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… N.J. 295, 303-04 (2012). "'[A]ppellate review of legal determinations is plenary.'" Id. at 304 (quoting State v. … drug or alcohol addiction made by a qualified expert in support of his motion. He also failed to 7 A-5646-14T4 … filed pursuant to [Rule 3:21-10(b)] shall be accompanied by supporting affidavits and such other documents and papers as …
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… and other challenges to the Board's approval, which determinations plaintiff now appeals. We affirm, substantially … the church to use the parking lot as a "staging" area where children attending the daycare center could be dropped off … required; Grana failed to present the proofs necessary to support the required variance relief; the church property …
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… derive the following facts from the evidence submitted in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … and remanded the case for a more-detailed factual determination of the use of the property and the nature of the …
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… fellow inmate Vincent Heredia. Defendant and Heredia were childhood friends and it was alleged defendant picked up … such a verdict, a reviewing court must respect a jury's determination." State v. Afanador, 134 N.J. 162, 178 (1993). … aggravating and mitigating factors conflict and not supported by the record. As long as the sentence is based on …
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… to PCR that cannot be resolved based on the existing record supported by "specific facts 8 A-2007-16T4 and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … eight years later on September 16, 2015. The record amply supports Judge Blaney's conclusion that defendant has not …
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… that he committed "a" predicate offense was not adequate to support his convictions under both N.J.S.A. 2C:39-7(a) … an unjust result" about this. See R. 2:10-2. The record supports that defendant agreed to the stipulation that he … We see no error in the application of this stipulation to support defendant's conviction under both statutes. Indeed, …
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… PCR petition if he or she establishes a prima facie case in support of the petition. R. 3:22-10(b). To establish a claim … 42, 58-59 (1987). Defendant has presented no evidence in support of his contention that his trial counsel ignored his … has simply presented bald assertions, without factual support. Such unsupported assertions do not establish a …
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… On appeal, Thomas argues: 1) the Board's findings are not supported by substantial credible evidence; and 2) the Board … from a final agency decision is deferential. An agency determination should not be reversed "unless it is arbitrary, … and hear the testifying witnesses to render credibility determinations. State v. Locurto, 157 N.J. 463, 471 (1999). …
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… we agree the judge didn't provide adequate findings to support the counsel-fee award, and we remand only for that … media, except for text or e-mail for the welfare of the children only." 3 A-3135-16T4 Thereafter – according to … standards, we have no cause to intervene in the judge's determination that Carol was credible, that Clifford was not, …
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… (Board) decisions dismissing her appeal. A June 14, 2016 determination found that she was ineligible for unemployment … inability to fully understand the June 14, 2016 determination sent to her, based on her limited English … 95 N.J. 235, 245 (1984). "If substantial credible evidence supports an agency's conclusion, a court may not substitute …
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… hoodie. Based on his nineteen years of experience and his determination that the driver of the Pontiac fit the … not disturb the trial court's decision so long as it is "supported by sufficient credible evidence" and not "so … the anonymous tip, and therefore, it was insufficient to support a warrantless stop of his car. The United States and …
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… evidence – derived from a motor vehicle stop – to support a NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … motion to suppress, arguing: (1) the circumstances did not support employment of the community caretaker exception; and … supra, 296 N.J. Super. at 572. This function "finds support in the premise that abnormal operation of a motor …
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… capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trustees, Police & … by an agency's statutory interpretation or other legal determinations. Ibid. N.J.S.A. 43:15A-43 governs accidental … retirement benefits. Here, the ALJ made credibility determinations after listening to the competing and …
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… Lastly, the judge observed: [R]egardless of the ultimate determination as to the legality of the [Terry1] stop, the New … that offense, not during the course of the investigative determination. Therefore, the weapon was lawfully recovered. … namely the handgun." The judge issued a written opinion in support of her decision to grant the motion for …
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… it's not a violation. The photographs don't seem to support that. The [photographic] evidence . . . admitted . . … there is sufficient credible evidence in the record to support it. State v. Johnson, 42 N.J. 146, 162 (1964). … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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… used for cars. 3 A-0034-21 In John Ketner's certification supporting defendants' motion, he stated the man-door was … light was installed. Plaintiff presented a certification in support of her cross-motion. She stated all of the … findings will be binding on appeal so long as they are supported by "adequate, substantial, credible evidence." …
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… point does not carry the day. No case or rule is cited in support of the proposition. A judge has an obligation to … prepared the case, failed to submit a legal argument to support [plaintiff's] . . . claim and misrepresented the … In other words, specific expert testimony was not needed to support the allegation that the attorney did not work on …
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… Insurance Co., Inc., 79 N.J. 257 (1979) (DiOrio II), support his argument. Plaintiff argues the judge instead … the father could use the vehicle, the Court found ample support that the company-owned car was furnished to the … 1972), we rejected the motion judge's summary judgment determination that the plaintiff bus driver was not furnished …
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… did not provide any documentation to Judge Wigler to support his assertion that he was mistaken about his … entered into is entitled to deference so long as that determination is supported by sufficient credible evidence in the record. …
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… the DOC's Institutional Classification Committee's (ICC) determination of his objective classification score (OCS) … must not be arbitrary, capricious or unreasonable, or unsupported by credible evidence in the record. Henry v. … 192 N.J. 19, 27–28 (2007)). Our review of agency determinations "is guided by three major inquiries: (1) …