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… upon the within certification and annexed [e]xhibits in support of this motion," but defendant did not include the … part as one for reconsideration. The judge found no basis supporting the disqualification of the first judge, and … was sufficient credible evidence supporting the court's determination plaintiff was entitled to the ejectment of …
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… him at trial, leading to his rejection of a plea offer. In support of his first contention, defendant argued that the … that defendant "failed to establish a prima facie case in support of any claim" and "an evidentiary hearing would not … defendant's argument and denied the petition. The record supports the PCR court's finding that defendant and his …
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… search and must "prove 'that there was no probable cause supporting the issuance of the warrant or that the search … to pay substantial deference to the [issuing] judge's determination." State v. Dispoto, 383 N.J. Super. 205, 216 … N.J. 14, 20-21 (2009). The issuing judge's probable cause determination "must be made based on the information contained …
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… 1:6-2(d). 4 A-3276-19 In his accompanying certification in support of the application, plaintiff's counsel stated that … the court issued an order denying plaintiff's motion. In support of its decision, the court stated: [Plaintiff] has … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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… MUST BE REMANDED FOR THE APPOINTMENT OF NEW PCR COUNSEL AS SUPPORT WAS NOT PROVIDED FOR ANY OF THE ARGUMENTS RAISED BY … failure "to [both] address these arguments with any supporting 1 To establish a PCR claim of ineffective … establish a prima facie case. This is not an appeal of a determination of a PCR petition alleging ineffective …
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… We "accord 'substantial deference' to a trial court's determination under [Rule 4:50-1] and its decision[] will be … in the judgment.2 Defendant challenges the court's determination of damages as reflected in the May 2013 default … complaint in 2012. There is no competent record evidence supporting the claim. The evidence shows only an answer to …
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… we accept a trial judge's findings of fact if they are supported by sufficient credible evidence in the record. … of the gun was in the plastic bag. This finding is well supported by the record. Tellado stated it was possible the … Because the judge's findings of fact on that issue are supported by sufficient credible evidence in the record, we …
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… to Rule 2:5-1(b) amplifying the reasons regarding its determination the SOR did not apply to Bella's injury because … us, Zamperla contests the court's order deferring the determination of whether to find Dr. Andrews' expert opinion … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53- 54 …
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… assistance of his trial counsel. I. We set forth the facts supporting defendant's convictions in our decision on his … v. Fisher, 156 N.J. 494, 501 (1998). The showing must be supported by more than bald assertions. See State v. … 1999). A defendant must allege specific facts sufficient to support a prima facie claim trial counsel's performance was …
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… alleging plaintiffs' claims lacked merit and were not supported by a good faith argument. In a May 17, 2018 … 11 A-4210-17T2 We are satisfied Judge Den Uyl's determinations on the forms of notice in his well-reasoned … 15 A-4210-17T2 We discern no error in the judge's determination not to award counsel fees to defendant. The …
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… from his vehicle 's backseat. Gorman saw a mother and two children standing nearby. Defendant and Dowdell exited the … were not sufficiently grounded in reliable science to support his opinion that the projectiles were fired from the … testimony that defendant fired the shots at Johnson. The determination of defendant's guilt or innocence rested on the …
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… During their relationship, the parties and plaintiff's children traveled domestically and internationally, which … not explain precisely where. She offered no testimony to support her allegation that defendant followed her home. … Div. 1995). Common sense and experience may inform that determination. State v. Richards, 155 N.J. Super. 106, 118 …
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… N.J. Super. 34, 37 (App. Div. 1952). "A certification will support the grant of summary judgment only if the material … to respond to plaintiff's statement of undisputed facts in support of its motion for summary judgment. Rule 4:46-2(b) … 15 A-0757-19 The record amply supports the motion judge's determination that plaintiff was entitled to foreclose. …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … certifications or affidavits setting forth any facts in support of his bald assertions. And, defendant's arguments … him he faced mandatory deportation." In light of our determination that plea counsel did not misadvise defendant as …
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… incomplete information. This finding included the ALJ's determination that Connors violated General Order 169, … evaluation of the record," issued a final administrative determination adopting the ALJ's findings of fact and initial … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative …
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… of a buccal swab of defendant's mouth. The motion was only supported by a certification signed by an assistant … that "no Warrants shall issue except upon probable cause, supported by Oath or affirmation." U.S. Const. amend. IV; … on the weapon – likely involves a range of subjective determinations. Providing an analyst with defendant's sample …
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… federal claims," noting defendant "[did] not refer to any supporting materials that [counsel] should have obtained to … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," … v. 14 A-3787-23 Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation," …
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… pursuant to N.J.A.C. 10A:71-3.11 and fully documented and supported its decision pursuant to N.J.A.C. 10A:71-3.18(f)." … The Board concurred with the Board panel's determination "that a preponderance of the evidence [showed] … record on appeal." II. Appellate review of parole determinations "focuses upon whether the factual findings made …
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… there is sufficient credible evidence in the record to support the Board's factual findings that the accident was … benefits because the record supports the Board's determination that his accident was due to his willful … documents in evidence and the DIVR video, supported its determination that Almeida's willfully negligent driving …
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… the charge, concluding there was "no factual or legal support for [the DOC's] conclusion that the events at the … 19, 28 (2007). "In light of the deference owed to such determinations, when reviewing administrative sanctions, 'the … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue, ' we are not bound by …