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… The family court's findings are binding so long as its determinations "are supported by adequate, substantial, credible evidence." Id. … Super. at 28. In that case, we vacated the trial judge's determination that the plaintiff had an interest in the …
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… we will "not 'engage in a strained construction to support the imposition of liability' or write a better … The Supreme Court concluded in Ferrante that a prejudice determination is not needed where the insurer "never had the … held that Vassas did not expressly prohibit a prejudice determination; the issue was not addressed. Ferrante, 232 N.J. …
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… was denied. Defendant filed a timely PCR petition. In his supporting certification, defendant asserted "[he] would … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not 15 A-0233-18T4 …
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… WHO CONTENDED THAT HER VOTE OF GUILT DID NOT REFLECT HER DETERMINATION. POINT III DEFENDANT'S SENTENCE IS MANIFESTLY … in evidence. This contention lacks merit. 7 A-3820-17T2 In support of his motion, defendant relied upon N.J.S.A. … jurors. We discern no basis for disturbing this reasoned determination. Our courts have long recognized a privilege …
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… affidavits or certifications based on personal knowledge in support of its contentions. Notably, RA Pain did not argue … that there was no mutual shareholder assent was not supported by any affidavits or certifications of individuals …
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… to the sound discretion of the trial court, and its determination will not be reversed on appeal 7 A-5529-17T3 … made from a documentary record if those findings are supported by "sufficient credible evidence." Id. at 381 … beforehand. The State has not cross-appealed those determinations, and we have no reason to overturn them. As we …
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… address any of the other claims made in the certifications supporting the PCR petition. We have not been provided with … to a PCR court's factual findings . . . that are supported by sufficient credible evidence in the record." …
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… of non-custodial probation. There was no direct appeal. To support her petition, Lian argued that her plea attorney … who was her paramour and the future father of her children. The indictment charged Lian and the man with … matter back to the trial court for further assessment and determination of the conflict of interest issue and an …
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… below was 'arbitrary, capricious or unreasonable' or '[un]supported by substantial credible evidence in the record as … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … 579). Judge Minkowitz recognized that these credibility determinations were not controlling. He considered the …
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… and 4) a Peter Max painting of Michael Jordan.2 In a supporting ten- page certification, Inselberg provided … charged with his adversary's enforcement 4 Of course, the determination of any such damages would likely involve … N.J. Super. 560, 590 (App. Div. 2003). We disturb such determinations "only on the rarest occasions, and then only …
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… trial court's review of James's certification submitted in support of his answer to David's OSC led to its conclusion … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … struck the caveat and admitted the will to probate. Our determination obviates the necessity to address James's …
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… and factual errors," the Board's factual findings were "not supported by substantial evidence[,]" and an evidentiary … by well-known standards. "Judicial review of agency determinations is limited." Allstars Auto Grp. v. N.J. Motor … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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… Jersey, and (2) the doctrine of forum non conveniens. In support of its motion, Coco submitted a certification from … to New Jersey created the minimum contacts needed to support jurisdiction. Id. at 320, 330. Conversely, the …
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… incorrectly at the time the earlier order was entered. In support of her application, Calero submitted wage statements … factual findings "unless they are 'manifestly unsupported by or inconsistent with competent[,] relevant and … wage reconstruction for calculation of wages for determination of benefits for partial permanent disability." …
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… to protect the identity of the victim. 3 A-3494-17T4 children. Defendant and Ortiz went back to Home Depot a … reckless acts when there are no reckless acts or facts to support an act of recklessness . . . ." In her reasoning, … manslaughter. We discern no error in the court's determination not to charge the jury with the lesser- included …
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… consequently, the court's finding amounted to a determination of a disputed fact that usurped the function of … expressed a net opinion is based on the court's factual determinations that are contradicted by the record and the … rise to the slip and fall, or eyewitness testimony, may support an inference of constructive notice about the …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … in original) (quoting Terry, 392 U.S. at 27). The record supported the trial judge's finding a reasonable suspicion …
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… to admit Loveland's hearsay statements. There is ample support in the record for the trial court's conclusion 4 At … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
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… of marijuana, which resulted in a conditional discharge, supported aggravating factor number three. The judge found … the judge failed to make the necessary findings of fact supporting his determination or otherwise sufficiently expressing his …
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… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …