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… 4 Rosengarten cites to one of our unpublished decisions in support of this proposition. Not only are unpublished … capricious or unreasonable, or that it lacked fair support in the evidence." Carter, 191 N.J. at 482. To … by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Norfolk S. Ry. Co. …
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… of his choice. He asserts that the underlying facts that support his conflict of interest claim – that his attorney … AMENDS. VI, XIV. POINT VI THE PCR JUDGE ERRED IN HER DETERMINATION THAT THE PROSECUTOR DID NOT IMPLY THAT ONCE A … constraints. Absent the PCR court's threshold timeliness determination, we decline to reach the merits of defendant's …
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… court's factual findings as long as those findings are supported by sufficient 9 A-5704-14T1 credible evidence in … and on all of the judge's factual findings, which are amply supported by sufficient credible evidence in the record. … found by the trial court, which we accept, overwhelmingly support the conclusion that the reasonable and articulable …
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… materials pursuant to N.J.A.C. 10A:6-2.6 based on its determination that appellant did not qualify as indigent as … and the applicable legal principles, we affirm DOC’s determination that appellant does not qualify as indigent and … it is "arbitrary, capricious, or unreasonable or it is not supported by substantial credible evidence in the record as …
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… Twp., 199 N.J. 1, 9 (2009). We will not disturb the determination of the Commission absent a showing "that it was … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of …
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… of the offense that revealed [defendant's] DNA." In the supporting brief filed on his behalf, PCR counsel reiterated … hearing. The order was accompanied by an eighteen-page, supporting opinion. In his opinion, Judge Escandon concluded … that trial counsel failed to conduct investigations was unsupported by any evidence of what such an investigation …
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… eyewitness noted the light had been out for a while)[,] may support an inference of constructive notice about the … already aware.3 Finally, like the trial court, we see no support in the record for Donahue's contention that Live … 344, 373 (2011) ("[I]f an expert cannot offer objective support for his or her opinions, but testifies only to a …
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… actions. Defendant further argues that the record does not support the application of the doctrine of substantial … to plaintiffs' two-year statute of limitations. We find no support for the motion court's interpretation of the Second … case, plaintiffs cannot satisfy all five requirements to support application of the doctrine of substantial …
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… defendant did not offer proof of the other three factors to support withdrawal of a. (1), proceeds of illegal gambling, … to withdraw his guilty plea lacking in factual and legal support. II In denying defendant's PCR petition, the judge … that defendant failed to demonstrate there was any evidence supporting a third-degree reckless health care insurance …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … taken, so long as the circumstances, viewed objectively, support the police conduct." Id. at 28 (citing State v. … we conclude that the judge's factual findings are amply supported by the record and his legal conclusions are sound. …
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… and permanent disability." She also made credibility determinations regarding the experts' testimony. The ALJ noted … and issued a final decision, affirming the ALJ's determination that Harak's disability was the result of a … it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
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… of the evidence. To sustain it, it means the evidence that supports her claim, the evidence favoring the plaintiff, … plaintiff is entitled to a verdict. As long as the evidence supporting the claim weighs heavy in your minds, it is the … Lab'ys., 97 N.J. 429, 463 (1984). "A trial court's determination is 'not reversed [by an appellate court] unless …
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… not provide an affidavit or certification from an expert to support this proposed defense. Accordingly, the judge … sentences and did not present mitigating factors in support of a lower sentence. However, the sentencing … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… diagnosis and treatment. Plaintiff does not contend this determination was incorrect. Instead, she generally argues the … the statement because it was unreliable. We see no support for this argument. Although several versions of 2 … evidence— the hospital laboratory blood serum report—to support his opinion of her level of intoxication. We …
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… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … and a bench warrant, supported the sentencing judge's determination that a defendant had not led a law-abiding … assertion that his incarceration would be a hardship to his children, the PCR judge noted that "the [L]egislature …
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… In addition, defendant sought an evidentiary hearing to support his ineffective-assistance claims. On October 8, … we will uphold the PCR court's findings that are supported by sufficient credible 9 A-0241-20 evidence in the … Rule 3:22-12(a)(2)(C). We agree that the record does not support Judge Ryan's conclusion that Judge Blaney dismissed …
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… N.J. at 12. Conversely, "[t]he absence of any evidence to support the charges would render the indictment 'palpably … sufficiently "secured" within the meaning of Olivero. To support his argument, defendant contends the sidewalk was … in defendant's merits brief, during his factual basis in support of his guilty plea, defendant clarified that the …
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… also contended that his sentence was excessive. In a supporting brief, defendant further argued: (1) his claims … REMANDED TO THE PCR COURT FOR FURTHER CONSIDERATION AND DETERMINATION OF ALL THE ISSUES RAISED IN THE PCR PETITION. … we conclude they were either belied by the record or unsupported by any evidence of how the outcome of defendant's …
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… to represent defendant, and counsel filed a brief in support of the petition, alleging ineffective assistance of … and therefore, his guilty pleas should be vacated. In support of his argument, defendant claims that he "was … there is sufficient credible evidence in the record to support the PCR court's denial of defendant's PCR petition. …
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… As we noted in our previous decision in this case: "Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that the trial court's decision constitutes a legal determination, we review it de novo. [Longmuir, slip op. at 3 …