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njcourts.gov
… Cayres claimed the 2017 certification rebutted the DEP's determination that their application was deficient for failure … we employ a de novo standard of review to an agency's determination that there are no genuine issues of material … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated a legislative …
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njcourts.gov
… which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… and balance[d] aggravating and mitigating factors . . . supported by competent credible evidence in the record[,]" …
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njcourts.gov
… arguments. We add only these comments. The State's evidence supported both the charge on accomplice liability and the …
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njcourts.gov
… unacceptable." Ibid. As explained further infra, "policy determinations, such as which offenses to aggressively … STATE) WERE SPECULATIVE, LADEN WITH GENERALITIES, BARE ON SUPPORTING FACTS, OVER INCLUSIVE, AND CONTRARY TO … 439 N.J. Super. at 234. Defendant cites his age, education, children and motorcycle injuries, and claims he was under …
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njcourts.gov
… unless "'a defendant has presented a prima facie [case] in support of post- conviction relief.'" State v. Marshall, 148 … testimony, a belated, "bare assertion of an alibi" unsupported by other evidence). The PCR court, who sat as the … same motel. Given that evidence, defendant's belated and unsupported attempt to blame his own son was highly unlikely …
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njcourts.gov
… began in 2008; (3) he needed the income from the new job to support himself and his wife; (4) he had no other reasonable … advances no convincing argument that the prosecutor's determination was a patent and gross abuse of discretion. …
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njcourts.gov
… that defendant's statements were not the only evidence supporting his conviction. The judge explained: Without …
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njcourts.gov
… required that "plaintiffs must allege particular facts in support of their claims of attorney incompetence and may not … court may conduct an evidentiary hearing, if credibility determinations are required, and consider whether plaintiffs' … 55, 87 (App. Div. 2007) (recognizing that the "ultimate determination of equitable matters is for the judge alone to …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 10 A-4025-15T1 N.J. Super. … . ." J.S. v. R.T.H., 155 N.J. 330, 337 (1998). "[I]n its determination whether to impose a duty, [a court] must also … to prevent her husband's sexual abuse of her neighbor's children. J.S., 155 N.J. at 334, 353-54. The Court found …
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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. …
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njcourts.gov
… other grounds, 7 A-2101-16T1 188 N.J. 359, 362 (2006), for support, the prosecutor determined that "defendant's crimes …
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njcourts.gov
… denying his DNA motion. We affirm. I. The trial testimony supporting defendant's convictions are set forth in detail … Ibid. However, "our review of a trial court's legal determinations . . . is de novo." Ibid. N.J.S.A. 2A:84A-32a …
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… must "not accept passively the submissions of counsel to support the lodestar amount." He found that "this task has … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …
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njcourts.gov
… v. Nwobu, 139 N.J. 236, 240 (1995)). Accordingly, "a PTI determination requires that the prosecutor make an … own assessment of those factors. Contrary to the judge's determination, the prosecutor's assessment of factors eight … 14 A-3036-16T1 pattern of antisocial behavior, finds clear support in the record. The judge also misread factor eleven …
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… much less plain error, in the jury charge. B. To further support his argument, defendant claims his trial counsel was … Ibid. Thus, we decline to consider this point. Our determination is without prejudice to defendant's raising it … of probation. Inasmuch as the court did not make this determination, we remand for resentencing to determine …
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… of discretion standard. Id. at 467. "The trial court's determination under the rule warrants substantial deference, … Id. at 597, n. 1. 11 A-4200-15T3 The record does not support defendants' contention that plaintiff lacked …
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njcourts.gov
… licensed professional planner. Among 9 A-4691-15T4 Pierce's supporting documents was a certification from the appraiser … "unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… to search the vehicle. That issue turned on credibility determinations. For these reasons, we are constrained 3 … The deference extends to the trial court's credibility determinations. Ibid. That is so because factual findings and … the factual basis for his guilty plea was inadequate to support the possessory CDS offense to which he plead guilty. …
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njcourts.gov
… court's factual findings as long as those findings are supported by sufficient credible evidence in the record. …