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… findings based on live testimony so long as they are supported by "sufficient credible evidence in the record." … law and fact, [this court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] … which witnesses to call at trial is generally a strategic determination within counsel's discretion. State v. Coruzzi, …
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… they did not argue that the evidence was insufficient to support his conviction for attempted murder. Defendant … his shotgun. Because there was ample evidence in the record supporting the jury's verdict, the court concluded … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… about the risks and benefits of opioids were not supported by, and sometimes were directly contrary to, the … such outer limits." We review "de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … the following comments. Plaintiff's reliance on James to support the viability of his CFA claim based on a fraud on …
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… 209 N.J. 449, 467 (2012) (citing R. 4:50-1).] A court's determination under Rule 4:50-1 "warrants substantial … is in wrongful possession of the instrument. 9 A-0412-20 In support of its motion for entry of final judgment, plaintiff … after final judgment was entered, and offers no evidence supporting a meritorious defense to the foreclosure action. …
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… decision regarding the validity of a local board's determination, 'we are bound by the same standards as . . . … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, . . . or if it usurps power …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … eyewitness noted the light had been out for a while) may support an inference of constructive notice about the … to fall onto the floor. In the absence of record evidence supporting the possible application of the doctrine to the …
njcourts.gov
… ALJ issued an initial decision affirming the Board's determination that petitioner was not eligible for ADR … opportunity with the medical testimony and must make my determinations based on the transcripts and the description of … ADR benefits. II. On appeal, petitioner argues the record supports the conclusion that she established, by a …
njcourts.gov
… required the jury to find different elements; and were all supported by independent evidence in the record. The issue … the record 8 A-4012-23 supported the sentencing court's determination that the "shooting was a separate and distinct … assault did not merge with the robbery. Ibid. That determination thus establishes the issue of merger and …
njcourts.gov
… the record contains sufficient [credible] evidence to support the judge's conclusion[,]" of guilt beyond a … unless we are convinced "'they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … that the call 8 A-3247-23 was made by him." In further support of this argument, G.M. posits that the call "could …
njcourts.gov
… affirmed the Board's decision on appeal, concluding it was "supported by sufficient credible evidence" in the record. … N.J.A.C. 10A:71-3.2(c)(7),2 limiting commutation credit determinations after parole denial to the additional FET term … should be taken into account," and "delegate[d]" that determination to the Board's authority. Ibid. Accordingly, the …
njcourts.gov
… later argued that the withheld discovery would have supported a passion provocation defense. Following oral … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary 5 A-1305-23 … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
njcourts.gov
… judge reviewed the correspondence provided by defendant in support of his petition and found they contained "accurate … the correspondence revealed counsel believed they were not supported by the evidence. Thus, the judge found defendant's … hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
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njcourts.gov
… deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … January 2012. There is no recently disclosed information to support this motion." We conclude the judge's decision was correct and the facts amply support an entry of summary judgment and denial of leave to …
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njcourts.gov
… that plaintiff had failed to adduce sufficient evidence to support its cause of action and, further, in denying a … If the court, "accepting as true all the evidence which supports the position of the party defending against the … in any way. Beyond this, however, nothing in the record supports the claim that the USDA/RD was acting as an "agent" …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …