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njcourts.gov
… her, claiming that not only did he miss her, but that his children also missed her. Carla recounted two specific … "a significant bruise 7 A-0037-19T2 around her neck," supported her version of what happened that night, rather … we affirm. Roberto's arguments all attack the court's determinations of credibility — and a trial court …
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njcourts.gov
… "only upon the establishment of a prima facie case in support of post- 7 A-1388-19 conviction relief[.]" R. … Dupree could have testified that he fired no shots, thereby supporting his overall defense, i.e., renunciation of any … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… filing of the complaint. Marraffa's version of events is supported by summary remarks by the trial court in a January … error. 6 A-2504-19 a motion for reconsideration." In support of this representation, Praxis cites only to the … We disregard Praxis's representation because it has no support in the record. See R. 2:6-2(a)(5) (requiring …
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njcourts.gov
… also stated that the State had "very weighty evidence" to support the charges, which include the personal observations … the court did not rely upon the same facts and arguments to support its findings that defendant rebutted the presumption … argues that the record does not support the trial court's determination that the State established grounds for his …
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njcourts.gov
… Dr. Bram on January 8, 2018 for a one-time evaluation in support of the motion for medical and temporary disability … findings during his examination of petitioner that would support the conclusion Martin needed long-term prescription … in the record to support the compensation judge's determination that further treatment with opioid medication …
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njcourts.gov
… decision of the Board of Review (Board), which upheld a determination of the appeal tribunal that TZ's former … good cause attributable to the work. Oh appealed that determination to the appeal tribunal, which mailed a "Notice … help, but it was not provided. Oh called two witnesses in support of his claim, H.M. and G.F.1 H.M. testified that he …
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njcourts.gov
… a claim on which relief can be granted. See R. 4:6-2(e). In support of the motion, Ford filed a brief arguing [t]he … including his obligation to preserve evidence he believed supported his legal claims against Ford. In addition, the … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… personal knowledge," or otherwise, setting forth the facts supporting the claim. 321 N.J. Super. 154, 170 (App. Div. … to advise him that C.R. gave conflicting statements is not supported by any competent evidence. Defendant did not … may have properly rejected the claim because it is not supported by competent evidence. PCR petitions must be …
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njcourts.gov
… In any event, the record is bereft of any evidence supporting defendant's current remand request. It is … affirming the SCPO's rejection of his PTI application. "A determination for suitability and participation in the 2 … defendant's contention that the 2014 Clarification provides support for his admission to PTI because the 2014 …
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njcourts.gov
… 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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njcourts.gov
… § 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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njcourts.gov
… N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not … the elements of a cause of action without setting forth supporting facts does not state a claim on which relief may … 101 N.J. Super. 334 (Ch. Div. 1968). “[T]he essential facts supporting [a claimant’s] cause of action must be presented …
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njcourts.gov
… PCR counsel, he submitted a supplemental certification in support of his PCR application, adding that his attorney was … required when a defendant establishes a prima facie case in support of PCR, the court determines that there are disputed … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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A-44-52-23 Reply Brief New Jersey State-Bar Association
Briefs
njcourts.gov
… REPLY BRIEF OF NEW JERSEY STATE BAR ASSOCIATION IN FURTHER SUPPORT OF ITS PETITION FOR REVIEW OF ACPE OPINION 745 Of … 3 POINT I: OPINION 745 IS UNSUPPORTED BY THE PLAIN LANGUAGE OF RULE 1 :39-6( d) … regarding a client's needs. 6 The conclusions and determinations reached in CUPL Opinion 60 are contradicted by …
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njcourts.gov
… were bald assertions devoid of sufficient factual support of counsel's deficiency. On de novo appeal to the … prejudice "were simply 'bald assertions' that [were] not supported by facts." As such, the PCR judge found no basis … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburomi, 464 N.J. Super. …
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njcourts.gov
… Kids as a charity as required by N.J.S.A. 45:17A-23(a). In support of its complaint, the AG, through an investigator, … N.J. 459, 472 (2018). The trial court's 8 A-3482-23 legal determinations are afforded no special deference. Ibid. … contract of sale. Ibid. Six years after the trial court's determinations, plaintiff brought a legal malpractice action …
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njcourts.gov
… a PCR petition based on ineffective assistance of counsel, supported by a brief and defendant's supplemental … the offenses. This controlled substance use purported to support mitigating factors 3 and 4; "defendant acted under a … mitigating factor 14] is not retroactive and does not support the claim 8 A-2335-22 of ineffective assistance of …
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njcourts.gov
… 2023, appointed 5 A-3317-23 counsel submitted a brief in support of defendant's petition. On May 15, 2024, the trial … is important because "a 'verdict or conclusion only weakly supported by the record is more likely to have been affected … by errors than one 8 A-3317-23 with overwhelming record support.'" State v. Gideon, 244 N.J. 538, 556 (2021) …