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njcourts.gov
… offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by … in maintaining DNA and 10 A-3126-22 fingerprint records to support criminal prosecutions State-wide. Our Supreme Court …
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njcourts.gov
… Inc. Petitioner contends the court made factual findings unsupported by the record, misapplied controlling caselaw, … (1922); and Hall v. Doremus, 114 N.J.L. 47 (Sup. Ct. 1934), supported his claim. Judge Robertson explained "[i]n all of … There is substantial credible evidence in the record to support the judge's factual findings, and his understanding …
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njcourts.gov
… the court rule on which they based their motion. In support of the motion, defendant submitted several documents … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,'" Mac … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 65 N.J. 474, 484 (1974)). "We defer to the credibility determinations made by the trial court because the trial judge … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
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njcourts.gov
… cause (OTSC), seeking a thirty-day stay of the eviction. In support of the OTSC, McNett's mother, Mary McNett, submitted … evidence from a third person or some other evidence" to support their application to extend the time to exercise the …
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njcourts.gov
… on August 11, 2022, denying defendant's petition. In a supporting oral decision placed on the 6 A-3876-21 record on … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
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njcourts.gov
… 21, 2022, the court entered an order granting NJM's motion supported by an oral opinion. The court found discovery left … "under the same standard that govern[ed] the court's determination." Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … However, we give no deference to a trial court 's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union …
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njcourts.gov
… to Rule 3:9-3(f). In that regard, the record does not support the prosecutor or court would have agreed to or … we have not expressly addressed any arguments made in support of defendant's appeal, we have determined they are …
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njcourts.gov
… 339 (App. Div. 2017). Plaintiff alleges she and her two children attended a birthday party at defendant 's amusement … -50, which is not at issue on this appeal. 4 A-0850-24 to support a negligence claim. It reasoned defendant "complied … requirement, regardless of whether it was correct in its determination, defendant satisfied any duty it owed by taking …
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njcourts.gov
… 476 N.J. Super. 154, 162 (App. Div. 2023). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … standard. We are satisfied that the Board's final determination relied on substantial credible evidence in the …
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njcourts.gov
… the same alleged claim addressed in his first motion. In support of his motion, plaintiff filed a certification … August 14, 2023, plaintiff moved "to reopen the case." In support of the motion, plaintiff filed the same … principles. Little, 135 N.J. at 283. The trial court's determination is entitled to substantial deference and will …
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njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious … 602 U.S. 821 (2024). Defendant offers these cases to support his contention that any fact which increases the …
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njcourts.gov
… the petition that was filed and proof of service.[1] In his supporting brief, second PCR counsel elaborated upon … PROVIDED TO HIM BY [DEFENDANT] THAT WOULD HAVE SUPPORTED HIS MIRANDA[3] SUPPRESSION ISSUE ON PCR. POINT IV …
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njcourts.gov
… We are unpersuaded. 4 A-1804-24 II. A trial court's determination that a defendant knowingly and voluntarily … [self-represented] with his eyes open." Ibid. "The determination of whether there has been an intelligent waiver … judge. Notwithstanding such, we conclude the record supports the exception in Crisafi is also applicable. Here, …
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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … There is sufficient, credible evidence in the record to support the judge's conclusion that Officer Napoli had …
njcourts.gov
… was also no contact between Allen and Oritani that would support a special relationship. In City Check Cashing, the … An Appellate Division panel reversed the trial court’s determination. It found that the ADS resolution signed by … the statute’s objectives. Accordingly, we reverse the determination of the Appellate Division, and reinstate the …
njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … further evaluation of the evidence to make an independent determination of value. Affording plaintiffs all reasonable … is the most straight forward and simple way to explain and support an opinion of market value.” Greenblatt, 26 N.J. Tax …
njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. Here, affording Madison Bulldog all … Tax 610 (Tax 1985). However, when the proofs submitted in support of one approach overshadow those submitted in …
default
… HAVE BEEN GRANTED. (A) THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE GUILTY VERDICT ON THE CHARGE OF CONSPIRACY. (B) … an appellate court evaluates a trial court's evidentiary determinations with substantial deference." Id. at 449 (citing … be considered under the interest of justice prong in the determination of whether or not to downgrade a sentence …
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njcourts.gov
… was also no contact between Allen and Oritani that would support a special relationship. In City Check Cashing, the … An Appellate Division panel reversed the trial court’s determination. It found that the ADS resolution signed by … the statute’s objectives. Accordingly, we reverse the determination of the Appellate Division, and reinstate the …