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njcourts.gov
… motion to withdraw his guilty plea in the Pharmacy case. In support of that motion, defendant submitted a short, … The trial court found that none of the four Slater factors supported defendant's motion to withdraw his guilty plea. … on the record the right to appeal from the adverse determination of any 13 A-2045-22 specified pretrial motion. …
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njcourts.gov
… court on a motion to suppress so long as its findings are supported by sufficient credible evidence in the record." … dog sniff. All of those facts, in combination, easily support the trial court's finding of probable cause to enter … amount of information progressively gained by the police to support probable cause could have been anticipated as they …
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njcourts.gov
… of his appellate counsel and the record did not support defendant's claim his trial counsel failed to argue … PCR petition had been addressed during trial, were not supported by the precedents defendant cited, or were decided … and file petitioner's self-represented certification in support of PCR wherein petitioner argued he was denied …
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njcourts.gov
… "a single, self-serving spreadsheet without documents" to support his claim for $999,500 in damages "was weak and … Asdal's testimony with respect to the easement was not supported by expert testimony: 12 A-1200-23 While . . . … 7, 2023 amended judgment. II. "Our review of '[f]inal determinations made by the trial court sitting in a non-jury …
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njcourts.gov
… and local law enforcement officers," the trial court's "determinations of reasonable suspicion and probable cause … that cigarette packs are sometimes used to transfer drugs, supported a reasonable 9 A-0082-22 and articulable suspicion … a group of innocent circumstances in the aggregate can support a finding of reasonable suspicion," State v. …
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njcourts.gov
… of "prolonged litigation" it perceived was necessary to support a waiver argument. Defendants contend we lack … moved to compel defendants' discovery responses. In support of the motion, plaintiff's counsel certified … the same day defendants moved to compel arbitration. In support of their motion, defendants submitted the …
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njcourts.gov
… Center for Taxpayer Rights to file an amicus brief, which supports plaintiff's contentions. We conclude that the … assessment. Therefore, we agree with the tax judge's determination that the issuance of a Responsible Person Notice … On December 16, 2020, Taxation issued a final determination, upholding the Responsible Person Notice "based …
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njcourts.gov
… against Englewood Health and Drs. Shah and Janosky. In the supporting brief, counsel stated "staffing shortages" led to … against Dr. Fleischer. Our review of a trial court's determination regarding the sufficiency of an AOM is de novo. … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the …
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njcourts.gov
… was procured by undue means because there was no evidence supporting the arbitrator's finding that the City and Union … court found that the arbitrator had "made a reasonable determination that [the City] engaged in contract negotiations … debatable, a court must defer to the arbitrator's determination. See ibid. Consistent with that deferential …
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njcourts.gov
… enjoys priority over other claims." In his certification supporting his summary judgment motion, plaintiff annexed … In her 2017 tax return, debtor claimed three dependent children, all with the last name, Garfinkel. However, FMC … the parties filed cross-motions seeking a legal determination – based on our de novo review 15 A-1179-22 of …
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njcourts.gov
… is a 'manifest lack of inherently credible evidence to support the finding, ' when there has been an 'obvious … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … 197 N.J. 216, 230 (2008)). A trial court's evidentiary determinations are also entitled to "substantial deference." …
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njcourts.gov
… possessed a gun during his interaction with the victim. To support this theory, the defense relied on inconsistencies … was searching for a gun after defendant was captured supported their theory that no gun was recovered from … found that the evidence admitted at the PCR hearing did not support defendant's coercion claim. The judge found that the …
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njcourts.gov
… to provide "affidavits, certifications and the like" to support his claim. Instead, according to the judge, … to seek a mental health evaluation," the judge found no support for the claim. The judge expounded that … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," …
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njcourts.gov
… to -23, which include prohibitions on his interaction with children. Specifically, N.J.S.A. 2C:7-23(a) provides "it … 2019, the court entered an order finding defendant guilty supported by an oral opinion. The court found, based on the … was appointed, defendant filed a supplemental brief in support of PCR. He argued trial counsel was ineffective for: …
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A-21-24 Amicus Curiae Brief New Jersey Association for Justice
Briefs
njcourts.gov
… OF AMICUS CURIAE NEW JERSEY ASSOCIATION FOR JUSTICE IN SUPPORT OF PLAINTIFF-PETITIONER On the Brief: WILLIAM D. … of Amicus Curiae New Jersey Association for Justice in Support of Plaintiff-Petitioner below addresses the … something that “would have” occurred-two points of fact to support their contention that plaintiff clearly and …
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njcourts.gov
… claims if a defendant has presented a prima facie claim in support of PCR and the facts supporting the claim are outside the trial record." State v. … robbery and second-degree robbery, as both charges were supported by the trial evidence. As noted, the State …
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njcourts.gov
… retirement benefits. The Board reaffirmed its prior determination that petitioner was "totally and permanently … "verified that it was a problem with the levers" was "not supported by any evidence in the record" and was … law. II. Our review of an administrative agency determination is limited. Allstars Auto Grp., Inc. v. N.J. …
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njcourts.gov
… IS BOTH ARBITRARY, CAPRICIOUS, OR UNREASONABLE AND IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE. (Not raised below). A. … fair hearing was not followed. II. Our review of DMAHS's determination is ordinarily limited. Barone v. Dep't of Hum. … with the responsibility of implementing legislative determinations."); see also Wnuck v. N.J. Div. of Motor …
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njcourts.gov
… was engaging or about to engage in criminal activity." In support, the judge pointed to the fact that "[d]efendant's … B. There Was No Credible Evidence In The Record To Support A Finding That The Officer Smelled An Odor Of … court's decision so long as those 9 A-2525-20 findings are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… of prong two and make additional findings of fact that support a determination either that the prong has been satisfied, or … and freely given. The evidence and facts do not support any inference of consent. Referencing defendant's …