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njcourts.gov
… judge as to what counsel's motives might have been can be supported in the absence of an 4 A-1504-23 evidentiary … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … "record does not disclose when or how the judge made the determination to instruct as to the first-degree offense." …
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njcourts.gov
… appealed the FAD. Our role in reviewing final agency determinations is limited. Allstars Auto. Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., PFRS, 206 N.J. … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue,' we are not bound by …
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njcourts.gov
… 524, 535 (App. Div. 2004)). In our review of a judicial determination following an evidentiary hearing, we "should accept a trial court's findings of fact that are supported by substantial credible evidence" in the record. … judge unless . . . convinced . . . they are so manifestly unsupported by or inconsistent with the competent, relevant[,] …
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njcourts.gov
… A trial court's findings are "binding on appeal when supported by adequate, substantial, credible evidence." T.B. … 499, 502 (App. Div. 2017)). "We defer to the credibility determinations made by the trial court because the trial … in turn, factor that history into its reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare …
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njcourts.gov
… only "whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … N.J. 44, 54 (2004). Where there is sufficient evidence to support a particular verdict, it is preserved, even if …
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njcourts.gov
… the threshold permitted in 2020 on the day they raced, supporting their motion with a copy of the lab report of the … they stipulated to the credibility of the lab results to support their motion to dismiss the charges. Because the lab …
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njcourts.gov
… plaintiff could not establish the necessary elements to support the claim, particularly the existence of a special … should have conducted a Lopez3 hearing before making the determination.4 We review the trial court's decision on a … N.J. 545, 555 (2000). We discern no error in the court's determination that the discovery rule was inapplicable here. …
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njcourts.gov
… On January 3, 2021, defense counsel filed a brief in support of that motion arguing defendant "felt compelled to … denying defendant's motion to withdraw his guilty plea supported by a written opinion. On January 7, 2022, …
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njcourts.gov
… SUPPLEMENTAL APPEAL BRIEF AND APPENDIX ATTACHED HEREIN IN SUPPORT OF THIS CURRENT APPEAL WERE NEVER ADJUDICATED ON THE … assistance. PCR counsel filed an amended petition and supporting brief, arguing: (1) trial counsel failed to move …
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njcourts.gov
… wherein she insisted that Press “stay[] away and only support[] what you and I ask for” and that Press “not get … the Brill standard to this motion, there is evidence to support or suggest a basis for Cheshun’s claim that Sikand …
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njcourts.gov
… DEVELOPED. "The scope of appellate review of a commitment determination is extremely narrow and should be modified only … "[A]n appellate court should not modify a trial court's determination either to commit or release an individual unless … We are convinced sufficient credible evidence in the record supports the court's determination that discharge with …
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njcourts.gov
… an appeal from a bench trial. We "review a 'trial court's determinations, premised on the testimony of witnesses and … 411 (1998)). "[W]e defer to the trial court's credibility determinations, because it '"hears the case, sees and observes … that those findings and conclusions were 'so manifestly unsupported 6 A-0229-22 by or inconsistent with the competent, …
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njcourts.gov
… the sexual assaults he committed against two female children, are fully recounted in our 2019 decision that … opinions." Judge Smith's conclusion on this point was well supported by the record. Kunz and Polhamus fully explained … of the relevant issues, and their conclusions were firmly supported by the facts in the record. See 2 Indeed, the …
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njcourts.gov
… tests—as depicted in the body-worn camara recordings—supported defendant's DWI conviction. As for the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … evaluation of the recording particularly where its determination is also based on its opportunity to hear and …
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njcourts.gov
… findings of" that trial judge, when such findings "are 'supported by sufficient[,] credible evidence in the … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant[,] … the judge erred in his review of the evidence, factual determination, and legal conclusion. Griepenburg, 220 N.J. at …
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njcourts.gov
… the court explained: "Even if there was evidence to support a contention the gun was observed only after police … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … v. Gamble, 218 N.J. 412, 425 (2014)). By contrast, the determination of whether those facts established an emergency …
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njcourts.gov
… defendant's family history, including a listing of his children and their ages. As to mitigating factors two, four, … 'legality.'" Id. at 47. Consequently, the law does not support defendant's argument. His convictions include four … State v. Torres, decided by our Supreme Court in 2020, to support his contention that the absence of reasons for …
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njcourts.gov
… also contended plaintiff had not proffered any evidence to support his claim that a pothole on the property caused the … to do the work is not material to the summary judgment determination. Defendant was not responsible for controlling … of his accident and injuries. The summary judgment order is supported by the credible evidence in the record. Affirmed. …
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njcourts.gov
… the Survivorship Act, N.J.S.A. 2A:15-3. Plaintiff initially supported this action with an Affidavit of Merit ("AOM") … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … 181 N.J. 354, 365 (2004) (explaining that a 11 A-2405-21 determination as to whether dismissal is appropriate requires …
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njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …