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… his Miranda[1] rights were violated, and he has three small children for whom he cares. Defendant provided no facts to support a colorable claim of innocence, demonstrated no flaw … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… defendant also filed, through PCR counsel, a brief in support of his petition. In the brief, he argued that his … hearing when he "has presented a prima facie [claim] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
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… the relevant questionnaire. Once completed, it did not support the claim. The only documentation defendant attached … on the basis that the State did not offer adequate proof to support the charges. Without much explanation, the judge …
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… Commissioner under N.J.S.A. 40:41A-145.2. 6 A-1511-20 In support of their position, plaintiffs largely relied upon … Here, however, we do not know which candidate had the support of the popular will of the voters. That is because … we discern no basis for disturbing Judge Marczyk's determination and we affirm for the reasons set forth in his …
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… In any event, plaintiff has not offered any evidence to support his cursory contention that extraordinary … but failed to do so. We are convinced that the record supports the judge's determination that plaintiff did not provide a reasonable …
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… still applies to "the assignment judge's sentencing determination under section 6.2 for a first-degree or … judge, has the statutory authority to make such a determination." (citing N.J.S.A. 2C:43-6.2)). He argues the … State contends otherwise. A fair reading of the transcript supports defendant's argument. After asking the prosecutor …
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… Commission in September 2017. Numerous administrative determinations about the Southern Reliability Link were … opposed the motion, arguing: the information provided to support the legal advice rendered to Gibbs and Tiver was … favor would necessarily require an inappropriate determination on the credibility of Gibbs's and Tiver's …
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… the court asked the assistant prosecutor if he had any support for his contention that the officer's description 6 … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … . . . alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… included video footage of plaintiff being interviewed. In support of his cross-motion, plaintiff certified that after … TO CONSIDER MEDICAL RECORDS AND OTHER EVIDENCE SUBMITTED IN SUPPORT OF THE MOTION FOR RECONSIDERATION. (Pb Point V). We …
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… responsibility for his crime, and charitable activities support his admission to PTI. According to defendant, these … (quoting Nwobu, 139 N.J. at 252). Here, the record fully supports the MCPO's denial of defendant's application based …
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… loss of a bodily function that is substantial."). In support of its CIA immunity argument, Kean relied on the … previously made in the Law Division, contending any determination of whether Kean was furthering its 2 The judge … Super. 325, 333 (App. Div. 2013)). "[A] trial court's determination of the applicability of charitable immunity is …
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… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … assignment of the note is void ab initio. The standing determination is similarly limited in scope. While 8 A-2630-20 … have offered vigorous and clearly stated arguments in support of their positions, and in opposition to one …
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… but physical stamina, to keep up with active young children. . . . it requires one to immediately be able to … to 7 A-0640-20 Giles's job duties and rejected the ALJ's determination Giles was permanently and totally disabled from … On appeal, she argues the Board's decision lacks fair support in the record, amounts to an abuse of discretion, …
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… that "[his] constitutional rights were violated." In a supporting counseled brief, 5 A-3110-20 defendant argued … would cause his ailing mother, fiancée, and three minor children. See State v. Hess, 207 N.J. 123, 154 (2011) … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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… and they had no duty to maintain the sidewalk.2 In support of their cross-motion, defendants attached a … commercial property." He argues "[t]here is no authority to support the proposition that liability is imposed on …
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… valid engineering principles, what project it was going to support and to do, and that there was no evidence of any … to find that [there] is an issue that is best left to the determination of the condemnation commissioners. A-2071-17T4 9 … the proper party for this matter." Being that the statute supports the judge's finding, we find no abuse of …
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… counsel meeting based upon the assessor’s conduct. In support of the motion, plaintiff argues: (1) that defendant … the defendant assessor’s concurrence and approval. In support of this, defendant points to past practice with the …
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… also contended plaintiff had not proffered any evidence to support his claim that a pothole on the property caused the … to do the work is not material to the summary judgment determination. Defendant was not responsible for controlling … of his accident and injuries. The summary judgment order is supported by the credible evidence in the record. Affirmed. …
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… We need not consider the discovery issues in light of our determination regarding the arbitration award. 3 A-0053-21 … an affidavit of services and appropriate documentation to support its request for counsel fees. Defendant was … declined to consider as they are moot in light of our determination regarding the arbitration award. Our review of …
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… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … set forth in Judge Ironson's opinion, which is amply supported by the record. In short, we discern no basis to …