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njcourts.gov
… the additional robbery convictions. Defendant provides no support for the assertion that the two additional robbery … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … We disagree as defendant's arguments are factually unsupported by the record and legally meritless. 10 …
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njcourts.gov
… 1990). However, we add the following remarks. Factual determinations "made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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njcourts.gov
… the conduct of the other alleged conspirator. This jury determination was based upon their evaluation of the … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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njcourts.gov
… trial judge's decision, provided that those findings are "supported by sufficient credible evidence in the record." … issue. Even so, we conclude that the record does not support a finding that defendant's failure to utilize his …
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njcourts.gov
… TO THE [JUDGE'S] IMPROPER RULING. Our review of a judge's determination to commit an individual is "extremely narrow," … of 6 A-3246-19 R.F., 217 N.J. 152, 175 (2014). A judge's determination should not be disturbed if the judge's findings are "supported by 'sufficient credible evidence present in the …
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njcourts.gov
… The judge also considered the defense expert report in support of the reconsideration motion and determined a jury … Thus, plaintiff was required to present expert testimony supporting the dislocation of the bit from the dental drill …
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njcourts.gov
… Cir. 1996)). Frankly, both parties have made arguments that supported the trial court's damages formula when it helped … considered in the damages formula. At that point, defendant supported the formula that it argued against in the previous …
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njcourts.gov
… stating the rules "shall be construed to secure a just determination, simplicity in procedure, fairness in … to her bad faith conduct. We see no basis to upset that determination. Futrell next contends the order to proceed summarily deprived her of discovery that could support her claims and defenses, thereby denying her due …
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njcourts.gov
… to dismiss an employee for filing a complaint that is not supported by an objectively reasonable basis. [Id. at … is pretextual." Id. at 39. Plaintiff admitted the facts supporting the hearing officer's other basis for discipline. …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … when he placed his entire upper body into the Mustang. In support of his argument, defendant cites to Horton v. …
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njcourts.gov
… court, Gourvitz relies on various equitable doctrines in support of its waiver argument, including collateral, … original jurisdiction as is necessary to the complete determination of any matter on review." See also N.J. Const. … is to determine whether there is adequate evidence to support the judgment rendered' by the trial court." Fisher, …
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njcourts.gov
… gastric carcinoma. Pelle, who was unmarried and had no children, lived with her parents. Turning to the litigation, … and funeral expenses . The judge cited to no law or fact in support of his decision to dismiss the wrongful death claim … He cited cases involving damages for a shortened life in support of his decision. Those cases were inapposite; …
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njcourts.gov
… The court "refuse[d] to entertain speculations unsupported by evidence." With defendants' answer stricken by … here and defendants have not presented any evidence to support or corroborate these contentions. We agree with the … bank could not mortgage a leased property, but this is not supported by the 2005 mortgage. It provided that "[i]f this …
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njcourts.gov
… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …
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njcourts.gov
… Zell Neustadter, filed a complaint on behalf of their children against Wolfson and BST, two of the defendants in … sign forms authorizing the withdrawal of funds from their children's UESP accounts and, without authorization, … 2 Neither party has provided a certification from Simon to support or refute any of these assertions. Accordingly, the …
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njcourts.gov
… petition nearly four years later, on April 13, 2018. In his supporting affidavit, he alleged his criminal attorney never … Defendant repeatedly turned this down. The record does not support defendant's claim he was misinformed about the …
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njcourts.gov
… (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in 8 A-5363-16T4 … judgment in forgoing a Wade hearing before each trial is supported by substantial credible evidence in the record. By …
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njcourts.gov
… at 167). We need not defer to the trial court's legal determinations, which we review de novo. Davidovich, 446 N.J. … there was insufficient evidence before the trial court to support the conclusion that dog groomers assume the risk of … a dog was an attempt to prevent a dog bite[.]" The record supports the judge's decision. The judge correctly found …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … The judge concluded that exigent circumstances existed to support a warrantless search of defendant's person based on … contraband. We discern no error in the motion judge's determination that the officer "had no practical opportunity …
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njcourts.gov
… 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … is sufficient credible evidence to support the Board's determination that Williams' disability was not the direct …