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… only upon the establishment of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… any findings of (1) a predicate act of domestic violence to support the entry of an FRO; and (2) whether plaintiff … of domestic violence. Id. at 126. "Although this second determination . . . is most often perfunctory and self- 11 … the PDVA. However, she asserts this court can make the determination that she satisfied the act of harassment from …
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… (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls … Authority's reasons for the rejection on this basis were supported by the evidence in the record. We decline any …
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… an illegal sentence that is the subject of this appeal. In support, defendant argued he was entitled to resentencing … at separate times and places, "and then used this determination" to apply the Yarbough factors and "impose … under Comer to evaluate the impact of "[a]dverse childhood experiences . . . and other childhood traumas" on …
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… that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant[,] … of law, however, are reviewed de novo and "[t]he legal determinations of the Family Part . . . are not entitled to … buttressed by his credibility assessments, support the determination that M.G. 11 A-1249-23 lacked "the essential …
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… issue also noted, [m]oreover[,] there was ample evidence to support the defendant's convictions. Further, the court … claims if a defendant has presented a prima facie claim in support of" PCR. Preciose, 129 N.J. at 459. "[C]ourts should … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… that the copy of the March 1, 2023 amendment submitted in support of Sunnova's motion does not contain an arbitration … appeal followed. Plaintiffs argue: (1) the record does not support the trial court's finding plaintiffs assented to … Because these disputed issues of fact are germane to the determination of whether plaintiffs assented to the …
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… 2022, plaintiff moved to extend discovery. In her brief in support of the motion, plaintiff argued "defendant has … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … summary judgment was subject to the presiding judge's determination regarding reopening discovery. Plaintiff's …
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… judge issued an order finding defendant guilty. In a supporting written decision, the judge rejected defendant's … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." Id. at 148 (omission in … "However, where issues on appeal turn on purely legal determinations, our review is plenary," Monaco, 444 N.J. …
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… judgment. Our review of the record and the applicable law support Franchini's arguments. As to the parties' … violation against a particular party does not preclude a determination that the party nevertheless was subject to" and … 96 N.J. 538, 544 (1984))). B. Breach of Duty Given our determination that March Associates owed Franchini a duty of …
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… dismissal and restore the matter to the trial calendar. In support of the motion, plaintiffs submitted certifications … Defendants submitted an affidavit from their attorney in support of the motion and argued that plaintiffs had … principles. Little, 135 N.J. at 283. The trial court's determination is entitled to substantial deference and will …
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… stupor and then transported her along with their two children to the hospital where she was treated and recovered … agreement called for a maximum sentence of nine years. In support, defense counsel told the judge that he had spoken … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… the right potential issues." The judge found no evidence to support defendant's claim he was coerced into entering the … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assistance of counsel." Ibid. He must provide facts to support his allegations. Ibid. This is because there is a …
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… High Sch. Dist., 241 N.J. 31, 40 (2020). "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 & … stating: Here, we find the record presented does not support a conclusion that lieutenants have authority to …
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… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … the defense was not precluded from presenting evidence to support self-defense. Indeed, [defendant] testified as to … of events." Judge Deitch concluded the facts did not support a self-defense charge, reasoning: PCR counsel relies …
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… the totality of the circumstances, the facts . . . support[ed] a finding of reasonable and articulable … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … activity, we 13 A-3808-21 cannot make an independent determination of whether that conclusion was reasonable." …
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… where society draws the line for many purposes between childhood and adulthood.'" 249 N.J. 581, 600 n.10 (2022) … defendant argues his application was not time-barred. To support his argument before the motion judge, defendant … her coat, and escaped in the Gray Acura. These facts would support a first-degree robbery charge regardless of whether …
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… variances). In addition, key factual findings are without support in the record. Specifically, the court found as fact … by subdivision in 1936." Neither of those findings has support in the record. Ebury's position before the Board and … variance and by reversing a variance decision that was supported by sufficient evidence in the record. We agree. …
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… not per se irrelevant to reliability and probable cause determinations and therefore, the court should have first … if anything[,] was recovered." Defendant's motion was supported by a report authored by an expert in canine … only where "the court has abused its discretion, or its determination is based on a mistaken understanding of the …
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… such a verdict, a reviewing court must respect a jury's determination." Ibid. Here, the evidence adduced at trial was … we do not, we are satisfied defendant's conviction was supported by the evidence. The jury, 7 A-1542-22 reviewing … sentencing decision because the evidence supports his determination that no mitigating factors applied. On this …