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njcourts.gov
… DWI defendant need not have actual knowledge of the facts supporting the contentions that underlie his discovery … that the destruction of evidence is overcome by the determination that Officer Henriquez's "credible" testimony … his assertion that the bottles were unopened, lending support to defendant's testimony that he had not been …
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njcourts.gov
… PCR, alleging ineffective assistance of counsel (IAC). In a supporting certification, defendant asserted he was "misled" … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." … we are satisfied Judge Ravin's factual findings are amply supported by the record, and his legal conclusion that …
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njcourts.gov
… includes a printout of the location history, which supports the certification. CitiMortgage then maintained … attorney subsequently tendered a certification and supporting documentation purporting to show that defendants …
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njcourts.gov
… doubt about his responsibility for the murder. In support of his argument, defendant relies on an uncertified … his 2013 petition. 8 A-4460-17T2 offered no evidence to support his claim he was unable to uncover the victim's …
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njcourts.gov
… or substantive grounds, finding the record "adequately support[ed]" defendant possessed the drugs and guns … his request for an evidentiary hearing. The record amply supports the PCR judge's findings and conclusions. Defendant …
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njcourts.gov
… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant presents a … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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njcourts.gov
… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… attention to defendant's argument that the 3 In the papers supporting his motion, defendant generally argued the … Mancini, supra, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … under Rule 4:50-1(a). The court's denial of the motion was supported by the evidence and its entry of the July 24, 2015 …
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njcourts.gov
… of E.M., but also of an independent witness, both of which supported the jury's guilty verdict. As to defendant's claim … defendant did not set forth a prima facie case in support of his PCR petition. This appeal followed. On … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… affirm. Detective John Gartner submitted two affidavits in support of applications for search warrants for defendant's … of that information 'is an essential part of the determination of probable cause.'" Ibid. (quoting State v. … (2012). We review legal issues de novo. Ibid. The record supports the judge's findings. Spagnuolo testified Messer …
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njcourts.gov
… 242 N.J. Super. 392, 401 (Ch. Div. 1990). 9 A-5578-15T3 In support of his argument that the judge failed to view the … the parties' exchange of post-mediation documents does not support Berman's contention that the parties agreed to the …
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njcourts.gov
… it was filed eight years after defendant's conviction. In support of that ruling, the judge found that defendant … failed to appeal the judgment of conviction. Id. at 31. In support of that contention, defendant filed a certification … this last point, we emphasize that we are making no determination concerning the merits of any potential appeal. …
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njcourts.gov
… Just like you don't give a F___ about me or my family, my children, grandchildren, nobody. I don't give a F___ about … if it is arbitrary, capricious or unreasonable[,]" or unsupported "by substantial credible evidence in the record as … tribunal is . . . in no way bound by the agency's . . . determination of a strictly legal issue." Mayflower Sec. Co. …
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njcourts.gov
… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
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njcourts.gov
… that allows an applicant for Aid to Families with Dependent Children (AFDC-Medicaid) to obtain an extension of the … another request for a hearing concerning the March 2017 determination. In DMAHS's final decision of November 19, 2018, … to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
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njcourts.gov
… the spring term. The Tribunal affirmed the Deputy's determination, finding as follows. Claimant has worked for … court would come to the same conclusion if the original determination was its to make, but rather whether the … (citation omitted). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are …
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njcourts.gov
… 201, 214 (App. Div. 1995), we reversed the trial court's determination that expert testimony was unnecessary. We … claims. We recognize that an AOM is not required to support a breach of contract claim that does not implicate a … defendants breached that standard, an AOM was needed to support plaintiffs' claims. D. Finally, we reject …
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njcourts.gov
… noted that defendant failed to provide specific facts to support his ineffective counsel claim. With regard to … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … the judge's ruling. We are satisfied that the record amply supports the judge's factual and credibility findings. The …
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njcourts.gov
… elements of comparison”). Market evidence must support any element of comparison that causes “value … cannot “arbitrarily assign a value to the property not supported in the record.” Ibid. (citation and quotation …