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njcourts.gov
… court's fact-finding should be upheld unless it is not supported by "adequate, substantial and credible" evidence. … to the PDVA, a trial court must make two distinct determinations. Silver v. Silver, 387 N.J. Super. 112, 125-27 … acts or threats of violence. Id. at 127. In reaching that determination, there must be a finding that "relief is …
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njcourts.gov
… States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and … immediately perish at the scene. But, that fact does not support a finding that the killings were "especially … at the apple. Aggravating sentencing factor one was neither supported by the "nature and circumstances" of these crimes, …
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njcourts.gov
… v. Pickles, 46 N.J. 542, 577 (1966)). We defer to findings supported by sufficient credible evidence in the record, … 240 N.J. Super. 412, 417-19 (App. Div. 1990). The record supports the judge's finding that the officers were not … testimony usurped the jury's singular role in the determination of defendant's guilt and irredeemably tainted …
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njcourts.gov
… he sought. The judge made no specific findings of facts supporting this decision, and merely stated that he had … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … concluded, CURE presented no non-speculative evidence supporting its claim that it was prejudiced by Arnala's late …
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njcourts.gov
… lived upstairs with defendant's sister Carolyn and her children. At the time of the incident, the real estate taxes … testimony from an accident reconstruction expert to support the theory that defendant's truck struck the RV … both before and after the incident, were admitted to support the State's theory that defendant murdered …
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njcourts.gov
… sought the exception nor did defendant's circumstances support the judge making the referral to the Assignment … unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 …
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njcourts.gov
… and local law enforcement officers," the trial court's "determinations of reasonable suspicion and probable cause … see State v. Golotta, 178 N.J. 205, 219 (2003), it cannot support the investigatory stop that occurred here for the … an unreasonable seizure was not abandoned. We reject as unsupported by the evidence the State's assertion that …
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njcourts.gov
… FOR RESENTENCING BECAUSE THE COURT BASED THE SENTENCES ON UNSUPPORTED AND UNEXPLAINED SENTENCING FACTORS, FAILED TO … A. The Sentencing Court Did Not Explain the Basis for Its Unsupported Aggravating Factor Findings and Failed to Find … has not demonstrated that there was no probable cause supporting the issuance of the warrant or that the search of …
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njcourts.gov
… found them to be, there was sufficient credible evidence to support her conclusions, by clear and convincing evidence, … remainder, Sylvia also left $2000 bequests to Felix's grandchildren by a prior marriage and $10,000 to Sylvia's … 2012). Based on the judge's factual findings, which are supported by substantial credible evidence, the proponents …
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njcourts.gov
… a DOT certification at the time Hunt made the adverse determination. He need only establish he could have obtained … an administrative assistant employed by Hunt, thus supporting an inference that Patterson, who communicated … the day after . . . . Dr. Reddy's deposition testimony supports Marchesani's contention that the doctor used …
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njcourts.gov
… Am. Home Mortg. Servicing, Inc., 470 B.R. 715 (D.N.J. 2012) supports the proposition that actual knowledge does not … by TD Bank, in the amount of $80,781.77, which is further supported by Defendant’s HUD-1 settlement statement that …
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njcourts.gov
… for Comtron in any of the pending litigations—as further supported by . . . Wiesner's continued claims—by … Westfield, 17 N.J. 67, 76 (1954). "[E]vidence submitted in support of a motion for summary judgment must be …
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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." … and defendant has not established a prima facie case to support an ineffective assistance of 18 A-0396-21 appellate …
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njcourts.gov
… clause expressed the parties' "intent" to refer the determination of arbitrability to the arbitrator. Moreover, … so by the Sixth Circuit and I agree with [its] determination. The motion court therefore ordered that … under the Federal Arbitration Act." Accordingly, the record supports the motion court's finding that the parties entered …
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njcourts.gov
… Our review of the record, however, reveals sufficient support for the conclusion that defendants were subject to … N.J. at 447. Our review of the record reveals insufficient support for the trial court's conclusion that defendants …
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njcourts.gov
… [the trial court's] 9 A-2587-21 decision, provided it is supported by credible evidence in the record.'" State v. … may be a component of this assessment. We find nothing to support the conclusion two separate statements, made one …
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njcourts.gov
… 2 and Conservation Officer 3 "to provide law enforcement support to allow for the harvest of oysters from [the] … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … on other grounds, 244 N.J. 1 (2020). "[If] an agency's determination . . . is a legal determination, [the appellate …
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njcourts.gov
… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … containing the gun and magazine was seized prior to any determination to impound the vehicle. Under these … magazine was invalid. V. We now address the trial court's determination that the warrantless seizure of the satchel was …
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njcourts.gov
… Turning to count two, RU's attorney argued there was no support in the record to demonstrate a "disability-based … See Godfrey, 196 N.J. at 196. Nor does the motion record support plaintiff's harassment claim based on a disability …
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njcourts.gov
… the reasonableness of any explanation counsel may offer in support of his decision not to assign an investigator to … witness testimony[,]" and will uphold findings that are "supported by sufficient credible evidence in the record." … and they were called as witnesses at trial is unsupported by any competent evidence in the record. According …