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… 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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… 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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… valid engineering principles, what project it was going to support and to do, and that there was no evidence of any … to find that [there] is an issue that is best left to the determination of the condemnation commissioners. A-2071-17T4 9 … the proper party for this matter." Being that the statute supports the judge's finding, we find no abuse of …
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… and they had no duty to maintain the sidewalk.2 In support of their cross-motion, defendants attached a … commercial property." He argues "[t]here is no authority to support the proposition that liability is imposed on …
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… the court asked the assistant prosecutor if he had any support for his contention that the officer's description 6 … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … . . . alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… 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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… 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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… 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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… Commission in September 2017. Numerous administrative determinations about the Southern Reliability Link were … opposed the motion, arguing: the information provided to support the legal advice rendered to Gibbs and Tiver was … favor would necessarily require an inappropriate determination on the credibility of Gibbs's and Tiver's …
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… 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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… responsibility for his crime, and charitable activities support his admission to PTI. According to defendant, these … (quoting Nwobu, 139 N.J. at 252). Here, the record fully supports the MCPO's denial of defendant's application based …
njcourts.gov
… judge as to what counsel's motives might have been can be supported in the absence of an 4 A-1504-23 evidentiary … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … "record does not disclose when or how the judge made the determination to instruct as to the first-degree offense." …
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… forth with specificity a prima 10 A-1041-23 facie case in support of PCR regarding his motion to suppress claim. He … we are unable to determine whether there is sufficient support to determine if trial counsel was ineffective in not …
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… an "unmarked crosswalk" was neither factually nor legally supported by the evidence, the trial judge analyzed the … be considered an "unmarked crosswalk." Noting this legal determination stemmed from a "very fact-specific inquiry," the … principles, we discern no error with the judge's legal determination that the intersection in which the accident …
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… the Presenter and Respondent offered legal memoranda in support of their respective positions, which were considered … reviewing all of the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the …
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… findings of" that trial judge, when such findings "are 'supported by sufficient[,] credible evidence in the … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant[,] … the judge erred in his review of the evidence, factual determination, and legal conclusion. Griepenburg, 220 N.J. at …
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… tests—as depicted in the body-worn camara recordings—supported defendant's DWI conviction. As for the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … evaluation of the recording particularly where its determination is also based on its opportunity to hear and …
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… defendant's family history, including a listing of his children and their ages. As to mitigating factors two, four, … 'legality.'" Id. at 47. Consequently, the law does not support defendant's argument. His convictions include four … State v. Torres, decided by our Supreme Court in 2020, to support his contention that the absence of reasons for …
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… the court explained: "Even if there was evidence to support a contention the gun was observed only after police … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … v. Gamble, 218 N.J. 412, 425 (2014)). By contrast, the determination of whether those facts established an emergency …
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… requirement in the first portion of the statute could support an argument that knowledge applies under N.J.S.A. … requirement in the first portion of the statute could support an argument that knowledge applies under N.J.S.A. …