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- A-2152-18T2 Opinionnjcourts.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 …
- A-3232-18T1 Opinionnjcourts.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 …
- A-0692-18 Opinionnjcourts.gov… has failed to provide the pertinent parts of the record supporting his ineffective-assistance-of-counsel claim and, … arguments requested by the defendant that the record will support ," and, "[i]f defendant insists upon the assertion …
- A-2879-19 Opinionnjcourts.gov… in her affidavit. Her deposition testimony does not support the argument that the accident "occurred directly in … notice of the water . Moreover, well-settled law does not support a finding of constructive notice based on the …
- A-3020-18 Opinionnjcourts.gov… ineffective assistance of counsel (IAC). Instead, with the support of defendant's verification and separate … v. Robinson, 200 N.J. 1, 20 (2009)). Here, the specifics supporting defendant's IAC claims on appeal should have been …
- A-5201-18T2 Opinionnjcourts.gov… Authority (RT Authority) appeals from a final agency determination by the New Jersey Department of NOT FOR … arbitrary, capricious, or unreasonable in the DEP's determination, we affirm. I. The RT Authority, which is a … capricious, and unreasonable because it lacked factual support and ignored the unique nature of the WW Facility; …
- A-5662-18T2 Opinionnjcourts.gov… held only if a defendant presents "a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 … brief correspond to the notice of appeal which does not support this or his other factual contentions about trial … objection or filing a motion to withdraw his plea.4 His unsupported claims do not establish a prima facie case. Nor …
- A-4676-18 Opinionnjcourts.gov… of plaintiff's symptoms. The judge concluded the record supported the jury's verdict and found no juror misconduct. … by both sides after discussion and modification." Supporting his decision, he noted "it's not mandatory that … should have taken affirmative steps to make an objective determination of potential prejudice. The right to trial by a …
- A-3762-19 Opinionnjcourts.gov… appointed to represent defendant and submitted a brief in support of the petition. Counsel argued trial counsel … regard. 13 A-3762-19 Judge Escandon's findings are fully supported by the record. His legal analysis and conclusions …
- A-5118-18T1 Opinionnjcourts.gov… statute survives a substantive due process attack if it is "supported by a conceivable rational basis." Ibid. (citations … fits within this statute. Moreover, the pertinent facts supporting our conclusion were established when defendant …
- A-0030-19T1 Opinionnjcourts.gov… the following arguments: POINT I BECAUSE THE AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT WAS NOT BASED ON PROBABLE … 61 N.J. 83, 87 (1972)). Courts must base a probable cause determination on the totality of the circumstances. State v. … we give "substantial deference" to the trial court's determination. State v. Kasabucki, 52 N.J. 110, 117 (1968). …
- A-1151-18T2 Opinionnjcourts.gov… voting. She also found no evidence in the record to support plaintiffs' contention that the voting constituted … meetings. Put simply, plaintiffs provide no authority to support their argument that the vote for Item P.23 should …
- A-5482-18T4 Opinionnjcourts.gov… spouse. She asserted a claim based on the loss of Singh's support, society, services, and consortium. 3 A-5482-18T4 … R. 4:46-2(c). Here, the facts material to the coverage determination are not in dispute. The interpretation of an … that accompanied the enactment of N.J.S.A. 17:28-1(f) supports our conclusion that the statute was intended to …
- A-1716-19 Opinionnjcourts.gov… contention that there was insufficient evidence to support his conviction of attempted criminal trespass. The … was twice questioned by defense counsel on the record. In support of that argument, the State relies on the Supreme …
- A-0421-19 Opinionnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … doctrine' in this State because the record here does not support the asserted claim." 236 N.J. at 518. 9 A-0421-19 … and not 'ring[ing] true.'" We conclude the record supports Judge Ironson's credibility findings that there was …
- njcourts.gov… (weekly reporting) with "strict home detention," albeit not supported by electronic monitoring. The court ordered … released into the community. 11 A-2006-22 Given its well-supported finding that defendant poses a high risk to …
- A-1203-21 – CAROL L. BARON VS. LISA YOUNGBRODER, ET AL. (F-006485-20, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the final judgment. In defendants' certification filed in support of the motion, they sought relief to "allow [them] … relevant to Rule 4:50-1(a) and made "irrelevant" and "unsupported" factual findings. Plaintiff also asserts the … v. Little, 135 N.J. 274, 283 (1994)). A court's determination under Rule 4:50-1 "warrants substantial …
- njcourts.gov… an evidentiary hearing was not required. In reaching the determination, we stated: As the PCR court determined, the record does not support defendant's claim that his attorney did not properly … referred to our 2017 unpublished opinion to support his determination that trial counsel made "sure that [defendant] …
- A-1065-19 – STATE OF NEW JERSEY VS. MELVIN PERALTA (16-01-0036, SOMERSET COUNTY AND STATEWIDE) Opinionnjcourts.gov… he was instructed to report to Ralph Street to provide support to the case agent, Det. Senel. His understanding was … prior to the seizure of evidence, and the arrest was unsupported by probable cause. II. In reviewing a motion to … 175 N.J. 502, 511 (2003)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
- A-2400-16T3 Opinionnjcourts.gov… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …