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… defendant's testimony was not credible and provided "no support to any of the claims" he made concerning his … court's factual findings, "so long as those findings are supported by 9 A-2526-21 sufficient credible evidence in the … no basis for disturbing the trial court's well-reasoned determination that defendant failed to satisfy the Strickland …
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… is appropriate only when the agency's decision is unsupported by substantial credible evidence in the record as … so long as "sufficient credible evidence in the record supports the agency's conclusions"). The burden rests on the … witnesses. He further asserts this impeded his ability to support his arguments relating to his mental health. An …
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… murder was at issue, and there was sufficient evidence to support the conclusion 4 A-0281-22 that the crime was … RECORD AND WERE ALSO IMPERMISSIBLY BASED ON CREDIBILITY DETERMINATIONS. A. Defendant's Claim That His Counsel Were … 11, 2025. Defendant's current counsel can file a brief and supporting appendix on or before January 24, 2025. The State …
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… fees." Plaintiff submitted a certification of services to support its application. On March 22, 2024, the court … by a reasonable hourly rate. . . . [T]he trial court's determination of the lodestar amount 7 A-2200-23 is the most … rate of $330 was reasonable. Then the court turned to a determination of the reasonableness of the number of hours …
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… appellants' numerous factual assertions that find no support in the record. For example, appellants' brief … Council, 82 N.J. 530, 539 (1980). We will not disturb the determination of an administrative agency absent a showing … policies"; (2) "the record contains substantial evidence to support the findings on which the agency based its action"; …
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… cons" of this argument with defendant prior to his plea. In support of these assertions, defendant stated that his … trial courts should grant evidentiary hearings and make a determination on the merits only 8 A-3321-17T1 if the … in the record, which also fully supports the judge's determination that the attorney adequately explained his …
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… his 2014 conviction. Defendant submitted a brief in support of his petition on May 22, 2017, in which he argued … TO ADJUDICATE PETITIONER'S CLAIM ON ITS MERITS. In support of his arguments, defendant asserts that his PCR …
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… motion to vacate the judgment and the bail forfeiture. In support of its motion, Broadway submitted a certification by … 194, 198 (App. Div. 2003)). We review the trial court's determination under an abuse of discretion standard. State v. … revised remission guidelines, and its factual findings are supported by sufficient credible evidence in the record. We …
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… Center (ADTC) for psychological examination and a "determination of whether [his] conduct was characterized by a … repetitive, compulsive behavior and, if it was, a further determination of the offender's amenability to 3 A-2849-18T5 … (App. Div. October 27, 2017). We further found "reasonable support in the record" for "the trial court's determination …
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… to remove snow and ice from an abutting public sidewalk. In support of their argument, defendants relied upon Luchejko … issue as to that purported fact. Defendants imply, without support, that Belmar replaced the public sidewalks in the …
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… offered no proof of malice by defendants towards him to support such claim at trial. Zukowski filed a motion to … we glean no material factual disputes – there is no legal support for the arguments raised by Zukowski.6 There is no …
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… arbitrary or there is a lack of substantial evidence to support them." Yilmaz, Inc. v. Dir., Div. of Taxation, 390 … Thus, we examine "whether the findings of fact are supported by substantial credible evidence with due regard …
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… motion to enforce both of these provisions, together with a supporting certification. With 3 A-5383-16T2 regard to … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on … pleadings raise issues of fact or require credibility determinations, relief cannot be denied absent a plenary …
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… 540 (2013). We uphold the PCR court's findings if they are "supported by sufficient credible evidence in the record." … judgments in presenting a defense. Trial counsel's determination that Rivera lacked credibility is supported by the record. Rivera's familial and close …
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… a motion to vacate the bid, explaining his mistake in a supporting certification. He stated that looking at the … for reconsideration or clarification." His motion was supported by a letter from counsel in which counsel stated …
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… capricious, or unreasonable, or that it lacks fair support in the record." In re Hermann, 192 N.J. 19, 27-28 … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" New Jersey Div. of … N.J.S.A. 39:5-30(a). Its final agency decision is supported by sufficient credible evidence in the record and …
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… opined E.C. is highly likely to reoffend. Dr. Greenfield supported the conditional release of E.C. believing E.C. … reoffend. Judge Mulvihill signed an order reflecting his determination on August 9, 2016 and ordered a review hearing … 226 (App. Div. 2007)). We thus accord a trial court's determination substantial deference; such a decision may "be …
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… Petitioner Jennifer Anderson appeals from a final determination of the Board of Trustees (Board), of the … motor vehicle driven by a parent, who had just dropped her children off at school. Anderson's injuries left her unable … is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., Police & …
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… data warrant (CDW) to search defendant's phone. The supporting affidavit recounts that defendant made a phone … which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" … N.J. 1, 15 (2009)). We review de novo the trial court's determinations of law, State v. Mann, 203 N.J. 328, 337 …
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… On appeal, defendants argue the judge's findings are not supported by adequate, substantial, and credible evidence … that the trial judge's thorough and extensive credibility determinations find abundant support in the record. R. 2:11-3(e)(1)(E). We next address …