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… that Daggett is not disqualified under RPC 1.8(k). In support of his argument, plaintiff submitted a certification … in criminal matters in Sussex County. A trial court's "determination of whether counsel should be disqualified is, as … See Supreme Court of N.J., Administrative 6 A-0113-18T2 Determinations in Response to the Report and Recommendation of …
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… standard of review. Our "review of a commitment determination is extremely narrow and should be modified only … We give the utmost deference to the reviewing judge's determination, as these judges are "specialists" in Sexually … 162 (1964)). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… 4 A-2243-18T4 Defendant submitted two certifications in support of his petition. In the first petition, dated April … Here, the PCR judge's analysis of the Slater factors are unsupported by the record and inconsistent with her finding … raised in defendant's PCR brief without evidential support, that defendant intended to contest liability but …
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… precedents, we conclude that there is ample evidence supporting the trial court's findings of fact and … 1, 2017 order denying Heir's motion for reconsideration. In support of his motion, Heir, in effect, reiterated the …
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… There was sufficient credible evidence in the record to support the PCR court's findings. Moreover, Johnson … the issues could have been raised. There is no evidence to support defendant's claims. 10 A-1955-17T2 Post-conviction …
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… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
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… moved for reconsideration. The judge reiterated his determination that Chapter 78's mandatory contributions were … 2011. Plaintiffs rely upon N.J.S.A. 40A:10-21.1(b)(3) to support this argument.3 The reliance is misplaced. Although … not exempt from Chapter 78's contribution requirements. To support their assertion of a breach of contract argument, …
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… he first had sought reemployment in that title. The HSCO supported appellant's request. The CSC approved appellant's … former positions retroactive to 2002. That contention is unsupported by the plain language of the statute. The statute … original sponsors of the amendment that would presumably support his interpretation, it should be noted that such a …
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… following facts are derived from the evidence presented in support of , in opposition to, and in reply to the motion … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … identified three factors courts should consider in that determination: (1) the temporal proximity between the illegal … removed solely because of the canine sniff, which was unsupported by reasonable, articulable suspicion. Moreover, we …
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… motion judge issued an oral decision, finding no factual support for plaintiff's punitive damages claim. The judge … viewed in a light most favorable to plaintiff does not support "the likelihood of serious and imminent harm, much …
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… 4:6-2. If a party presents matters outside the pleading to support a motion to dismiss for failure to state a claim, … when Walker submitted beyond-the-pleadings materials to support his dismissal motion. However, we shall not disturb …
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… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced Judge Falcetano's findings are fully supported by the record. When petitioning for PCR, a …
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… guilty as a second offender of DWI, based on its determination the State had proven beyond a reasonable doubt … the combination of the officers' testimony and the video supported the municipal court's findings. The judge imposed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… I. Although we typically defer to a trial court's factual determinations, "[d]iscretionary determinations, supported by the record, are examined to discern whether an …
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… finding that plaintiff had sufficiently pled facts to support substantive due process claims under the state- … AND SWORN AFFIDAVITS PROVIDED BY THE [COUNTY] IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT[.] We review a … plaintiff. Plaintiff's contentions to the contrary are unsupported. We conclude that the record lacks competent …
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… operation principle; 3. Structure and composition including supporting accessories; 4. Intended Uses and … public of potential risks and injuries. 10 A-4355-17T1 In support of the request for further discovery, Kline's …
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… omitted). Moreover, the nature of a probable cause determination "does not require the fine resolution of … even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt." J.M., 182 N.J. at …
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… for Drug Court on defendant's behalf. The record supports the court's determination defendant is legally ineligible for a Drug Court … established in the 2019 Manual are inapposite to our determination of defendant's PCR claim, however, because …
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… hearing, the State cited case law – in particular Witt – to support its position, and at no point before or after the … need not consider whether the judge's factual findings were supported by the record. See Rowe v. Mazel Thirty, LLC, 8 …