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njcourts.gov
… testimonial and documentary, there was ample evidence to support the Law Division judge's conclusion that defendant … metabolite), and citalopram. In his certification in support of his PCR petition, defendant contended that his … on a PCR petition if he establishes a prima facie case in support of PCR. Moreover, there must be "material issues of …
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njcourts.gov
… supplemental letter brief. The supplemental petition was supported by affidavits from three women. In identical … "only upon the establishment of a prima facie case in support of post-conviction relief." R. 3:22-10(b). A "prima … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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njcourts.gov
… (Board) to amplify its findings of fact and reasoning supporting its decision to grant defendant J.C. Industries, … hearing also provided a firm foundation for the judge's determination that defendant met the negative criteria because … landowners. We also concur with Judge Troncone's determination that the Board did not usurp the Township's …
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njcourts.gov
… pro se supplemental brief. Judge Ravin found no evidence to support defendant's claims that his trial counsel had been … and factual findings made by Judge Ravin are amply supported by substantial credible evidence in the record. … appellate court will uphold a PCR court's findings that are supported by substantial credible evidence in the record). …
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njcourts.gov
… in a "ready" position, using his left 5 A-0363-19 hand to support his right hand, but not pointed at anyone in … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… The three-member Board panel determined "that the factors supporting the denial of parole, collectively, are of such a … 563 (App. Div. 2002). We will not disturb the Board's determination "unless there is a clear showing that it is … or deny parole). This is so because a parole "rescission determination concerns liberty interests that are greater than …
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njcourts.gov
… The judge found Greenbrier's discovery delay did not support a finding that New Jersey had jurisdiction over … were unable to articulate additional discovery necessary to support specific jurisdiction in this case. In denying … "examine[] whether the trial court's factual findings are 'supported by substantial, credible evidence' in the record." …
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njcourts.gov
… not responsible for her actions during that time period. In support of the cross-motion for summary decision, BRMC filed … the agency, adopting the ALJ's decision, issued a final determination. The BRMC filed this appeal. 2 The BRMC does not … Our review of an administrative agency's final determination is limited. In re Carter, 191 N.J. 474, 482 …
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njcourts.gov
… based on its finding he did not present competent evidence supporting his damages claim. "A CFA claim requires proof of … its particularity to avoid summary judgment." Ibid. The determination of whether a plaintiff has suffered an … damages, it is unnecessary to address the court's determination that defendant was entitled to summary judgment …
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njcourts.gov
… that PCR counsel could seek leave to file certifications in support of the petition, and the court may reconsider its … for defendant, and defendant filed a certification in support of his petition. PCR counsel filed a brief in which … only if the defendant presents a prima facie case in support of relief, the PCR court determines there 8 …
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njcourts.gov
… SERGEANT SLIMMER'S APPEAL AND AFFIRMING THE NJDOC'S DETERMINATION TO BYPASS HIS NAME ON THE ELIGIBLE LIST. POINT … I. This court has a "limited role" in reviewing agency determinations. In re Stallworth, 208 N.J. 182, 194 (2011) … to be arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
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njcourts.gov
… court in determining whether to admit evidence, and that determination will 6 A-0109-16T2 be reversed only if it … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … did not violate his Miranda rights. We find the judge's determination is supported by sufficient credible evidence in …
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njcourts.gov
… was ineffective for failing to consult with an expert. To support his PCR argument, defendant submitted the report of … Safety Administration (NHTSA) "clues". Such positive determinations are fraught with a high false- positive rate … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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njcourts.gov
… submitted appropriate business records and invoices to support its calculations of the amounts due, thereby … Defendant also contended plaintiff did not adequately support the amount of real estate taxes and inspection fees … as required under [Rule] 4:64-9 nor have [d]efendants supported the objections with any proof. Defendants have …
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njcourts.gov
… violation of the Civil Service Rules, and that the record supported a lack of abuse of discretion by the appointing … it is "arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Lourdes Med. Ctr. of …
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njcourts.gov
… trial judge — claims his witness tampering conviction was unsupported by the State's evidence. The tampering charge was … 2:10-2. We also determine there was sufficient evidence to support the tampering verdict. Like the former statute where … recognized in Speth: Satisfying this requirement alone to support a conviction is sufficient to meet the societal need …
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njcourts.gov
… a "mandatory" inference of negligence. The record does not support that argument. Plaintiff's argument about an … evidence of the hit-and-run driver's negligence is also not supported by the record. Throughout the trial, plaintiff's … driver was negligent. Moreover, plaintiff cites no law to support a mandatory inference. Instead, she points to cases …
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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
… 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
… for PCR and entered an order denying defendant's petition supported by a written opinion. The judge found defendant's … judge found she failed to present a prima facie claim in support of PCR. He found defendant's claims that her counsel … the deficient representation of counsel affected "'a determination of guilt or otherwise wrought a miscarriage of …