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… arguments in turn. II. We review the PCR court's determination to proceed without an evidentiary hearing for … when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… EVIDENCE SHOULD BE REVERSED; THE INVESTIGATORY STOP WAS SUPPORTED BY REASONABLE SUSPICION. 1. [THE MOTION COURT]'S … at 474. We must defer to those findings so long as they are supported by sufficient credible evidence in the record. … by the State's argument that the court's credibility determinations and findings of fact lack sufficient support in …
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… sister were granted status under the Deferred Action for Childhood Arrivals (DACA), an immigration program announced … unauthorized aliens who entered the United States as children to apply for a two-year forbearance of removal, … 466 U.S. at 687. Bare assertions are “insufficient to support a prima facie case of ineffectiveness.” State v. …
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… to commit armed robbery is extensive. The facts that support the armed robbery . . . simply do not fit the charge … State's evidence "was strong and the convictions are well supported." The judge rejected the arguments related to … and assessed for reasonableness, including their determination to perform a limited investigation. State v. …
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… by compelling them to produce irrelevant documents. In support of this argument, defendants assert that the … financial burden on them. Four amici have filed briefs in support of defendants' positions: Lawyers for Civil Justice, … to prove or disprove any fact of consequence to the determination of the action." 14 A-2031-23 "[D]iscovery is not …
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… and data" generated by DRL and submitted to the FDA in support of Mezzion's NDA for udenafil. Mezzion claims it was … or reference any information in DRL's udenafil drug file in support of the NDA unless the information was publicly … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; Payton v. N.J. …
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… "fail[ed] to reveal objective findings that would support any subjective complaints of discomfort." 7 … respondeat superior and negligent retention/supervision. In support of these claims, plaintiff contended the City was … record contained genuine and material questions of fact supporting the legal conclusion his claims were not subject …
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… filed a motion to be relieved as defendant's counsel. In support of that motion, Santiago certified that in late … lawyers." State v. Rue, 175 N.J. 1, 14 (2002). A court's determination of whether an attorney has a conflict of … of the policies embodied in the RPCs 17 A-0291-23 support a rule where individual, personal conflicts of …
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… Plaintiffs did not supply the required documentation to support its claim for business income loss. 10 A-2938-21 1. … AmGUARD, plaintiffs contend the court erred in its determination that the damages were caused by a water backup, … that are unconscionable. The unconscionability determination requires evaluation of both procedure and …
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… The court appointed a Special Master to assist in making determinations regarding affordable housing. K&S attempted to … underlying facts forming the basis of the [c]ourt's prior determination and grant of a durational adjustment pursuant to … for the objection to the fourth position ranking are not supported by testimony, evidence or COAH rule, there may be …
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… based on Holtec's answer in the negative to Item 8. The determination of an ambiguity in a contract is a question of … Lobby, Inc., 477 U.S. 242, 252 (1986)). The record amply supports Judge Lougy's findings. We reiterate and emphasize … from other states as a matter of policy. Judge Lougy's well-supported finding that NJEDA never asked for anything more …
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… insurance, and that her home was constructed in 1990. In support of those allegations, State Farm submitted Pokhan's … (instructing "a trial court confronted with an evidence determination precedent to ruling on a summary judgment motion … on all of its policies if it was not essential to its determinations of whether to insure or how much to charge in …
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… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … to the error—no matter how inescapable the findings to support that verdict might be. Viewing the record as a … of McCausland was a significant factor in the jury's determination of guilt. As such we cannot announce it was …
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… the defendants to conduct research and make subjective determinations in order to comply. I. We glean the salient … identify a particular government record(s) sought." To support its denial, defendants cited to MAG Ent., LLC v. … under OPRA. Plaintiff filed a notice of appeal. II. Determinations "about the applicability of OPRA and its …
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… right to a speedy trial and there is no precedent to support a consideration of the statute of limitations in the … to a speedy trial, such failure will weigh against a determination that the right has been violated. See May, 362 … his failure to assert the right weighed "against any determination that the right was violated"). Defendants did …
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… of issuing a single opinion, are from three final agency determinations by the Government Records Council (GRC) dated … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … W. Milford, 410 N.J. Super. 371, 379 (App Div. 2009). "[D]eterminations about the applicability of OPRA and its …
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… 2014 harmless and reject any suggestion that his testimony supported an inference by jurors that defendant had been … The Court specifically held "that where a timely, properly supported midtrial motion to poll the jury concerning … to himself or his dependents," because defendant had three children and a fiancé who relied on him and would suffer …
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… underlying its decision, "so long as those findings are supported by sufficient credible evidence in the record." … 192 N.J. 224, 243 (2007)). We defer to the credibility determinations of the trial court, particularly its review of competing factual testimony, because these factual determinations "are substantially influenced by [the trial …
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… 2018. The court stated that following submission of further supporting and opposing papers, the case would be scheduled … arbitrary or there is a lack of substantial evidence to support them." Glenpointe Assocs. 241 N.J. Super. at 46 … and dismissed the tax appeal complaint. The record fully supports these findings and conclusions. We discern no error …
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… consciousness. Compton's family removed him from life support, and he died. After Compton was taken to the … 18 A-1627-18T4 D. The Sentence We review sentencing determinations under a deferential standard. State v. Grate, … the sentencing record, we find no error in the court's determinations of the aggravating and mitigating factors …