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njcourts.gov
… 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
… pursuant to N.J.S.A. 43:21- 16(d). Burd appealed that determination. Although a hearing commenced before the Appeal … capricious, or 6 A-0531-17T1 unreasonable, or [] not supported by substantial credible evidence in the record as …
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njcourts.gov
… constitutes excusable neglect; no facts in the record supported the judge's finding that SABA consulted with … considerations"). We note initially that a trial court's determination granting or denying relief under Rule 4:50-1 is …
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njcourts.gov
… explicitly provide rent would be paid until closing. The determination that rent is due until closing is supported by the language in the court's May 13, 2016 order. …
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njcourts.gov
… have sufficient time to make arrangements for payment." In support of the application he presented two letters, one …
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njcourts.gov
… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … punishment under the Federal Sentencing Guidelines. The determination of the likelihood that a defendant would …
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njcourts.gov
… its set temperature within [two] degrees at all times." To support its contention that paragraph ten does not require …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … Constitution, and the United States Constitution). A determination by a trial judge regarding whether defendant was … applicable law, satisfies us Judge Waldman's rulings are supported by sufficient, credible evidence in the record. …
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njcourts.gov
… N.J.S.A. § 56:13-16(f)(2). However, he provides no facts to support the theory that the Administrative Fee charged is …
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njcourts.gov
… in a motion to suppress provided those findings are supported by sufficient credible evidence in the record. …
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njcourts.gov
… decision. There is ample credible evidence in the record to support the judge's findings and C.C.'s arguments to the …
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njcourts.gov
… so long as sufficient credible evidence in the record supports those findings." State v. Gonzales, 227 N.J. 77, …
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njcourts.gov
… (App. Div. July 18, 2013). We agreed with the PCR judge's determination that defendant's claims were procedurally barred … for Fuller's death, Kersey offered no specific details to support his claim, noting that in his affidavit, Kersey …
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njcourts.gov
… a rigid test with an absolute threshold level necessary to support a jury verdict." 6 A-2300-15T4 James, supra, 155 …
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njcourts.gov
… did. On appeal, plaintiff argues the evidence presented in support of the motion to vacate was not an opinion letter … we do not know the legal basis for the trial court's determination beyond what we discern from the judge's ruling … (1993)). We afford "substantial deference" to a judge's determination to grant relief under Rule 4:50-1 and reverse …
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njcourts.gov
… TO TESTIFY AT TRIAL, SINCE ITS FACTUAL FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE ARISING OUT OF THE …
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njcourts.gov
… unless "arbitrary, capricious or unreasonable, or . . . not supported by substantial credible evidence in the record as … iteration of the statute, "[t]he Parole Board's ultimate determination of parole fitness must be based on whether there … if released on parole at that time. In reaching such determination, the board panel or board shall state on the …
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njcourts.gov
… defendant was not exculpatory. The evidence did not support defendant's role as that of a spectator or innocent …
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njcourts.gov
… judge then applied this standard in making credibility determinations. The judge applied the wrong standard in … judge applied the wrong standard and has made credibility determinations, we are constrained to vacate the denial of … can be imposed, even if a majority of the Yarbough factors support concurrent sentences. State v. Carey, 168 N.J. 413, …
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njcourts.gov
… from the July 17, 2015 order or from the Commission's determination to deny his motion for reconsideration. In a … for a hearing. Petitioner appeals from the June 27, 2016 determination. II On appeal, in addition to asserting … that it is arbitrary, capricious, unreasonable or not supported by credible evidence in the record as a whole[,]" …