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njcourts.gov
… vacated as the matter is no longer moot. 3 A-3631-15T3 In a supporting certification from defense counsel, he averred he … parties also attached email chains and correspondence to support their respective positions. On the return date of … standard of review will ordinarily guide a trial court's determination. Here, for example, defendants sought to dismiss …
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njcourts.gov
… its discretion by failing to make any findings of fact supporting its determination or otherwise sufficiently expressing its … but must produce sufficient evidence to reasonably support a verdict in its favor. R. 4:46-5(a); G.D. v. Kenny, …
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njcourts.gov
… and two counts of fourth-degree cruelty and neglect of children, N.J.S.A. 9:6-3. During the plea colloquy, … COUNSEL. The brief clarifies defendant challenges those determinations made by the PCR court that are addressed above. … POINT I – PETITIONER PRESENTED A PRIMA FACIE CLAIM TO SUPPORT HIS REQUEST FOR POST-CONVICTION RELIEF AND THEREFORE …
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njcourts.gov
… capricious or unreasonable, or that it lacks fair support in the record." Hemsey v. Bd. of Trs., Police & … findings of fact "are considered binding on appeal when supported by 7 A-4042-18T1 adequate, substantial and … no basis to disturb the Board's findings, which are supported by sufficient credible evidence in the record. To …
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njcourts.gov
… Defendant then filed additional certifications in support of PCR. Defendant claims he wanted to pursue a trial … decision. We add the following comments. Although legal determinations are reviewed de novo, "[a] reviewing court is … (2009). The plea transcript and PCR hearing testimony fully support the judge's findings and the legal consequences that …
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njcourts.gov
… would have been different," as there was evidence that "support[ed] the contention that defendant became aware of … texting. The introduction of the text messages would only "support the State's case that a robbery was planned between … the judge observed that there was no basis in the record to support a finding that had a Wade hearing been conducted, …
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njcourts.gov
… or attending physicians along with medical documentation supporting [her] disability and the other in the form of … the Division's deadlines in 2015. She apparently submitted supporting documentation, which is not included in the … here an exception to the time limitations for submitting supporting documentation of a disability pension …
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njcourts.gov
… duties when she was injured, concluding it was without support in the record. Specifically, the Board found Branham … Review, 194 N.J. 534, 551 (2008). We will not upset the determination of an administrative agency absent a showing … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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njcourts.gov
… claim, and there is no credible competent evidence to support an unspecific claim that [Branch] has violated the … also argue that the trial court's factual findings are not supported by adequate evidence, and contend that Branch … 520, 529-30 (1995)). Self-serving assertions that "[are] unsupported by evidence are insufficient to create a genuine …
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njcourts.gov
… I – IN A CASE WHERE DEFENDANT CLAIMED THAT THE GUN WHICH SUPPORTED HIS STOP WAS NOT IN PLAIN VIEW, THE COURT'S RULING … the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" … we discern no basis for disturbing the motion judge's determination that the officers observed defendant's gun in …
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njcourts.gov
… June 30, 2016. The Board modified the Appeal Tribunal's determination, holding Cassidy liable to refund unemployment … Disability Insurance Services issued a February 12, 2015 determination disqualifying Cassidy from receiving benefits … We must accept the Board of Review's findings if they are supported by sufficient credible evidence. Brady, 152 N.J. …
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njcourts.gov
… there is sufficient credible evidence in the record to support the judge's determination." State ex rel. R.V., 280 N.J. Super. 118, 121 … findings of the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… equitable distribution of marital assets[,] . . . spousal support and any and all other possible claims against … Plaintiff appeals, alleging the judge's findings were not supported by the plain language of the PSA. Plaintiff also … not specifically or otherwise mentioned herein, spousal support[,] and any and all other possible claims against …
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njcourts.gov
… he had commutation time restored; and (7) his letters of support and accomplished academic degrees. Thereafter, … and found the panel's decision was "based upon a determination that a preponderance of the evidence indicate[d] … meet the standard. Trantino II, 166 N.J. at 197. In its determination of parole eligibility, the Board must consider …
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njcourts.gov
… decision was arbitrary, capricious, or unreasonable and unsupported by substantial credible evidence in the record. … Super. 186, 190 (App. Div. 2010). We will not upset the determination of an administrative agency absent a showing … Div. 1999). Therefore, we may not vacate an agency's determination because of doubts as to its wisdom or because …
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njcourts.gov
… the permanency of a plaintiff's injury must make such a determination through the use of objective medical evidence. … A net opinion is "an expert's bare opinion that has no support in factual evidence or similar data . . . ." Ibid. An expert witness's opinions that are not reasonably supported by the factual record and an explanatory analysis …
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njcourts.gov
… favorable responses. The judge found that defendant did not support his bald assertion with a certification from the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … Although defendant attempted to contest the trial judge's determination to permit the statement to be read to the jury …
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njcourts.gov
… and there is sufficient credible evidence in the record to support its findings, we affirm. On March 10, 2010, … capricious, or unreasonable, or . . . lacks fair support in the record." Russo, 206 N.J. at 27 (quoting In re … 575, 588 (1988). Thus, we will not disturb the Board's determination that Smolenski is not entitled to accidental …
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njcourts.gov
… School District (River Dell). We held: The Board's determination was primarily informed by its finding that … the Commissioner of Education reapportion the costs for supporting River Dell. On January 24, 2012, Acting … [A]n appellate court will not upset an agency's ultimate determination unless the agency's decision is shown to have …
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njcourts.gov
… "only upon the establishment of a prima facie case in support of post- conviction relief." R. 3:22-10(b). "A prima … she would have exonerated him was a "bald assertion" unsupported by any "affidavit or certification, or . . . … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …