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… capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "[A] presumption of … was arbitrary, capricious, or unreasonable or lacks fair support in the record. We find no basis to overturn its …
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… 4:50-1(a), (d), and (f). In a certification submitted in support of the motion, Cynthia stated that she and Michael … years and large sums of money"2 to acquire and 2 In a supporting certification, Michael averred that they incurred … Our limited review recognizes that [t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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… the State also explained that a case defendant cited in support of his request for a waiver involved a defendant who … Act waiver." Benjamin, 228 N.J. at 370. In making that determination, the Court drew a parallel to the Comprehensive … stated that despite New Jersey's long-standing precedent supporting broad discovery in criminal cases, a defendant is …
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… omitted). We will not disturb the Commission's final determination unless it is arbitrary, capricious, or … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … policy, the record contains substantial evidence that supports the findings on which the Commission based its …
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… advances no convincing argument that the prosecutor's determination should be disturbed. Defendant was charged with … see Nwobu, 139 N.J. at 252. III. We review sentencing determinations for abuse of discretion. State v. Robinson, 217 … by the trial court to be relevant 10 A-4340-16T2 must be supported by 'competent, reasonably credible evidence'" in …
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… of others, as evidenced by his second DWI offense, amply supported the prosecutor's conclusion that defendant could … record refutes the first of these arguments and provides no support for the second. Defendant's arguments are 10 …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … consented to the search of the backpack in the vehicle was supported by sufficient credible evidence in the record and …
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… but was instead a foundational question about defendant's children. The second instance occurred when the prosecutor … MADE BY THE TRIAL COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE HEARING. A. … DECISION TO TESTIFY, SINCE ITS FACTUAL FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE ARISING OUT OF THE …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … at 272. Arrests require "probable cause and generally [are] supported by an arrest warrant or by demonstration of …
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… defense at trial, and Dr. Greenfield offered no opinion supporting defendant's current claim. In sum, the judge … a PCR defendant "must allege specific facts and evidence supporting his allegations"). There is no showing of …
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… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … Donaire had reasonable suspicion to stop defendant is well-supported by the record. Donaire, an experienced officer who …
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… rulings and remanding for a new trial on damages). In support of his jurisdictional argument, plaintiff relies … in the [c]omplaint." However, nothing in our decision supports plaintiff's contention that defendant lacked …
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… Poosikian (Poosikian) appeals from a Final Administrative Determination of the Board of Trustees for the Public … not eligible for enrollment in PERS as of July 1, 2007. In support of its position, the Division referenced its October … sought reconsideration of the Division's administrative determination, which was denied. Poosikian appealed the …
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… The court concluded that that evidence was sufficient to support the charges in the indictment, regardless of the … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… The question of dangerousness is a strictly legal determination that requires the "judge . . . make specific … discharge planning. 9 A-0292-19T2 In a final attempt to support its position, the State argues that more than … The evidence adduced at appellants' hearings did not support the orders placing them on CEPP status. We take this …
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… filter was recalled for its propensity to fail, and to support that assertion, he provided recall notices issued … We briefly point out, however, that a "gut feeling" cannot support a claim for bias— there must be an objective …
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… of all reasonable factual inferences that those allegations support." Edwards v. Prudential Prop. & Cas. Co., 357 N.J. … of action[,]" something more than conclusory allegations to support their complaint. Printing Mart-Morristown, 116 N.J. …
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… for a new trial , finding that it was untimely and not supported by competent evidence. In December 2015, defendant … prosecutors was an error and prejudiced the State. In support of that position, the State contends that RPC 3.7 …
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… a narrow category of cases that should be heard, the record supports the trial court's order denying relief. We review … that legitimizes her claim to the property. The record supports that there is a valid foreclosure judgment and …
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… when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … court found, defendant's allegation, with no evidentiary support, that the outcome of the suppression motion or trial …