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njcourts.gov
… required the jury to find different elements; and were all supported by independent evidence in the record. The issue … the record 8 A-4012-23 supported the sentencing court's determination that the "shooting was a separate and distinct … assault did not merge with the robbery. Ibid. That determination thus establishes the issue of merger and …
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njcourts.gov
… later argued that the withheld discovery would have supported a passion provocation defense. Following oral … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary 5 A-1305-23 … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
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njcourts.gov
… deposition conducted near Plaintiffs' residences. In support of their motion for a protective order, Plaintiffs argue that they have provided doctor's notes supporting the assertion that Plaintiffs are not physically … to conduct their depositions. Id. In opposition and in support of their cross-motion to compel depositions, …
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njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … which to reject the Board's decision adopting the ALJ's determination Grace did not prove he is totally and …
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njcourts.gov
… his testimony or the testimony of unnamed others would have supported a passion provocation defense." Judge Samuel J. … it is hard to see how that anger—even if repeatedly shown—supports defendant's arguments that the verdict should be … we afford deference to a PCR court's factual findings when "supported by sufficient credible evidence in the record." …
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njcourts.gov
… Royal administratively appealed the Board panel's determination. He also filed a supplemental appeal asserting a … 199 N.J. 1, 9 (2009)). "Our review of the Parole Board's determination[s] is deferential in light of its expertise in … the decision was arbitrary or unreasonable, lacked credible support in the record, or violated legislative policies." …
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njcourts.gov
… his claims, including the proof he intended to rely upon to support his claim of ownership of the property, by the newly … contract claim against Frezghi. Plaintiff's arguments lack support in the record. The trial court properly granted West … to overcome his burden at the summary judgment phase is not supported by law. Bald assertions that are conclusive and …
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njcourts.gov
… regulation. Our judicial review of quasi-judicial agency determinations is limited. Allstars Auto Grp., Inc. v. N.J. … Vehicle Comm'n., 234 N.J. 150, 157 (2018). "An agency's determination on the merits 'will be sustained unless there 7 … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs. of the …
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njcourts.gov
… On appeal, plaintiff advances the following arguments in support of its claim the judge erred in granting summary … raised this issue. 9 A-3581-22 We agree with the judge's determination defendant did not breach the covenant of good … of "merchandise" under the CFA, we agree with the judge's determination that plaintiff's amended complaint5 and …
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njcourts.gov
… of the record demonstrates the judge's award of fees is supported by sufficient credible evidence, but we remand for … 4:42-9(b). The parties were married in 2010 and had two children. On June 24, 2021, plaintiff filed a domestic … 08 (App. Div. 2007). "We will disturb a trial court's determination on counsel fees only on the 'rarest occasion,' …
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njcourts.gov
… judge reviewed the correspondence provided by defendant in support of his petition and found they contained "accurate … the correspondence revealed counsel believed they were not supported by the evidence. Thus, the judge found defendant's … hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
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njcourts.gov
… or unreasonably if its findings of fact . . . are not supported by the record, or if it usurps power reserved to … the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … (quoting Ward v. Scott, 16 N.J. 16, 23 (1954)). However, determinations of questions of law in land use matters are …
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njcourts.gov
… entity from ACH. AHS provides management and back office support to various AristaCare entities throughout 3 … complaint. Defendants filed separate Preliminary Objections supported by affidavits, arguing they lacked sufficient … who was a member of both ACH and AHS, whose affidavits supported all defendants' Preliminary Objections up to that …
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njcourts.gov
… that the court reporter, videographer, interpreter, or tech support request to participate remotely to reduce the number … either party may present the matter to the Court for determination. 3. Golkow shall provide an additional service employee for purposes of IT support, troubleshooting, etc., unless the parties otherwise …
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njcourts.gov
… evidence of the victim's proximity to the vehicle to support a carjacking conviction under subsection (2)(a), … HIM INTO ACCEPTING A GUILTY PLEA WHEN THE FACTS DID NOT SUPPORT A CONVICTION FOR CARJACKING. II. Under Rule … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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njcourts.gov
… "[b]are conclusions in the pleadings, without factual support in tendered affidavits, will not defeat a … court impermissibly acted as the trier of fact lacks legal support. Sellers did not represent there were never any … collapsed). Further, if plaintiff's case requires the support of expert testimony, the failure to adduce it will …
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njcourts.gov
… that the court reporter, videographer, interpreter, or tech support can participate remotely to reduce the number of … either party may present the matter to the Court for determination. 3. Golkow shall provide an additional service employee for purposes of IT support, troubleshooting, etc., unless the parties otherwise …
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njcourts.gov
… By contrast, PFRS argues substantial, credible evidence supports the Board's conclusion because Duck's shoulder … administrative agency action is limited"). "An agency's determination on the 5 A-0219-21 merits 'will be sustained … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of … an erratic manner, nearly causing an accident. The record supports the officer's testimony the occupants' conduct, and …
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njcourts.gov
… with two additions. G.M. lives there with his spouse, three children, and father, who is defendant's grandfather. The … 154 N.J. 394, 413 (1998). "We defer to the credibility determinations made by the trial court because the trial judge … present on the property, there is sufficient evidence to support a finding that the communication with G.M. was …