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… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… DEVELOPED. "The scope of appellate review of a commitment determination is extremely narrow and should be modified only … "[A]n appellate court should not modify a trial court's determination either to commit or release an individual unless … We are convinced sufficient credible evidence in the record supports the court's determination that discharge with …
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… an appeal from a bench trial. We "review a 'trial court's determinations, premised on the testimony of witnesses and … 411 (1998)). "[W]e defer to the trial court's credibility determinations, because it '"hears the case, sees and observes … that those findings and conclusions were 'so manifestly unsupported 6 A-0229-22 by or inconsistent with the competent, …
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… the trial court's decision, arguing the blood draw was not supported by the evidence and that his sentence 4 A-0324-22 … we have not expressly addressed any arguments made in support of defendant's appeal, we have determined they are …
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… in a single judgment of conviction." 4 A-0192-23 In his supporting certification, petitioner attested that he had … 20, 2023, petitioner filed a motion for reconsideration. In support of that motion, petitioner represented that after …
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… A trial court's findings are "binding on appeal when supported by adequate, substantial, credible evidence." T.B. … 499, 502 (App. Div. 2017)). "We defer to the credibility determinations made by the trial court because the trial … in turn, factor that history into its reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare …
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… only "whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … N.J. 44, 54 (2004). Where there is sufficient evidence to support a particular verdict, it is preserved, even if …
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… On January 3, 2021, defense counsel filed a brief in support of that motion arguing defendant "felt compelled to … denying defendant's motion to withdraw his guilty plea supported by a written opinion. On January 7, 2022, …
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… SUPPLEMENTAL APPEAL BRIEF AND APPENDIX ATTACHED HEREIN IN SUPPORT OF THIS CURRENT APPEAL WERE NEVER ADJUDICATED ON THE … assistance. PCR counsel filed an amended petition and supporting brief, arguing: (1) trial counsel failed to move …
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… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … set forth in Judge Ironson's opinion, which is amply supported by the record. In short, we discern no basis to …
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… We need not consider the discovery issues in light of our determination regarding the arbitration award. 3 A-0053-21 … an affidavit of services and appropriate documentation to support its request for counsel fees. Defendant was … declined to consider as they are moot in light of our determination regarding the arbitration award. Our review of …
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… preclude AAA from trying its case and . . . asking for a determination at the end of the trial or at the end of … slept on its rights to create an equitable defense to support applying laches. II Before us, Saundra argues the … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank v. Providence …
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… the threshold permitted in 2020 on the day they raced, supporting their motion with a copy of the lab report of the … they stipulated to the credibility of the lab results to support their motion to dismiss the charges. Because the lab …
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… plaintiff could not establish the necessary elements to support the claim, particularly the existence of a special … should have conducted a Lopez3 hearing before making the determination.4 We review the trial court's decision on a … N.J. 545, 555 (2000). We discern no error in the court's determination that the discovery rule was inapplicable here. …
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… the hearing, the court found the evidentiary record did not support a charge on self-defense and barred defendant from … pursuant to State v. Sugar, 84 N.J. 1 (1980). Defendant supported that last claim with a certification from his … video was played at [his second] sentencing in front of children without warning." Judge Flynn denied the petition …
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… appealed the FAD. Our role in reviewing final agency determinations is limited. Allstars Auto. Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., PFRS, 206 N.J. … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue,' we are not bound by …
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… 524, 535 (App. Div. 2004)). In our review of a judicial determination following an evidentiary hearing, we "should accept a trial court's findings of fact that are supported by substantial credible evidence" in the record. … judge unless . . . convinced . . . they are so manifestly unsupported by or inconsistent with the competent, relevant[,] …
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… there is sufficient credible evidence in the record to support the Law Division judge's findings." Powers, 448 N.J. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … judge or the municipal court with respect to legal determinations. State v. Handy, 206 N.J. 39, 45 (2011). In …
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… favor." When "accepting as true all the evidence which supports the position of the party defending against the … Sav. Bank, 219 N.J. 496, 511 (2014). A trial court's determination of whether an FRO should be granted is governed … Plaintiff asserts he presented sufficient evidence to support the predicate acts of stalking and harassment and …
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… the sexual assaults he committed against two female children, are fully recounted in our 2019 decision that … opinions." Judge Smith's conclusion on this point was well supported by the record. Kunz and Polhamus fully explained … of the relevant issues, and their conclusions were firmly supported by the facts in the record. See 2 Indeed, the …