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njcourts.gov
… I will consider the identification in my final determination of innocence or guilt. On February 14, 2013, the … petition if the defendant presents a prima facie case in support of PCR, the court determines there are material … we discern no abuse of discretion here. There is ample support in the record for the trial court's conclusion that …
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njcourts.gov
… defendant's arguments as to the sufficiency of the evidence supporting defendant's conviction for second-degree witness … that defendant and the victim were of different races to support a claim of cross- racial misidentification, and no …
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njcourts.gov
… in situations where the plaintiff is required to join or support the political party in power or suffers retaliation for supporting a losing candidate or for failing to engage in …
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njcourts.gov
… During arbitration, each party provided expert testimony to support its view of the billing dispute. The DRP found NJM … there's no differentiation at all." The DRP's decision "was supported substantially by the factual information given to … III. Finally, plaintiff argues we should remand for a determination of counsel fees. Attorney's fees are allowable …
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njcourts.gov
… the hearing, the court found the evidentiary record did not support a charge on self-defense and barred defendant from … pursuant to State v. Sugar, 84 N.J. 1 (1980). Defendant supported that last claim with a certification from his … video was played at [his second] sentencing in front of children without warning." Judge Flynn denied the petition …
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njcourts.gov
… preclude AAA from trying its case and . . . asking for a determination at the end of the trial or at the end of … slept on its rights to create an equitable defense to support applying laches. II Before us, Saundra argues the … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank v. Providence …
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njcourts.gov
… the threshold permitted in 2020 on the day they raced, supporting their motion with a copy of the lab report of the … they stipulated to the credibility of the lab results to support their motion to dismiss the charges. Because the lab …
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njcourts.gov
… plaintiff could not establish the necessary elements to support the claim, particularly the existence of a special … should have conducted a Lopez3 hearing before making the determination.4 We review the trial court's decision on a … N.J. 545, 555 (2000). We discern no error in the court's determination that the discovery rule was inapplicable here. …
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njcourts.gov
… of someone who was thought to be brain-dead to cut off life support, like a respirator.” Karen Ann Quinlan was the first … nation that raised issues regarding the removal of life- support. The problem was that whoever unplugged her …
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njcourts.gov
… the Survivorship Act, N.J.S.A. 2A:15-3. Plaintiff initially supported this action with an Affidavit of Merit ("AOM") … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … 181 N.J. 354, 365 (2004) (explaining that a 11 A-2405-21 determination as to whether dismissal is appropriate requires …
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njcourts.gov
… of the resident credit. Following a hearing and final determination from the Director, the Tax Court affirmed the … protest, and the Director issued another final determination affirming the 2017 deficiency notice. … as they had in opposition to summary judgment, did not support their positions with legal authority, and merely …
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njcourts.gov
… Employees' Retirement System (PERS). The Board upheld a determination by the Division of Pensions and Benefits … 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 …
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njcourts.gov
… 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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njcourts.gov
… 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 …
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njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… 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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njcourts.gov
… policies, and the sergeant's direction not to "touch it" supported the defense's argument that the handgun belonged … had suffered any prejudice. Those findings are all amply supported by evidence at the PCR hearing. Moreover, the …
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njcourts.gov
… favor." When "accepting as true all the evidence which supports the position of the party defending against the … Sav. Bank, 219 N.J. 496, 511 (2014). A trial court's determination of whether an FRO should be granted is governed … Plaintiff asserts he presented sufficient evidence to support the predicate acts of stalking and harassment and …
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njcourts.gov
… there is sufficient credible evidence in the record to support the Law Division judge's findings." Powers, 448 N.J. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … judge or the municipal court with respect to legal determinations. State v. Handy, 206 N.J. 39, 45 (2011). In …
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njcourts.gov
… DEVELOPED. "The scope of appellate review of a commitment determination is extremely narrow and should be modified only … "[A]n appellate court should not modify a trial court's determination either to commit or release an individual unless … We are convinced sufficient credible evidence in the record supports the court's determination that discharge with …