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… while intoxicated because he faced a third DWI charge. In support of his PCR, defendant certified that he did not … there is sufficient credible evidence in the record to support the Law Division judge's findings." State v. Powers, … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… only if he or she establishes a prima facie case in support of PCR, material issues of disputed fact cannot be … defendant has presented 7 A-2991-23 a prima facie claim in support of post-conviction relief." State v. Preciose, 129 … rights were violated. Those arguments lack any support in the record or the law. Accordingly, those …
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… proper over the course of this litigation. Moreover, in support of Defendants’ claim that Plaintiff does not have … meritorious defenses, here, the facts simply do not support judicial consideration of these defenses, nor do the facts support a finding of good cause. As such, vacating default …
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… an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … gravity of defendant's offense and the substantial evidence supporting his conviction. Affirmed. … STATE OF NEW JERSEY …
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… came before the court for a hearing on March 12, 2012. In support of its motion, Football University furnished the … that plaintiffs' complaints establish the essential facts supporting their cause of action. They were clearly in … the complaints alleged the "essential facts" necessary to support a cause of action for intentional interference with …
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… failed to demonstrate extraordinary circumstances to support his untimely request for a trial de novo following … for a trial de novo, R. 4:21A-6(c), and other relief.3 In support of the motion, Woodelyne annexed a letter to the … included the certification of plaintiff's attorney that supported his motion. Plaintiff neither moved before this …
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… finding—that defendant violated probation—needed to be supported by an admission from defendant. 6 A-1694-21 On … [Ibid.] "The State bears the burden of proving the charges" supporting the violation of probation "by a preponderance of … the finding that defendant violated his probation was supported by the evidence before the court. Any remaining …
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… and traffic engineering experts, who offered testimony in support of the Project. The Applicant's planning expert … or amended 3 Brunetti set forth the following exceptions in support of enlargement of the forty-five-day time period: … novel constitutional questions; (2) informal or ex parte determinations of legal questions by administrative officials; …
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… Super. 186, 190 (App. Div. 2010). We will not upset the determination of an administrative agency absent a showing … was arbitrary, capricious, or unreasonable; it lacked fair support in the evidence; or it violated legislative … Div. 1999). Therefore, we may not vacate an agency's determination because of doubts as to its wisdom or because …
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… on December 7, 2021. Because the State did not factually support the elements of the charged offenses, we affirm. In … violence, much less the act of coughing. The State did not support this element of the statute. Because the State did not present some evidence to support the elements of the charged offenses, the court did …
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… court is then required to "determine which factors are supported by a preponderance of [the] evidence, balance the … decision to consider a DWI defendant's substance abuse as supporting aggravating factor three). Defendant argues the … mitigating factor was not improper. The findings were both supported by substantial, credible evidence in the record, …
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… OF HER PREDECESSOR[']S REPRESENTATIVE. POINT VI THERE IS NO SUPPORT IN THE RECORD FOR THE IMPOSITION OF PENALTIES. Our … bound by [an] agency's interpretation of a statute or its determination of a strictly legal issue.'" Allstars Auto Grp., … 150, 158 (2018) (alteration in original) (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 …
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… for his mother and sister who testified at trial in support of that defense. Defense counsel testified that … However, defendant's investigator presented a report in support of his PCR petition stating that this trip took … POINT V DEFENDANT'S CREDIBILITY. POINT VI APPELLATE REDETERMINATION OF CREDIBILITY ISSUE. 7 A-1667-21 When …
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… In re Herrmann, 192 N.J. 19, 27 (2007)). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; …
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… BWC footage and found that the evidence was sufficient to support a DWI conviction. Although the Law Division did not … AND THE FINDING OF ALLEGED DRUG INTOXICATION WAS NOT SUPPORTED BY SUFFICIENT INDEPENDENT PROOF POINT II – THE … that defendant appeared to be impaired. That finding is supported by the testimony of the officers concerning their …
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… counsel for not calling a witness on defendant's behalf. In support of his petition, defendant submitted an affidavit … did not conduct a hearing. The court instead made factual determinations and credibility assessments based only on the … It was error for the PCR court to make credibility determinations regarding K.P.'s statements based only on the …
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… obtained repeated mortgage commitments and appraisals in support of closing on the property. Moreover, plaintiffs … right to recovery, a court of equity must make a further determination that has been said to be discretionary. [Id. at … obtained repeated mortgage commitments and appraisals in support of closing on the property. Moreover, plaintiffs …
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… of Rev., 194 N.J. 534, 551 (2008). We will not upset the determination of an administrative agency absent a showing … or unreasonable; that 7 A-2755-21 it lacked fair support in the evidence; or that it violated legislative … Castracane, however, offers no published authority in support of his claim that it is immaterial that he was not …
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… We disagree. Our review of an administrative agency determination is limited. Russo v. Bd. of Trs. Police & … capricious, or unreasonable, or that it lacks fair support in the record." Mount v. Bd. of Trs. Police & … by an agency's statutory interpretation or other legal determinations, which we review de novo. Mount, 233 N.J. at …
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… ("make decisions in terms of the educational welfare of children and . . . seek to develop and maintain public schools that meet the individual needs of all children regardless of their ability, race, creed, sex, or … gain or for the gain of friends"); and 12-24.1(i) ("support and protect school personnel in proper performance …