njcourts.gov
… about how she received her mail made no sense and did not support her claims in her certifications that although her … in the judge's decision on this point was the judge's determination that Cole was not credible. Cole never … against her "without competent and persuasive evidence to support her liability[,]" she is entitled to relief even in …
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njcourts.gov
… the indictments. Each of the four Cofield factors is supported by the record. First, evidence of each incident is … These are separate counts of the indictment. In your determination of whether the State has proven the [d]efendant … we were to consider defendant's argument, does the record support a conclusion that the failure to give a disguise …
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njcourts.gov
… Division judge concluded the factual basis was adequate to support the guilty plea. Defendant raises the following … the factual basis to a guilty plea," do "not mak[e] . . . determination[s] based on witness credibility or the feel of … trial court." Ibid. The necessity for a factual basis to support a guilty plea is rooted in due process. See McCarthy …
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njcourts.gov
… of marijuana, which resulted in a conditional discharge, supported aggravating factor number three. The judge found … the judge failed to make the necessary findings of fact supporting his determination or otherwise sufficiently expressing his …
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njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …
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njcourts.gov
… consequently, the court's finding amounted to a determination of a disputed fact that usurped the function of … expressed a net opinion is based on the court's factual determinations that are contradicted by the record and the … rise to the slip and fall, or eyewitness testimony, may support an inference of constructive notice about the …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … in original) (quoting Terry, 392 U.S. at 27). The record supported the trial judge's finding a reasonable suspicion …
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njcourts.gov
… to protect the identity of the victim. 3 A-3494-17T4 children. Defendant and Ortiz went back to Home Depot a … reckless acts when there are no reckless acts or facts to support an act of recklessness . . . ." In her reasoning, … manslaughter. We discern no error in the court's determination not to charge the jury with the lesser- included …
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njcourts.gov
… of non-custodial probation. There was no direct appeal. To support her petition, Lian argued that her plea attorney … who was her paramour and the future father of her children. The indictment charged Lian and the man with … matter back to the trial court for further assessment and determination of the conflict of interest issue and an …
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njcourts.gov
… below was 'arbitrary, capricious or unreasonable' or '[un]supported by substantial credible evidence in the record as … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … 579). Judge Minkowitz recognized that these credibility determinations were not controlling. He considered the …
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njcourts.gov
… address any of the other claims made in the certifications supporting the PCR petition. We have not been provided with … to a PCR court's factual findings . . . that are supported by sufficient credible evidence in the record." …
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njcourts.gov
… to the sound discretion of the trial court, and its determination will not be reversed on appeal 7 A-5529-17T3 … made from a documentary record if those findings are supported by "sufficient credible evidence." Id. at 381 … beforehand. The State has not cross-appealed those determinations, and we have no reason to overturn them. As we …
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njcourts.gov
… incorrectly at the time the earlier order was entered. In support of her application, Calero submitted wage statements … factual findings "unless they are 'manifestly unsupported by or inconsistent with competent[,] relevant and … wage reconstruction for calculation of wages for determination of benefits for partial permanent disability." …
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njcourts.gov
… and factual errors," the Board's factual findings were "not supported by substantial evidence[,]" and an evidentiary … by well-known standards. "Judicial review of agency determinations is limited." Allstars Auto Grp. v. N.J. Motor … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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njcourts.gov
… Jersey, and (2) the doctrine of forum non conveniens. In support of its motion, Coco submitted a certification from … to New Jersey created the minimum contacts needed to support jurisdiction. Id. at 320, 330. Conversely, the …
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njcourts.gov
… trial court's review of James's certification submitted in support of his answer to David's OSC led to its conclusion … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … struck the caveat and admitted the will to probate. Our determination obviates the necessity to address James's …
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njcourts.gov
… and 4) a Peter Max painting of Michael Jordan.2 In a supporting ten- page certification, Inselberg provided … charged with his adversary's enforcement 4 Of course, the determination of any such damages would likely involve … N.J. Super. 560, 590 (App. Div. 2003). We disturb such determinations "only on the rarest occasions, and then only …
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njcourts.gov
… to admit Loveland's hearsay statements. There is ample support in the record for the trial court's conclusion 4 At … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… two years of executing the Agreement. Petitioner did not support that assertion with an affidavit or certification … loss of petitioner's fingers. When asked to explain his determination that $1,000 of the $5,000 payment was for the … The judge provided no other explanation and no factual support for his finding. The judge memorialized his decision …
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njcourts.gov
… to the ground, Dusenbery's 3 We do not address the ALJ's determination, which was adopted by the Board in its final … 4, 2015 incident. Dusenbery does not challenge that determination on appeal. See Drinker Biddle & Reath LLP v. … Woods incident.4 The ALJ 4 The ALJ made detailed findings supporting her conclusion Dusenbery is totally and …