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njcourts.gov
… the night of the shooting. There was no physical evidence supporting a robbery. No other witnesses offered testimony … when (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines there are disputed … main witness, Potts, and suggesting unfavorable facts not supported by the evidence. An evidentiary hearing is …
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njcourts.gov
… that case, Vitale carelessly drove his car and struck two children who died from their injuries. Vitale, 447 U.S. at … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary manslaughter without proving the facts supporting the motor vehicle offense of which Vitale was …
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njcourts.gov
… from judgment under Rule 4:50(f). In her certification in support of the motion, defendant stated, "[o]n [December 18, … R. 4:50-1 (2021). "On appellate review, the trial judge's determination 'will be left undisturbed unless it represents a … reasons expressed by the Supervising Judge, which are well supported by the evidence and legal precedent. We add the …
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njcourts.gov
… we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … are persuaded defendant produced insufficient evidence to support his arguments that purported conflicts of interest …
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njcourts.gov
… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the … actions to pursue her claim, and the record does not support such a claim in any event. In sum, we are satisfied …
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njcourts.gov
… counsel filed a letter brief and appendix with the court in support of defendant's petition. PCR counsel argued that the … to seek a finding on mitigating factor four. The record supports the judge's findings. At sentencing, the judge … found mitigating factor four. The evidence would not have supported a finding that "[t]here were substantial grounds …
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njcourts.gov
… received written notification of OCCO's July 29, 2016 determination until March 20, 2017, when her counsel made a … and March 29, 2017 for a fair hearing to challenge OCCO's determination that H.T. was clinically ineligible for the … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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njcourts.gov
… Prison (NJSP), appeals from the September 28, 2016 final determination of the Department of Corrections (DOC) … decision is arbitrary, capricious, or unreasonable, or unsupported by substantial credible evidence in the record as … to support the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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njcourts.gov
… of the trial judge's equitable distribution determinations in the June 8, 2017 Final Judgment of Divorce … We affirm. The parties married in 1980. Both of their children are emancipated. During their marriage, the parties … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on …
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njcourts.gov
… Id. at 11. Therefore, we reversed the court's determination and remanded for further proceedings. Id. at 12. … filed a cross-motion to file a second amended complaint. In support of that motion, which was not accompanied by a draft … materially greater interest than the chosen state in the determination of the particular issue and which . . . would be …
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njcourts.gov
… claims if a defendant presents a prima facie claim in support of post-conviction relief. Preciose, 129 N.J. at … on appeal does he identify any evidence in the trial record supporting the justification of self- defense under N.J.S.A. … A-2008-16T1 swinging the board again. There is no evidence supporting an actual , honest, reasonable belief by …
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njcourts.gov
… to a trial notice attached to defendants' counsel's supporting certification, the court had sent notices to all … in opposition to defendants' motion . . . and in support of cross motion to reopen and extend" discovery or … discovery was not completed we're told it was a strategic determination. Counsel clearly was not diligent . . . in …
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njcourts.gov
… industry, does not encompass the cost of benefits, further supporting its proposed interpretation of the CNA. The … interpretation." Ibid. The record contains ample grounds supporting the arbitrator's interpretation of the CNA. No … enrolled in Medicare Part B. In addition, there is no support in the CNA for Local 300's position that a parity in …
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njcourts.gov
… A-4784-15T4 D. [MATCHAPONIX AND NCV] PROVIDE NO EVIDENTIARY SUPPORT OF WHAT THEIR EXPECTATIONS WERE. E. THE SUBSIDENCE … 419 (2008). We review de novo the trial court's legal determinations, including its construction of an insurance … Despite our finding as to the issue of ambiguity, our determination as to whether the exclusionary language should …
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njcourts.gov
… Miranda waiver and "consider whether those findings are 'supported by sufficient credible evidence in the record.'" … while he read defendant the warnings. The record does not support a finding that defendant's will was overborne. … overlap between the factors that govern a court's determination of whether a Miranda waiver is valid and the …
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njcourts.gov
… the facts upon which plaintiff and its experts relied in support of its claim for damages were unreliable or … nature of the damages and the lack of concrete data to support the claimed damages." The court noted plaintiff … 520, 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as …
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njcourts.gov
… April 20, 2018 2 A-1064-16T1 E.W. appeals from a final determination of the School Employees' Benefits Commission … of [E.W.'s] receipt of Horizon's final adverse benefit determination." In a letter dated July 27, 2015, the … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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njcourts.gov
… had no medical expert and that he needed such an expert to support causation between the alleged negligence in allowing … may offer testimony from his or her treating physician to support a claim for negligence. Our Supreme Court has held … for him to go to the hospital. The hospital records support plaintiff's contention that he had at least a knee …
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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … would entail an excessive hardship on defendant's children. N.J.S.A. 2C:44- 1(b)(11). "The sentencing court is … that imprisonment would impose an excessive hardship on her children because her husband had abandoned them and fled the …
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njcourts.gov
… and allowed his substantive claims to be heard. In support of its position, plaintiff relied primarily on our … N.J. Super. 453 (App. Div. 2001), and argued, as he had in support of his motion to reinstate the complaint, that he … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …