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njcourts.gov
… opinion. The court found that the verdict was "firmly supported by the evidence adduced at trial." In addition, … 2, 6 (1969)). "On a motion for a new trial, all evidence supporting the verdict must be accepted as true, and all … warranted. As the judge found, the jury's verdict was amply supported by the evidence, and the verdict was not in any …
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njcourts.gov
… POINT II THE TRIAL COURT ERRED IN ITS CREDIBILITY DETERMINATIONS AND ITS FACTUAL FINDINGS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT III THE TRIAL COURT … of the evidence is testimonial and implicates credibility determinations. Id. at 412. We do not disturb the judge's 11 …
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njcourts.gov
… violation of his right to a speedy trial. We disagree. A determination by a trial judge whether defendant was deprived … defendant failed to satisfy the other Barker factors in support of his speedy trial motion. There is no bright light … that the Barker factors weighed in favor of the State and supported denial of defendant's speedy trial motion. …
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njcourts.gov
… assertion" because defendant did not provide evidence in support of this claim. In addition, the PCR court found … of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… assertions of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. … statement "based upon personal knowledge of the declarant," supporting "[a]ny factual assertion that provides the … the State's proofs. Moreover, defendant failed to support his PCR claim with any affidavits or certifications, …
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njcourts.gov
… file a timely petition was "due to excusable neglect." In support, defendant averred, "he was unaware of his right to … could not show that any "error played a role in the determination of guilt." The judge explained: New Jersey … outcome or when inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of …
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njcourts.gov
… his services via the internet to solicit business. To support that claim, plaintiff attached copies of an NYU … factual findings concerning jurisdiction if they are supported by substantial credible evidence. Ibid. Moreover, … had engaged in such advertisement. That contention is not supported by any specific facts such as the nature of the …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … the following limits on liability provisions: 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a … "a reasonable examination of the title" so as to make "a determination of insurability of title in accordance with …
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njcourts.gov
… that the findings and conclusions of the Law Division are supported by sufficient credible evidence, our "task is … cause existed for defendant's arrest for DUI was well supported by the record. Defendant's demeanor, slurred … also ample evidence in the record to support the judge's determination beyond a reasonable doubt that defendant …
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njcourts.gov
… generated the Court’s decisions in Crawn and Schick do not support the application of a recklessness standard here. The … will exercise reasonable care when in charge of their children. (pp. 6-9) AFFIRMED and REMANDED to the trial court … conduct. Plaintiff appealed, challenging only the judge’s determination that a recklessness standard applied to …
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njcourts.gov
… POINT I [THE] DISMISSAL SHOULD BE VACATED DUE TO THE UNSUPPORTED RES JUDICATA BASIS FOR DISMISSAL AND THE IMPROPER … REMAND. POINT VII PLAINTIFF['S] EXTENSIVE ARGUMENT SUPPORTING STANDING AND [THE] JUDGE . . . CITING NO LEGAL … 100, 106 (App. Div. 2005)), including the trial court's determination to dismiss based on lack of standing, 12 …
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njcourts.gov
… of healing." Dr. Okin then attempted to provide further support for his opinion, when he added, "Also, the mechanism … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … that Dr. Okin's net opinion testimony impacted the jury's determination of the critical issue in the case, a new trial …
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njcourts.gov
… judge rejected plaintiff's arguments, finding they were unsupported by the voluminous record. In doing so, the judge … Inc., 372 N.J. Super. 503, 505 n.1, (App. Div. 2004). A determination concerning "evident partiality can be decided … 86 N.J. at 191. The record supports the motion judge's determination that plaintiff failed to sustain her burden of …
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njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … not in error. Defendant also challenges the trial court's determination that the officers' discovery and seizure of the …
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njcourts.gov
… by the governing statutes regarding 2 Koncsol listed his children as the contingent beneficiaries for his pension … response to Koncsol's designation of beneficiary form in support of her claim that she was entitled to the survivor … we discern no basis for disturbing the Board's determination that appellant was not entitled to a survivor …
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njcourts.gov
… medical and hospital documentation defendant provided in support of his application for a new trial stated that he … and demeanor, but otherwise make our own independent determination of whether a miscarriage of justice occurred. … To the contrary, our review of the medical records supports the judge's conclusion that defendant's health did …
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njcourts.gov
… PCR petition, he was assigned counsel who filed a brief in support of defendant's petition. After reviewing the papers, … bandana wrapped around his face shooting at the woman and children. Although he saw the person, he did not recognize … 466 U.S. at 687, 694. In our review of a PCR court's determination, we defer to the court's factual findings, …
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njcourts.gov
… seeking reconsideration of the April 28, 2017 order. In support of that motion, the State filed three certifications … trial court also issued a written statement of reasons in support of its September 14, 2017 order. II. Claimants … Appellate courts grant "substantial deference" to a determination to vacate a judgment under Rule 4:50-1 and will …
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njcourts.gov
… waived when the party failed to include any arguments supporting the contention in its brief). The trial court … WAS UNCONSCIONABLE OR WAS ENTERED WITHOUT CONSENT WAS NOT SUPPORTED BY ADEQUATE FINDINGS OF FACT AS REQUIRED BY R. … v. Marinaro, 95 N.J. 380, 392 (1984)). "The trial court's determination under the rule warrants substantial deference, …
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njcourts.gov
… 82 N.J. 1, 18 (1980). Reviewing courts "will not upset a determination by the Commission in the absence of a showing … capricious or unreasonable, or that it lacked fair support in 8 A-0892-17T2 the evidence, or that it violated … as there was substantial credible evidence in the record to support the ALJ's and Commission's conclusion that he failed …