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njcourts.gov
… (pp. 6-7) 3. The only evidence produced by the OAE in support of sanctions greater than a 150- day suspension is … deprived him of the opportunity to fully develop facts supporting his claimed business dispute with the law firm. … of disbarment”). The only evidence produced by the OAE in support of sanctions greater than a 150-day suspension is …
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njcourts.gov
… convinced that the court's decision is legally correct and supported by the record. To establish ineffective assistance … confidence in the outcome." Ibid. Here, the record supports the PCR judge's finding that defendant failed to … 353 (quoting State v. Chew, 179 N.J. 186, 217 (2004)). To support a claim of ineffective assistance of counsel based …
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njcourts.gov
… counsel for defendant, and counsel filed a brief in support of defendant's petition. Judge Blue heard oral … because, at sentencing, he failed to argue "strenuously" in support of certain mitigating factors, and appellate counsel … sentence. Therefore, the record supports Judge Blue's determination that defendant failed to establish he was denied …
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njcourts.gov
… and redevelopment [are] planned and encouraged . . . to support balance . . . by providing for sustainable economic … as a Highlands Center. Chester sought that designation to "support Center-based planning for development, redevelopment … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting In re …
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njcourts.gov
… to soliciting prostitutes, he was "steadfast" in his support of Leonard's strategy. Leonard prepared a series of … attachment to defendant. Based on his credibility determinations and findings of fact, Judge DeLury issued a … that Judge DeLury's findings of fact, credibility determinations, and legal conclusions are well-supported. We …
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njcourts.gov
… (2), (8), (9), and (14). In its opposition brief, to support its assertion defendant's history reflected a … courts give prosecutors "broad discretion" in making that determination. K.S., 220 N.J. at 199. That discretion, … with an application, the reason for consideration must be supported by undisputed facts of record or facts found at a …
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njcourts.gov
… reliance on "multiple cases from other jurisdictions to support" her position "that 'water must back-up through a … However, "if the controlling language of a policy will support two meanings, one favorable to the insurer and the … a court should not engage in a strained construction to support the imposition of liability," Longobardi v. Chubb …
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njcourts.gov
… ON THE VICTIM'S BACK WERE MADE BY DEFENDANT'S SHOES WITHOUT SUPPORTING TESTIMONY. POINT V DENIAL OF DEFENDANT'S MOTION … the petitioner "must allege specific facts and evidence supporting his allegations"). As in a summary judgment … suggestibility is described as follows: [T]he determination [of impermissive suggestibility] can only be …
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njcourts.gov
… of review, we accept the trial court's credibility determinations and consequent finding that trial counsel's … away from his son. DNA evidence extracted from the ski mask supported that theory. Trial counsel testified she and … and . . . credible." The trial court's credibility determination is supported by sufficient credible evidence on …
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njcourts.gov
… v. Bolton, 230 N.J. Super. 476, 480 (App. Div. 1989) to support his reliance on the permissive inference permitting … POINT I THE COURT'S FINDING OF DELINQUENCY WAS NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD AND … on the car dashboard. Id. at 271 (citations omitted). A determination of constructive possession is fact-sensitive and …
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njcourts.gov
… ("PREA") Accommodation Committee's ("PAC") July 27, 2022 determination to transfer Dory out of a women's correctional … because the record did not contain substantial evidence to support the DOC's findings. Dory also contends the PAC is … The July 27, 2022 PAC decision was an individualized determination of Dory's housing and specifically stated the …
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A-48/49-24 Respondent Brief Letter
Briefs
njcourts.gov
… only as a mitigating factor in sentencing and cannot support an aggravating factor. (Pca9-10); 2) an amendment to … parole decisions. (Pca12). The Board explained that its “determination of subsequent growth and maturity under N.J.A.C. … code.” (Pca20-21). The court cited two factors supporting the Board’s denial of the age- related petitions. …
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njcourts.gov
… record does not contain "substantial credible evidence" to support the ALJ's findings as adopted by the Board. He also … that appellate review of an administrative agency's final determination is limited. Russo v. Bd. of Trs., Police & … ordinarily should not disturb an administrative agency's determinations or findings unless there was a clear showing …
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njcourts.gov
… custodial term, with nine years of parole ineligibility. He supported the proposed reduction by maintaining the … participated in numerous programs while incarcerated that supported additional mitigation. Significantly, counsel also … and 5 A-2508-22 issued a detailed oral decision supporting its conclusion. As the court explained, …
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njcourts.gov
… counsel, who submitted an amended PCR petition and several supporting briefs. In a decision placed on the record after … arrested." We review the PCR court's legal and factual determinations de novo because it rendered its decision … N.J. 344, 365 (2009). Bare assertions are "insufficient to support a prima facie case of ineffectiveness." State v. …
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njcourts.gov
… spouse over custody of, and parenting time with, their four children. In this case, plaintiff filed a complaint in the … arguments on appeal, we affirmed the trial court's determination. Id. at 5-9. 4 In our August 18, 2023 decision … "[t]he factual allegations are palpably insufficient to support a claim upon which relief can be granted, and, …
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njcourts.gov
… benefit of all reasonable inferences," was sufficient to support a guilty verdict. Lodzinski, 246 N.J. at 358-59 … 86 (2002)). "If, 'accepting as true all the evidence which supports the position of the party defending against the … were in fact inconsistent. Moreover, substantial evidence supports defendant's conviction for aggravated assault. …
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njcourts.gov
… challenge, we held the trial judge's findings of fact were "supported by sufficient credible evidence in the record" and … intense feelings of remorse, [d]efendant's "seven children who are going to be without their father for a very … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," …
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njcourts.gov
… under N.J.S.A. 40:69A-60.7. In addition, it asserts Newark supports its position because the Supreme Court recognized … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "The burden of … 301 (2015). Although, we are "not bound by an agency's determination on a question of law, our courts give 'great …
njcourts.gov
… that plaintiff's expert's contentions were "insufficiently supported by testimony and records."; and (7) it was neither … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … Price, 214 N.J. at 284). Further, municipal land-use determinations are afforded a presumption of validity that the …