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… once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate … obtain an undue advantage." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 336 (App. … our decisional law, plaintiffs' material misrepresentations support recission of the policy. First Am. Title Ins. Co., …
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… an N.J.R.E. 104 hearing was required before making such a determination. 3 Pub. Serv. Elec. & Gas Co. v. Oldwick Farms, … presented an insufficient factual and scientific basis to support Tsakiris' theory that the seawall construction … applies in the appellate review of a trial court's determination to admit or deny scientific expert testimony on …
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… applications to other similarly situated taxpayers. In support of this, the Taxpayer’s attorney filed a … as well as address critical housing needs, both of which support important statewide objectives. The statute is … principles applicable to exemption/abatement determinations. Because they represent a departure from the …
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… (2013). A PCR court's findings will be upheld if they are supported by sufficient credible evidence in the record. … at the evidentiary hearing as well as the newspaper article support this conclusion. Even if defendant was confused … with the juror. We discern no error in the judge's determination. Finally, we reject defendant's argument the …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid. See also R. 3:22-10(b); … from a DNA expert attesting to opinions that could support a prima facie claim of a Sixth Amendment violation. …
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… Law Division affirmed the municipal court's suppression determinations on de novo review and this appeal followed. We … was upset when he arrived and noted that the parties' young children were present. As soon as Thompson entered the home, … to the factual findings of the trial court if they are supported by sufficient evidence in the record. State v. …
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… Plaintiff points to various facts in the record to support its argument that a jury could find that the parties … responsible financially for the project lacks sufficient support in the record. The assertion is also inconsistent … matters unless the court has abused its discretion or its determination is based on a mistaken 17 A-5098-17T1 …
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… found that the record was "more than sufficient to support the ALJ's recommendation" that respondent's and … bound by [an] agency's interpretation of a statute or its determination of a strictly legal issue.'" Allstars Auto Grp., … 150, 158 (2018) (alteration in original) (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 …
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… are asserted for the first time on appeal, even if they support such purported facts by citation to deposition … facts are not disputed, but they argue those facts do not support the court's determination that 10 A-0883-18T3 defendants are entitled to …
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… right to testify at the first trial, the record does not support his claim that he was unaware of his right to … or must be condemned as misconduct is often a difficult determination to make. In every instance, the performance must … asserts "[n]o evidence had been submitted in the trial to support that comment, the prosecutor posed no questions to …
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… compensation's decision was an "extraordinarily brazen, unsupportable misuse of authority," while SJC contends the … disability and that surgery was necessary. The WCBNY's determination identified the employer as Stop & Shop and … workplace injuries ." Id. at 340. In order to make the determination, a court of compensation must apply six bases: …
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… Shanahan correctly found there was insufficient evidence to support the conclusion that defendant would have been … with regard to the prosecution of defendant's charges. In support of this argument, defendant cites certain New York … of his New York sentence. Therefore, the record does not support defendant's contention that New Jersey had primary …
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… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … "constituted reversible error." Id. at 598. 11 A-0580-19 To support their position that reversal is mandated, plaintiffs … on the limited record provided on appeal. R. 2:10-2. To support our conclusion, we rely on the absence of any …
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… testimony from several law enforcement witnesses "to support the defense that the handgun and other evidence were … to assert his right [to a speedy trial,]" and defendant's unsupported "claim of prejudice." 3 Co-defendant Green was … to produce any certification, expert or otherwise, to support his contention that a defense expert could have …
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… issues of ineffective assistance. PCR counsel's brief in support of the PCR petition argued that trial counsel … with the court. Defendant contended Fox's affidavit in support of the search 2 Franks v. Delaware, 438 U.S. 154 … of the alleged falsity when he signed his affidavit in support of the search warrant. The PCR court concluded that …
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… waived when the party failed to include any arguments supporting the contention in its brief). 9 A-5661-18 the … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … The latter interpretation of the officer's transmission is supported by his subsequent 16 A-5661-18 statement that …
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… N.J.S.A. 2C:43-7, on a first degree crime. To support the motion, the State relied on defendant's 2006 … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." … abuse of discretion standard 11 A-2823-19 the PCR court's determination to proceed without an evidentiary hearing."); …
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… petition for PCR. Assigned PCR counsel thereafter filed a supporting brief.3 We next briefly summarize the relevant … only when he or she "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant 9 A-4298-18 must … Porter, the defendant's girlfriend submitted an affidavit supporting his claim that she was with him at the time the …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … what constitutes custody for purposes of Miranda. The determination of whether a person was in custody is an …
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… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … juvenile offenders cannot proceed as though they were not children." Id. at 445 (quoting Miller, 567 U.S. at 474) … the Miller factors at that time "to take into account how children are different, and how those differences counsel …