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njcourts.gov
… We find no reason to disturb those findings which are supported by substantial, credible evidence in the record. … that many of the trial court's current findings could well support a determination that Carr violated the provisions the trial …
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njcourts.gov
… that defendant did not present any competent evidence to support his claim that his trial attorney was mentally … trial counsel. The judge distilled defendant's argument in support of PCR to five allegations against trial counsel: … each allegation and found no legal basis or factual support to conduct an evidentiary hearing. With respect to …
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njcourts.gov
… receive benefits under the Managed Long Term Services and Supports (MLTSS) program. The application was filed with the … OCCO does not back date [its PAS] approvals unless their determination was not timely[,] which was not the case in … and services on a 24-hour basis to Medicaid beneficiaries (children and adults) who, due to medical disorders, …
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njcourts.gov
… counsel so as to warrant an evidentiary hearing. Defendant supported his PCR petition with a certification averring his … and because the court is sometimes making credibility determinations about witness testimony." State v. Tate, 220 … Div. 1998). "Assessment of credibility is the kind of determination 'best made through an evidentiary proceeding …
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njcourts.gov
… DID NOT ARGUE FOR SEVEN MITIGATING FACTORS THAT ARE SUPPORTED BY THE RECORD. We review de novo the Law … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … now contends should have been found in his case are not supported by the record. An assailant who enters his home to …
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njcourts.gov
… uphold his factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … We owe particular deference to the judge's credibility determinations. See State v. Locurto, 157 N.J. 463, 474 … (2013). The record of defendant's trial revealed that three children were born from defendant's and the victim's …
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njcourts.gov
… did not offer at trial nor does he offer now any legitimate support for this argument. Commencing in November 2014, both … standard when reviewing a trial court's Rule 4:37-2(b) determination. Ibid. (citing Fox v. Millman, 210 N.J. 401, 428 … Hovbilt, 138 N.J. at 620. Thereafter, a tax assessor's determination is entitled to "a presumption of validity"; this …
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njcourts.gov
… sale was denied. 4 A-4954-17T2 Defendants' certification in support of the motion to vacate final judgment was premised … deficiencies contained in documents submitted in support of plaintiff's motion for summary judgment , as well … deficiencies in the certification submitted by plaintiff in support of the withdrawn motion for summary judgment which . …
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njcourts.gov
… The Standard. POINT EIGHT: THE SAC PLEADS SUFFICIENT FACTS SUPPORTING EACH ELEMENT OF ITS CLAIMS OF SPOLIATION AND … OPMA. POINT THIRTEEN: PLAINTIFF PLEADS FACTS SUFFICIENT TO SUPPORT A CLAIM FOR CIVIL CONSPIRACY. As we have previously … hers have no basis in the law. Plaintiff has no facts which support her belief that defendants have engaged in wrongful …
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njcourts.gov
… (Board) final agency decision adopting an Appeal Tribunal determination that she is disqualified from receiving … admitted she had no personal knowledge or other evidence supporting that claim. 4 A-0118-17T4 supervisor's behavior … In re Stallworth, 208 N.J. 182, 194 (2011). The "final determination of an administrative agency . . . is entitled to …
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njcourts.gov
… only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … his right to a fair trial or prejudicially impacted the determination of his guilt." The judge concluded by finding … rights were infringed." We disagree with the PCR judge's determination that defendant's claim that counsel provided …
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njcourts.gov
… that Sutton relies on a "self-serving" Certification in Support of Appeal to support his contention that the disciplinary hearing was … indicates Sutton did not waive that specific right. It also supports his claim that he was not present to do so at the …
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njcourts.gov
… excusable under the circumstances. We accord the court's determination "substantial deference," and we will not reverse … year before filing the instant motion to vacate. The record supports Judge Goodzeit's conclusion that this period of … when it submitted an application for final judgment supported by certifications rather than affidavits. …
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njcourts.gov
… concluded defendant failed to set forth facts that would support a claim of ineffective 4 A-2244-17T1 assistance of … PCR judge noted a complete absence of any information to support defendant's ineffective assistance of counsel claim. … dismissed. We discern no basis to disturb the PCR judge's determination that …
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njcourts.gov
… judge for seeking the extension were not the same as those supporting his request to Judge Sokalski. Defendant … in his car. The judge found the evidence insufficient to support the charge of reckless driving. On trial de novo in … ordinarily alter those "findings of facts and credibility determinations . . . absent a very obvious and exceptional …
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njcourts.gov
… on May 17, 2013 and September 19, 2014, respectively. Their children, George J. Lewis, Jr. and Scott T. Lewis (“George” … care or preservation difficult or expensive pending the determination of the action, the superior court may, before … before entry of judgment and sale. III. Analysis In support of its application, plaintiff relies on the …
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njcourts.gov
… "An arrest . . . requires probable cause and generally is supported by an arrest warrant or by demonstration of … as "inherently lack[ing] the reliability necessary to support reasonable suspicion because the informant's … there was both probable cause and grounds, which would have supported an arrest warrant on the facts then known to the …
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njcourts.gov
… husband's birthday and he told defendant that one of their children might call or come over. Defendant told the couple 3 A-0847-15T2 it would "not be good" if one of the children were to come over to the house and he then pulled … the factual basis taken during his plea was not adequate to support a conviction for first-degree kidnapping. We …
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njcourts.gov
… a Franks2 hearing to determine whether the affidavit in support of the search warrant for the entire vehicle omitted … CONCERNING THE CRITICAL ISSUE OF WHETHER THE AFFFIDAVIT IN SUPPORT OF THE WARRANT TO SEARCH THE ENTIRE VEHICLE OMITTED … not violate the sentencing guidelines and the record amply supports his findings on aggravating and mitigating factors. …
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njcourts.gov
… POINT I BECAUSE THE TRIAL COURT'S FACTUAL FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE, AND BECAUSE THE … courts should reverse only when the trial court's determination is 'so clearly mistaken that the interests of … 42 N.J. 146, 161 (1964)). We also agree with the legal determination Judge Caulfield reached based upon her fact …