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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
… 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
… Plaintiff points to various facts in the record to support its argument that a jury could find that the parties … responsible financially for the project lacks sufficient support in the record. The assertion is also inconsistent … matters unless the court has abused its discretion or its determination is based on a mistaken 17 A-5098-17T1 …
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njcourts.gov
… found that the record was "more than sufficient to support the ALJ's recommendation" that respondent's and … bound by [an] agency's interpretation of a statute or its determination of a strictly legal issue.'" Allstars Auto Grp., … 150, 158 (2018) (alteration in original) (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 …
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njcourts.gov
… (2013). A PCR court's findings will be upheld if they are supported by sufficient credible evidence in the record. … at the evidentiary hearing as well as the newspaper article support this conclusion. Even if defendant was confused … with the juror. We discern no error in the judge's determination. Finally, we reject defendant's argument the …
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njcourts.gov
… inference from spoliation. None of these arguments are supported by the record. 14 A-4790-15T2 Spoliation involves … The court found that plaintiff never developed evidence supporting the spoliation claim and, therefore, there was no … and correct and the rulings concerning spoliation were supported by the law and the material facts. Affirmed. … …
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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
… any suggestion the officer's statement of recognition supported an inference by jurors defendant had been involved … was improper speculation by the prosecutor to advance an unsupported theory that body parts had been refrigerated). In … would have aided our review, we are able to affirm the determination as the record contains 17 A-1399-15T3 sufficient …
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njcourts.gov
… are asserted for the first time on appeal, even if they support such purported facts by citation to deposition … facts are not disputed, but they argue those facts do not support the court's determination that 10 A-0883-18T3 defendants are entitled to …
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njcourts.gov
… to the Supreme Court. 8 A-0099-17T4 In his certification in support of PCR, defendant stated he was interviewed by his … conduct an evidentiary hearing, we review the PCR judge's determinations de novo. State v. Jackson, 454 N.J. Super. 284, … Preciose, 129 N.J. at 462. We review the PCR court's determination to proceed without an evidentiary hearing for …
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njcourts.gov
… but shared an office address. In his sworn affidavit in support of his petition, defendant alleged "there was a … to conduct an adequate investigation as lacking in factual support . Finding that defendant had failed to set forth a … 9 A-3592-16T1 must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
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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
… 22, 2017, plaintiffs filed a motion for reconsideration. In support of that motion, plaintiffs submitted two affidavits … require an affidavit of merit. Id. at 341. To make that determination, our Supreme Court has explained: There are … was in question). Accordingly, if on remand there is a determination that Edgar was acting under the direction and …
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njcourts.gov
… to partial takings and has no impact on the issue for determination. 8 Further, it is procedurally improper for … already owned by the State. There is no legal authority to support an amendment of the declaration of taking under the … marks omitted). The fact that the Court’s ultimate determination is that the condemnation action constitutes a …
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njcourts.gov
… that "the sentencing factors identified by the judge [were] supported by the evidence," the sentences were "in accord … because it is fundamentally unjust. That argument is not supported by the record. The same judge presided over … because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Hannah, 248 …
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njcourts.gov
… of discovery, U.S. Fire moved for summary judgment. In support of its motion, U.S. Fire relied on the deposition … the question 13 A-1918-22 referred to rented vans is not supportable. The question specifically asked whether Machane … is entitled to rescission based on equitable fraud is amply supported by clear and convincing evidence in the record. …
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njcourts.gov
… 75,81 (2002). If the record contains sufficient evidence to support the municipal board's determination, we will defer to the Board's decision. Kramer … Girt, 45 N.J. 268, 296 (1965). Further, a board's factual determinations are presumptively valid. Dunbar Homes, Inc. v. …
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njcourts.gov
… 363, 382- 83 (2011). The plain error standard requires a determination of: "(1) whether there was error; and (2) … the witness' testimony or determining a fact in issue. In support of his argument, defendant refers to three instances … "to prove or disprove any fact of consequence to the determination of the action," and "the test for relevance is …