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… defer to its factual findings when those findings are "supported by adequate, substantial and credible evidence." … (quoting R. 3:22-10(b)). The petitioner's claims "must be supported by 'specific facts and evidence supporting [the] allegations.'" Ibid. (citation omitted). …
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… retained counsel who filed a supplemental brief in support of the petition. Defendant argued trial counsel was … 1, 2022, entered an order denying defendant's petition supported by a written decision. The court found defendant … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… acknowledged that defendant "did have a very difficult childhood" and he "lost [his] parents at a young age and in … defendant they represent to present "mitigating evidence in support of a lesser sentence" and failure to honor that … mitigating factors. Defendant further contends that because support for this argument is dependent on evidence outside …
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… Frost, Jr., and Justin M. Ginter, on the brief). Fox Rothschild LLP, attorneys for respondent Carl Oxholm, III (R. … and Counselman, there were no suspicious circumstances to support a finding of his undue influence on her decision to … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. See Camden 8 …
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… capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & … (2) whether there was substantial evidence in the record to support the agency's decision; and (3) whether in applying … sufficient evidence in the record to support the CRC's determination. Additionally, because the CRC's decision was …
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… his role as the Township's and the Department's attorney in support of a motion to dismiss several counts of a complaint … The Complaint Failed To Provide The Essential/Proper Facts Supporting The Arrest For Disorderly Conduct And Thus Failed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… arguing "[t]he [ALJ] made adequate and reasonable factual determinations based on the record before it." Dadura posited … capricious[,] or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative … the notion that "past misconduct can be a factor in the determination of the appropriate penalty for present …
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… to a physical altercation in the presence of their three children. Both witnesses testified the other was the … hit them, which allowed him to escape to another room. To support this testimony defendant offered two exhibits: a … and lack of photos of the injury did not weigh into his determination of her credibility. The judge mentioned his …
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… whatever medical reports and other evidence submitted in support of and in opposition to the motion, that the … injury or condition. Therefore, plaintiff was required to support her claim with a so-called Polk analysis in which a … reports. Thus, she failed to produce the required medical support for her 11 A-3828-22 aggravation claim. The court's …
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… entitled to summary judgment because the inferences of fact support imposing a duty of care on Graybar. We reject that … 135 N.J. 182, 194 (1994)). "Foreseeability requires a determination of whether the defendant was reasonably able to … none of the factors for imposing a duty of care support imposing a duty on Graybar for plaintiff's injuries. …
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… N.J. Super. 357, 367 (App. Div. 2012)). We disturb fee determinations "only on the rarest of occasions, and then only … or state civil rights statute, law, rule, or other basis to support a claim for counsel fees. Even plaintiff's discovery … of Mine Hill, 244 N.J. Super. 298, 299 (App. Div. 1990), in support of her entitlement to attorney's fees. However, that …
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… placing defendant at the scene of the shooting and to support the jury finding defendant was guilty of the weapons … presented by the State. Sufficient evidence exists which supports the jury finding [defendant] guilty of the weapons … the first Strickland prong. The record supports that determination. We 11 A-3715-22 are also satisfied that …
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… defendant's lack of knowledge of the law does not serve to support excusable neglect. See State v. Murray, 162 N.J. … was untimely and that he failed to demonstrate facts supporting "excusable neglect" and "entitle[ment] to … defendant has failed to assert reliable material facts supporting that plea counsel's performance prejudiced his …
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… WITHOUT AN EVIDENTIARY HEARING. The factual and legal determinations made by a PCR court are reviewed de novo when … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … is required to make more than a bald assertion and a unsupported reference to grand jury testimony to establish …
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… sentencing hearing. However, this contention lacks factual support in the record because the attorney obviously raised … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … in the record. The record also fully supports the judge's determination that the attorney effectively represented …
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… "the [Board] was unable to complete its eligibility determination and the denial was appropriate." The final … On appeal, A.R. contends that DMAHS's decision was not supported by credible evidence because the Board never asked … delay resulted from one of the following: . . . . (2) A determination to afford the applicant, whose proof of …
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… order upholding defendant's convictions. We affirmed that determination in State v. Chen, No. A-2710-11 (App. Div. Aug. … would have been different given the overwhelming evidence supporting the conviction." As to appellate counsel, citing … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… the State's motion was untimely; the decision lacked support of sufficient credible evidence in the record; and … (allocating burden and standard of proof). The court's determination that defendant poses a threat to the public … unearthed would have materially affected her credibility determinations, and resulting fact-findings. To the extent not …
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… to Supervise School officials have a duty to supervise the children in their care. See e.g., Jerkins ex rel. Jerkins v. … Our Supreme Court has explained that two considerations support this heightened standard: "the promotion of vigorous … [her]." Indeed, the record contains no facts that would support a finding that Martin acted intentionally to injure …
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… with the victim's daughter and "had fathered two young children" with her. Id. at 4. The victim's relationship with … the victim attacked him with [a] tray table." Id. at 5. To support his PCR petition, defendant asserted, among other … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …