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njcourts.gov
… the plea offer do not come by way of an affidavit and are unsupported by the record. The State denies ever tendering a … counsel's recommendation that he proceed to trial is unsupported. [Defendant] has not supplied anything to support this allegation nor has he submitted an affidavit …
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njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "'unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record.'" Russo v. Bd. of Trs., Police & … 19, 27-28 5 A-5288-18T3 (2007)). "[I]f substantial evidence supports the agency's decision, 'a court may not substitute …
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njcourts.gov
… defendant has not proffered "specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also Porter, 216 N.J. …
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njcourts.gov
… a late notice of claim on JMCUA, which now appeals that determination, arguing the judge erred in finding plaintiff … to reject the certifications submitted by plaintiff in support of her motion. We agree plaintiff failed to … driver worked for the JCMUA; indeed, in a certification in support of her motion, plaintiff asserted that defendant …
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njcourts.gov
… harm. N.J.S.A. 2C:43-12(e)(1), (2), (8), and (17). In support of the first, second, and fourth of these cited … that defendant lacked a permit to possess the weapon. To support the third factor cited, the prosecutor referred to … with the State that this is a compelling factor that fully supported the prosecutor's position. It may be, as defendant …
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njcourts.gov
… or the hourly rate. Based on counsel's certification in support of the fee award, the judge assessed the legal tasks … the trial court's findings "are binding on appeal when supported by adequate, substantial, credible evidence." … 149 N.J. 108, 117 (1997)). "The trial court's legal determinations, in contrast, are reviewed de novo." Sipko v. …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record, an administrative agency's final … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … to warrant discussion in a written opinion as the DOC's determination was supported by sufficient, credible evidence, …
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njcourts.gov
… and found there were "no facts nor legal arguments that support this [c]ourt issuing any sanction against those … motion to the court, "separate[] from other applications," supported by a certification stating that written demand was … event, Judge Chrystal determined there was no evidence that supported Marita's allegations. We have no reason to …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … questions of law and fact, we give "deference . . . to the supported factual findings of the trial court, but review de …
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njcourts.gov
… to by the subcontractors [is] independently verifiable and supported by additional documents submitt[ed] in the bid." … is "obligated to give deference to the [a]uthority's determination." Waste Mgmt., 399 N.J. Super. at 525. After … the required legal deference, we agree with Judge Rivas's determination that the minor defect in the bid was not …
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njcourts.gov
… Board of Review ("Board") affirming the Appeal Tribunal's determination that she was disqualified for unemployment … good cause attributable to the work. Carr appealed the determination to the Appeal Tribunal, which conducted a … submission that Carr made and found that it further supported its conclusion that the Appeal Tribunal's decision …
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njcourts.gov
… title to be conveyed in accordance with a Sheriffs Sale. In support of the notion that Plaintiff should be allowed to … a copy of the assignment of mo1igage for recording. In support of this contention, Plaintiff asserts that comis of … alleged original assignment of mortgage that is missing. In support of this notion, Defendants contend that Plaintiff …
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njcourts.gov
… defendant filed another application to vacate the FRO. In support of his motion, defendant provided a psychological … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … in reaching her conclusion. Her findings of fact are fully supported in the record and her legal analysis is …
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njcourts.gov
… Because the trial court's findings of fact were adequately supported in the record and the judge correctly applied the … we apply a deferential standard to a "trial court's determinations, premised on the testimony of witnesses and … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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njcourts.gov
… PCR petition. Following the appointment of PCR counsel, a supporting brief was filed on behalf of defendant, … assistance of counsel because her claims were not supported by the record of her plea and sentencing. … defendant did 7 A-2128-23 not present any specific facts supporting her assertion that plea counsel misadvised her …
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njcourts.gov
… whom he had an infant daughter. T.B. also has two other children. In February 2016, defendant had come to T.B.'s … AND WHERE THE EVIDENCE PROVIDED A RATIONAL BASIS TO SUPPORT AN INSTRUCTION. Point II – THE PETITIONER RECEIVED … trial counsel's failure to request a charge that was not supported by the record. In his second argument, defendant …
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njcourts.gov
… we examine whether the trial court's factual findings were supported by substantial credible evidence; however, we review de novo whether those facts supported the court's legal determination on the jurisdiction 4 Because the court …
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njcourts.gov
… In affirming, the Supreme Court recognized the State must support an application for a buccal swab with an affidavit … 234 N.J. at 213. In Gathers, the Court found that the support for the State's motion to compel a buccal swab was … the drugs seized and defendant. Unlike Gathers, the State supported its motion to obtain a buccal swab with an …
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njcourts.gov
… defendant failed to include a certification or affidavit in support of his petition. Defendant did not appeal the denial … FOR A NEW TRIAL, AND POST-CONVICTION RELIEF, WHICH WERE SUPPORTED BY CERTIFICATIONS WITHOUT THE BENEFIT OF AN … submitted a 2021 affidavit from a private investigator in support of his third PCR petition, the information in that …
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A-29-25 Petitioner's Reply Brief
Briefs
njcourts.gov
… County, and Jersey City ('Respondents') and in further support of Appellant's petition for certification. Appellant … merits of his Appellate submissions and those submitted in support of his petition for certification. ## PRELIMINARY … reasons, the reasons set forth in Petitioner's brief in support of this application, and the reasons stated in the …