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… THE JURY; MOREOVER, EVEN IF IT WERE, THE RECORD DOES NOT SUPPORT THE CLAIM OF THE STATE, AND THE PROSECUTOR'S … hearing if the defendant presents a prima facie case in support of PCR, there are material issues of fact that … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… § 1701X(c)(5). Plaintiff moved for summary judgment. The supporting certification of Dawn M. Bechtold, a banking … of standing, defendant failed to provide specific facts in support of her affirmative defenses in violation of Rule 4:5-4. Accordingly, the judge held the unsupported affirmative defenses were insufficient to …
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… the ALJ issued an initial decision affirming CCBSS's determination. The ALJ found that L.K. failed to timely … necessary verifications for CCBSS to make an eligibility determination. The ALJ rejected L.K.'s contention that … with corroborative evidence from pertinent sources in support of their application for eligibility. In this case, …
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… and unreasonable; and (3) the findings of guilt were unsupported by substantial credible evidence in the record. … the agency's conclusions). However, "'although the determination of an administrative agency is entitled to … 382 N.J. Super. at 23-24. "[A] prison administrator's determination not to give a prisoner a polygraph examination …
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… with prejudice." The judge decided to hear argument in support of defendant's cross-motion first: DEFENSE COUNSEL: … the statute. In response, plaintiff's counsel noted that to support his motion to amend the complaint, he had attached … a duty to make findings of fact and to state reasons in support of their conclusions." Heinl v. Heinl, 287 N.J. …
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… is "a presumption of validity with respect to the affidavit supporting the search warrant." State v. Broom-Smith, 406 … we "accord substantial deference to the discretionary determination resulting in the issuance of the [search] … of the tip' and is considered 'an essential part of the determination of probable cause.'" Keyes, 184 N.J. at 556 …
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… considered, and there were cumulative errors. Defendant supported the failure to investigate claim with a … May 7, 2015 certification from James Jordan III (Jordan) in support of his PCR petition. Jordan claimed that he was … an investigation in this matter, there's nothing that supports it. And for the record, I want to make it clear …
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… opinion, we detailed evidence presented by the State to support defendant's conviction, which we incorporate by … In our review, we defer to the motion judge's findings if "supported by sufficient credible evidence in the record." … of the record, we discern no basis to interfere with determinations of the PCR judge denying defendant's PCR …
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… noted that in November 2012, it made a classification determination that Lang was performing first-level supervisor … court "should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
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… DECISIONS OF THE APPELLATE DIVISION AS PRINCIPAL SUPPORT FOR GRANTING THE MOTION TO DISMISS VIOLATED R. … a compendium of unreported Appellate Division decisions supporting the dismissal. In doing so, the court erred by … several years. The Court concluded that "the record amply supports the trial court's finding that NJM's conduct lulled …
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… her car, but was still on school property when she fell. In support of that testimony, 4 A-1211-16T3 Bowman submitted a … result of Ms. Bowman's regular or assigned duties and his determination that Ms. Bowman had satisfied the statutory … no facts in the record that would support that finding. Determinations that are "predicated on unsupported findings …
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… the altercation. It further contends that Harmon only supports a defense to unlawful possession "in those rare and … the event the State tries the case again, and the evidence supports defendant's contention as it did at trial, the … of unlawful purpose even though it would not be adequate to support the justification defenses of self-defense or …
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… brief). PER CURIAM Marnell Johnson appeals from a final determination of the New Jersey State Parole Board, which … appeal to the Board challenging the two-member panel's determination to deny parole and the three-member panel's … substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to …
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… compensable workplace injury. Because the factual findings supporting the judgment were based on substantial credible … neck pain. He specifically relied upon the lack of medical support for Petitioner's claim of neck pain and concluded … principles. Kordek further contends the decision is not supported by substantial credible evidence in the record. We …
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… argued the cause for respondent/cross-appellant (Fox Rothschild LLP, attorneys; Lindsay A. Heller, of counsel and on … I. [F]indings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence. … 411-12 (1998). . . . If the trial court's conclusions are supported by the evidence, we are inclined to accept them. …
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… meetings did not violate the CNA. In reaching this determination, the arbitrator noted the meeting requirement … time." Because "[t]he contract language itself strongly support[ed] the interpretation that the team planning … We note that PERC's role is to make a threshold determination of whether the disputed matter is something the …
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… we defer to the trial court's factual findings if they are supported by sufficient evidence. State v. Hubbard, 222 N.J. … search, seized the car, and applied for a search warrant, supported by Day's affidavit. During a search the following … tip, here Day did not provide any additional information to support a reasonable suspicion that defendant could have …
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… to save my life here. I'm trying to save the life of my children." Fleurantin explained "[s]omebody alleged that I … not to pass the cost of the proceedings onto licensees who support Board activities through licensing fees." It also … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, 27-28 …
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… running from May 19 through September 7, 2019. In a determination mailed the following month, a Deputy Director … claimant submitted a series of documents as evidence to support his contention that the summer sessions are part of … 10, 2021. It affirmed the Appeal Tribunal's November 6 determination, finding Burg ineligible for unemployment …
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… 2020. Two Brothers filed an appeal from the eligibility determination on June 16, 2020. During the conference … POINT I INDIVIDUALS WHO I BELIEVED COULD TESTIFY IN SUPPORT OF MY CLAIMS REFUSED WITH LATE NOTICE AND I COULD … scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Rev., 152 …