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njcourts.gov
… "if [the] defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 … the "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, … argument). The record also fully supports the PCR judge’s determination that defendant failed to establish a prima facie …
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njcourts.gov
… After he was assigned PCR counsel, defendant filed a supporting certification that stated he asked his trial … guilt, the judge explained that there was no evidence to support the claim. Regarding counsel's failure to cross- … witnesses, and pursue a third-party defense, were either unsupported by the record, the result of reasonable strategic …
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njcourts.gov
… TO COMMIT ANOTHER CRIME IF RELEASED UPON PAROLE IS NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE. (Raised Below) … infraction free for many years, undermines the Board's determination that there is a substantial likelihood he will … enumerated in N.J.A.C. 10A:71-3.11(b) and adopted the determinations made by the Board Panel, which found that there …
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njcourts.gov
… and in failing to argue the sentence was excessive. In support of his petition, defendant submitted a report dated … Seven might have overheard her, there were no grounds to support questioning of any of the other jurors. We also note … did not present any affidavits or certifications to support his allegations of ineffective assistance of …
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njcourts.gov
… judge reviews the transcript and makes an independent determination of the sufficiency of the evidence presented, … defendant, the judge found insufficient evidence to support the seatbelt violation. On de novo review in the Law … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… was entered, defendant moved to vacate the default. In her supporting certification, defendant stated that beginning in … presence of a meritorious defense worthy of a judicial determination." Judge Hansbury turned to defendant's 5 … review warrants substantial deference to a trial court's determination on a motion to vacate a default or a default …
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njcourts.gov
… as well. Plaintiff referred to the following language in support of his position: 2. Buildings covered . . . at … above. [(Emphasis added).] Defendant disputed the language supported plaintiff's demands. Defendant maintained that, at … myself nor plaintiff ever agreed 8 to [defendant's] determination of the replacement cost o[r] actual cash value …
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njcourts.gov
… [p]laintiff's incident took place. Although [p]laintiff supports her affidavit with photographs and videos that she … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … owed a duty to plaintiff - it did - but whether the record supports the court's decision that, as a matter of law, …
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njcourts.gov
… the judge found the claim of negligent hiring was not supported by the facts. He also discussed and dismissed … expectations of innocent third parties. In making the determination, the totality of the circumstances are taken … v. Stewart Title Guar. Co., 203 N.J. 208, 220 (2010). The determination requires scrutiny of "the actions of the …
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njcourts.gov
… argument, plaintiff's counsel was not able to identify any support in the record for a link between these two, nor any … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … Super. 32, 42 (Law Div. 1990). Nor does the evidence here support application of the res ipsa loquitur doctrine. As …
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njcourts.gov
… to his contention that the evidence was insufficient to support a conviction for burglary in light of his assertion … ineffective for failing to call the victim's landlord to support the contention that defendant was also a lessee of … effect on the outcome of the case." Notwithstanding our determination regarding defendant's failure to establish that …
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njcourts.gov
… IMPROPER SUMMARY PROCESS WHICH RESULTED IN ERRONEOUS AND UNSUPPORTED FINDINGS AND A DENIAL OF DEFENDANTS' RIGHTS TO DUE … and 7 A-2592-15T1 New Jersey law militate in favor of a determination that the defendants have paid in excess of their … that all 9 A-2592-15T1 defendants can present in support of their argument are hyper- technical legal and …
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njcourts.gov
… for lack of standing because the current record does not support dismissal on that ground. Thus, we remand for … issue, and although defense counsel did not cite any law to support the standing argument, the court considered the … ("Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case."). 8 …
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njcourts.gov
… and L.I.'s victim impact statements from his record. In support, defendant asserted that no evidence was ever presented to support a finding that he "stole, burgled, or, in any way … of the plea, a defendant must provide a factual basis to support restitution for the dismissed offenses). However, …
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njcourts.gov
… "we review orders and not, strictly speaking, reasons that support them. We have held, in other contexts, that a … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … when he applied for public campaign funds. In view of our determination that plaintiff lacked standing, we need not …
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njcourts.gov
… turning to the second issue, the arbitrator noted that, to support its contention of a past practice, plaintiff … . . . in the parties' agreement. And an arbitrator's determination of a legal issue should be sustained as long as … debatable. Plaintiff has not presented any case law to support its contention that the failure to notarize the …
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njcourts.gov
… the 3- way MOU included [defendant]." In arriving at his determination, the judge noted DPCL's address was on the MOU, … Furthermore, the alleged misconduct was immaterial to a determination of whether defendant was bound under the MOU; … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… State Prison, appeals from the October 1, 2019 final determination of the Department of Corrections (DOC) upholding … the 6 A-0983-19 preponderance of the evidence presented supported the hearing officer's decision that Gooden was … supports the agency's conclusions"). "[A]lthough the determination of an administrative agency is entitled to …
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njcourts.gov
… of Officer Dunphy to be detailed, credible, reliable, and supported by his training and experience. Conversely, the … its finding that he possessed an illegal substance was unsupported by confirmatory laboratory results. The panel … a twelve-month parole eligibility term. The Board's determination is amply supported by the record and consistent …
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njcourts.gov
… with law enforcement led to minimal results and his children were enrolled in college. Defendant did not appeal … to properly weigh the aggravating and mitigating factors or support its findings with evidence in the record. The PCR … also reaffirmed her findings at sentencing that the record supported application of aggravating factor nine, concluding …