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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or under-valuation … reasonable minds might accept the evidence as adequate to support the jury verdict." Kulbacki v. Sobchinsky, 38 N.J. … Dolson, 55 N.J. at 7; R. 2:10-1. We must make our own determination as to whether there was a miscarriage of …
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njcourts.gov
… under N.J.S.A. 18A:30-1. The standard governing agency determinations for a summary decision under N.J.A.C. 1:1- 12.5 … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Richardson, 192 … from the contagious disease themself. The Board attempts to support its claim the "on account of a contagious disease" …
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njcourts.gov
… does not apply retroactively to final administrative determinations adjudicated by the GRC. The subsequent Supreme … VI, §5, ¶4. Judicial review of quasi- judicial agency determination is limited. Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann,192 N.J.19, 27-28 …
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njcourts.gov
… collectively gave him $8,000. Fuqua produced no evidence supporting this allegation, arguing that the State's delay … meaningfully prejudiced as a result of the State's delays supports the trial court's order reinstating the complaint. … of the warrants. He offers no 16 A-1253-20 evidence supporting this assertion. According to hearsay evidence …
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njcourts.gov
… application. The Board affirmed the Division's determination and denied petitioner's request. In addition to … petitioner's request. Petitioner appealed the Board's determination and requested an administrative hearing. She … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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njcourts.gov
… breach of contract and tortious interference claims were unsupported by the record. As noted, the court granted … failed to identify a genuine issue of material fact to support any claim of a "breach or related contractual … and $500,000, respectively, we agree with the court's determination this error did not change the fact defendant …
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njcourts.gov
… also heard 6 A-1178-16T1 testimony from defendant, his children, and his neighbor. The court found that defendant … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … the Municipal Court's findings of fact. The State supported Ordonez's testimony with seventy-nine photographs …
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njcourts.gov
… purpose to provide access to government records, and supporting caselaw. As we reviewed the facts in our prior … N.J. Super. 278 (App. Div. 2013) (reversing trial court's determination that association was not a public agency and … that appellate courts will disturb a trial court's fee determinations "in the rarest occasions, and then only because …
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njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … On October 18, 2012, plaintiffs and their two adult children, Diana Pace (Diana) and Anthony Pace, Jr. (Pace … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… Concurrent Resolution No. 73 (1982), was submitted in support of defendant's motion to dismiss the complaint. The … limited its consideration of defendant's motion to a determination of whether there was a New Jersey statute … plaintiff for federal benefits. Therefore, the court's determination that a statute was required to extend the …
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njcourts.gov
… the evidence, viewed most favorably to the defendant, would support that justification, we focus on 'the evidence that … Viewed most favorably to the defendant, the evidence supported a finding that the officers used unnecessary and … for resisting arrest where the facts reasonably could support that defense constitutes plain error. Simms, supra, …
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njcourts.gov
… v. Bilek, 308 N.J. Super. 1 (App. Div. 1998), does not support defendant's argument. In that case, the defendant … in an apartment setting." Ibid. Bilek thus provides no support for the conclusion that the landing on the second … in State v. Bonano, 59 N.J. 515 (1971), also does not support defendant's argument. There, the Court considered …