, finding it not supported by the evidence in the record. 8 A-5932-17T5 Judge … person." "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … deference. Ibid. We will "not modify a trial court's determination either to commit or release an individual unless …
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njcourts.gov
… State then informed the court that no evidence existed to support the court's assumption that the police truck parked … to the fact findings of the trial court, provided they are supported by substantial credible evidence in the record, …
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njcourts.gov
… should not deprive plaintiffs of their legal rights. In his supporting certification, counsel noted the University's … we are of the view that the jurisdictional issues raised in support and opposition to dismissal "should be addressed in …
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njcourts.gov
… possession was executed on April 4, 2018. The certification supporting the request for the writ detailed the chain of … to dismiss the complaint. John included a certification in support of the motion, claiming he "was not summoned to … Guillaume, 209 N.J. 449, 467 (2012). "The trial court's determination under [Rule 4:50-1] warrants substantial …
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njcourts.gov
… Scope of Review The scope of our review of a final agency determination by PERC is limited. City of Jersey City v. … intent, we apply a deferential standard of review to determinations made by PERC." Ibid. (citing In re Hunterdon … arbitrary, capricious, or unreasonable, the findings lacked support in the evidence, or there was a violation of PERC's …
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njcourts.gov
… Prison (NSP), appeals from the October 17, 2018 final determination of the Department of Corrections (DOC) … to Clarke, although the recording from the cage area supported his version of events, he sought production of the … supports the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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njcourts.gov
… are ordinarily not disturbed unless 'they are so wholly unsupportable as to result in a denial of justice,' and are upheld wherever they are 'supported by adequate, substantial and credible evidence.'" … we conclude that the trial judge's factual findings are supported by sufficient credible evidence, and based on the …
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njcourts.gov
… with our prior appellate decision in order to protect the children's privacy notwithstanding they are now adults. NOT … 4, 2017, after we determined the judge's findings were well supported by the record. With respect to the legal fees and … relief from the judgment of divorce because the financial determinations made therein were made without knowledge of our …
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njcourts.gov
… that the trial court's ruling on the speedy trial motion is supported by sufficient, credible evidence in the trial … factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
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njcourts.gov
… DIVISION DOCKET NOS. A-1361-17T1 A-4119-17T1 JASON FAIRCHILD, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE … 47 (App. Div. 2019), which was issued after the agency's determination, we conclude there is no merit to petitioners' … the bill, which became N.J.S.A. 43:16A-5(3), to support their reading of the statute. The statement …
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njcourts.gov
… we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … We will uphold the trial judge's decision so long as it is "supported by sufficient credible evidence" and not "so … Given our deference to the trial judge's credibility determinations, we cannot disagree. As a result, the seizure …
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njcourts.gov
… penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with conditions. Haley … guaranteed by the federal and state constitutions." To support her argument, Haley argues her driver's license "is …
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njcourts.gov
… II. We are satisfied that sufficient credible evidence supports the judge's decision. Compensability requires a … and the possibility that it has metastasized, fully support the judge's conclusion. It too was also based on …
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njcourts.gov
… for refusing to submit to a breathalyzer test. In support of his appeal, defendant presents the following … Judge Deitch correctly determined that Nunnally does not support vacating defendant's conviction. Judge Deitch …
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njcourts.gov
… the crosswalk when the pedestrian entered the crosswalk. In support of her argument, defendant relies upon the MVC's … 39:4-36(a). The judge merely referenced evidence, which supported the conclusion that defendant had sufficient time …
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njcourts.gov
… publish research papers in the [the Journal.] He provided a supporting certification for "Default Judgment." In his … has cited no language in either of these decisions that supports his assertion another court found the Association's …