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… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … 2005). Whether a suspect is in custody is an objective determination based on "how a reasonable [person] in the … defendant by the police was non-coercive. The record amply supports those fact-findings and we discern no basis for …
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… objection" that lacked reference to specific case law and supporting certifications. The judge also found that due to … fees 10 A-3932-14T4 from the assignor's estate must be supported by a certification of services containing the … fee applications where the court is called upon to make a determination of the amount based on reasonableness. 12 …
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… scheduling conflict, but we are not convinced the record supports a determination that plaintiff's adjournment request was without … affirm the court's award of summary judgment based on its determination that plaintiff failed to serve an affidavit 9 …
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… 101 (2016). They are upheld "so long as those findings are supported by sufficient credible evidence in the record." … incident, which the judge watched. His conclusion, not supported by Ganci's testimony, appeared to be that until … the record, we disagree with the court's legal determination. The circumstances did give rise to a reasonable …
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… . . . must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon . . . … manifest denial of justice in light of the strong evidence supporting the State's allegations. Even if defendant did …
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… N.J. Super. 396, 402 (App. Div. 2004)). The motion must be supported by an affidavit explaining the importance of the … DNA of someone other than [his DNA], it would strongly support [his] position that he was not the perpetrator." As …
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… "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, even though … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… order as a matter of law." R. 4:46-2(c). When making this determination, the court must examine "whether the competent … 608 (1998)). . We afford no special deference to legal determinations of the trial court. Templo Fuente, 224 N.J. at … Defendants fail to provide any factual basis or analysis in support of their claim that Fleet violated the unidentified …
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… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …
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… The issues involving Applied are not relevant to our determination in this case, especially in light of Applied's … argues on appeal that "[c]ontrary to the trial court's determination, Your Way's bid was . . . fatally defective by … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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… and assessments for DWI include a $100 surcharge to support the Drunk Driving Enforcement Fund, N.J.S.A. … to pleading guilty to DWI in 1981, 1982, 1988, and 1995. To support his argument, defendant submitted certifications …
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… would not be reasonable under the circumstances. The record supports that determination. As Judge Francis pointed out in his opinion, … Again, we disagree. As we have explained, the judge's determination was supported by the record, and it is not …
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… defendant did not submit a certification or affidavit in support of its motion. In the motion, defendant relied upon … claim had been timely filed, the facts as alleged do not support a claim of fraud. The record indicates that at the …
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… cases is limited. R.1:36-3. April 4, 2017 2 A-3497-14T2 determination upholding a Department of Corrections' … On appeal, Young argues the Commission's findings are not supported by credible evidence; the ALJ's factual findings … Commission are arbitrary, capricious, unreasonable, and unsupported; the ALJ allowed inadmissible hearsay; the ALJ …
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… following facts are derived from the evidence submitted in support of and in opposition to the summary judgment motion, … a reasonable time. Plaintiff has provided no facts to support that theory beyond mere speculation. Taking …
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… hearing for all arbitrations. State Farm initially supported Hereford's motion, but later withdrew its support and took no position. Similarly, on this appeal, …
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… because the plain language of the Smoke- Free Act does not support such a reading. West Caldwell's Smoking Ordinance … the plain language of the superseding provision does not support such an interpretation. The word "adopted", as used …
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… his weighing of the sentencing factors was reasonable and supported by credible evidence in the record. See Pierce, … the elements of the relevant offense in making that determination. State v. Fuentes, 217 N.J. 57, 74-75 (2014). … There was no abuse of discretion in the judge's determination that based upon the nature of the offense 12 …
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… of sexual assault, endangering the welfare of numerous children, and related offenses. On March 27, 2014, the trial … and a challenge to the sufficiency of the evidence that supported defendant's conviction under the indictment's … IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 N.J. 391, …
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… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … this strong presumption, and its conclusion is adequately supported. The heart of defendant's theory is that his two …