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njcourts.gov
… 3 A-0979-20 defendant's application be denied. In support of her recommendation, she relied on: (1) the nature … charged offense; (2) the facts of the case; and (3) her determination that admission to PTI was not possible because … Ibid. Although the prosecutor had not issued a determination on his PTI application, on August 7, 2019, …
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njcourts.gov
… that he was the victim of pervasive police misconduct in support of his request for PCR beyond the five-year period … report failed to constitute newly discovered evidence in support of defendant's late filing of a PCR petition. 1 The … to understand the law regarding his right to seek PCR as support for finding excusable neglect to relax the five-year …
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njcourts.gov
… P.J.A.D. In this appeal, we consider a municipal clerk's determination that plaintiffs' petition for a referendum on a … on the voter rolls. We affirm the trial judge's determination that the clerk acted arbitrarily and … the clerk decided there were only 1,002 signatures in support, eighteen less than the amount required to place the …
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njcourts.gov
… The judge found defendant offered hearsay testimony in support of his interference claim and failed to present any … sought," she reviewed the certifications and documents in support of plaintiff's requested fees and costs and "found … summary judgment motion. We also agree with the judge's determination on the issue of counsel fees. There is ample …
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njcourts.gov
… of the mortgage and note; 2) Wells Fargo's motion was not supported by competent evidence as the Kruse 4 A-5498-16T1 … right to foreclose and found no legal or factual basis to support their counterclaims or affirmative defenses. The … sale. We therefore consider any objections to that determination waived. See N.J. Dep't of Envtl. Prot. v. …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Defendant argued there was no evidence it was aware of, supported, or sanctioned any prior discriminatory conduct by … demonstrating it did not condone, acquiesce in, or support the alleged conduct . Defendant further argued there …
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njcourts.gov
… in our limited role, affirm an ALJ's findings if "they are supported by substantial credible evidence in the record," … "some legally competent evidence must [have] exist[ed] to support each ultimate finding of fact to an extent … to corroborate competent proof, or competent proof may be supported or given added probative force by hearsay …
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njcourts.gov
… X. Sattely. Defendant raises the following arguments in support of his appeal: POINT I: DEFENDANT'S PCR CLAIM IS … must show that the alleged error "'played a role in the determination of guilt.'" Brewster, 429 N.J. Super. at 401 … The alleged error did not "play[] a role in the determination of guilt." Brewster, 429 N.J. Super. at 400-01. …
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njcourts.gov
… extensive prior history of incidents between the parties supported her finding the predicate act of terroristic … threats of domestic violence. Id. at 126-27. This second determination "is most often perfunctory and self-evident, the … record, we conclude that the trial judge's credibility determinations, factual findings, and legal conclusions are …
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njcourts.gov
… investigator. Defendant neither filed a sworn statement in support of his claims nor the transcript of jury selection.1 … EVIDENCE, PARTICULARLY WHEN THE CITED AUTHORITIES FULLY SUPPORTED DEFENDANT'S CONTENTION THAT A PROSPECTIVE JUROR'S … on the claims being advanced" and includes "evidence that supports a defense, such as alibi, third-party guilt, or a …
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njcourts.gov
… regarding the September 17 application, finding a lack of support in the record that an application was submitted on … it is "arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … findings even if they are contrary to those of the ALJ, if supported by substantial evidence. In re Suspension of …
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njcourts.gov
… of the opportunity to present their testimony at trial. In support, defendant obtained notarized statements from the … defendant asserted that their testimony could have supported his defense that he was not selling heroin and … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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njcourts.gov
… a timely petition for PCR. In the certification he filed in support of this application, defendant asserted that his … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … N.J.S.A. 2C:44-1(a)(2). We disagree with the PCR judge's determination that defendant's contention that his attorney …
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njcourts.gov
… assignment of PCR counsel and the submission of multiple supporting briefs and certifications, the PCR judge found … the time bar would result in a fundamental injustice[.]" To support his claim of excusable neglect, defendant certified … . . . . Insofar as the court has no credible basis to support the first prong under Strickland, there can be no …
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njcourts.gov
… se petition for PCR. Appointed counsel submitted a brief in support of the petition and raised additional arguments, all … The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … has not submitted an affidavit or certification to support this claim. We thus conclude this contention is a …
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njcourts.gov
… would go to jail and would not take care of their two children living with them.2 Plaintiff stated defendant … Plaintiff also testified regarding defendant's income to support her request for compensatory damages. She claimed … defendant to pay plaintiff $3000 a month for interim support and plaintiff receive monthly income of $3800 from …
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njcourts.gov
… Appeal Tribunal,1 and the Board. Holland appealed this determination. We later granted Holland's motion for a remand … medical reasons, medical certification shall be required to support a finding of good cause attributable to work. 2 We … Holland also asked the hearing examiner to make a determination as to whether he refused new suitable work when …
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njcourts.gov
… only if "'arbitrary, capricious or unreasonable, or [] not supported by substantial 5 A-4897-13T4 credible evidence in … on parole. The Board's amended decision on remand is supported by substantial evidence. Therefore, it was not … against appellant's release. Those factors also strongly supported the Board's decision to depart from the …
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njcourts.gov
… one. Nonetheless, plaintiff’s reference to R. 8:6-8 as support for its argument is unavailing. That Rule provides … by the court or a demand for reduction in assessment with support therefor. [R. 8:6-8 (emphasis added).] The court … do so.10 Plaintiff refers to R. 8:6-1(b)(1)(i) as further support for its position that the preliminary report is …
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njcourts.gov
… findings and conclusions of law, and the evidence did not support his findings of fact. They also contend that the … of an architect and that the trial judge erred in his determination of the amount of plaintiffs' damages to which … a judgment entered in a non-jury case is limited. "Final determinations made by the trial court sitting in a non-jury …