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… that "[his] constitutional rights were violated." In a supporting counseled brief, 5 A-3110-20 defendant argued … would cause his ailing mother, fiancée, and three minor children. See State v. Hess, 207 N.J. 123, 154 (2011) … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … assignment of the note is void ab initio. The standing determination is similarly limited in scope. While 8 A-2630-20 … have offered vigorous and clearly stated arguments in support of their positions, and in opposition to one …
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… but physical stamina, to keep up with active young children. . . . it requires one to immediately be able to … to 7 A-0640-20 Giles's job duties and rejected the ALJ's determination Giles was permanently and totally disabled from … On appeal, she argues the Board's decision lacks fair support in the record, amounts to an abuse of discretion, …
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… penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with conditions. Haley … guaranteed by the federal and state constitutions." To support her argument, Haley argues her driver's license "is …
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… any meaningful findings of fact or conclusions of law in support of the order, we are constrained to reverse and … the motion judge reiterated that he "ha[d] already made a determination that the arbitration agreement is clear and that … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
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… The findings by a trial judge are "binding on appeal when supported by adequate, substantial and credible evidence." … into evidence. We find no error because evidentiary determinations are a matter of the trial judge's discretion … Div. 2015)). Moreover, K.J. does not raise the evidential determination as a reason for reversal. This leaves the …
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… only if the defendant makes a prima facie showing in support of the requested relief, Preciose, 129 N.J. at 462. … defendant did not produce an affidavit or certification to support his claim that counsel gave ineffective advice in …
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… analysis on unreported income, expenses claimed without supporting documentation, personal loans taken by Patel, … the testimony presented, and articulated his findings in support of the award. Having reviewed the extensive record, …
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… he requested relief by way of a judicial furlough. To support his application, defendant supplied his medical … The judge's assessment in this regard is overwhelmingly supported by the record. Affirmed. … STATE OF NEW JERSEY VS. …
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… that plaintiffs' expert "offers no factual or scientific support for his conclusions as to the age of the nail . . . … (App. Div. 2002). "[L]ike any question of fact, the determination of palpable unreasonableness is subject to a … , we are satisfied that the grant of summary judgment is supported by the record. We, therefore, affirm the May 7, …
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… advice as to the impact defendant's United States born children would have on the likelihood of deportation and if … testimony," we defer to the "court's findings that are supported by sufficient credible evidence in the record." … testified to the contrary, we defer to the PCR judge's determination that plea counsel's testimony was credible and …
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… highlights claims made in his certifications submitted in support of his PCR petition: "he was not provided with … A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, …
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… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … to dismiss the complaint as unripe and premature is supported by the plain language of N.J.S.A. 47:1A-6 because, …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … with the destruction of the testimony recording in support of the search warrant. And, we do note that …
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… Commissioner under N.J.S.A. 40:41A-145.2. 6 A-1511-20 In support of their position, plaintiffs largely relied upon … Here, however, we do not know which candidate had the support of the popular will of the voters. That is because … we discern no basis for disturbing Judge Marczyk's determination and we affirm for the reasons set forth in his …
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… In any event, plaintiff has not offered any evidence to support his cursory contention that extraordinary … but failed to do so. We are convinced that the record supports the judge's determination that plaintiff did not provide a reasonable …
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… If there are materially disputed facts that could support the legal requirements for liability, the motion for … 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). With this in mind, we conclude the trial …
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… loss of a bodily function that is substantial."). In support of its CIA immunity argument, Kean relied on the … previously made in the Law Division, contending any determination of whether Kean was furthering its 2 The judge … Super. 325, 333 (App. Div. 2013)). "[A] trial court's determination of the applicability of charitable immunity is …
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… the relevant questionnaire. Once completed, it did not support the claim. The only documentation defendant attached … on the basis that the State did not offer adequate proof to support the charges. Without much explanation, the judge …
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… included video footage of plaintiff being interviewed. In support of his cross-motion, plaintiff certified that after … TO CONSIDER MEDICAL RECORDS AND OTHER EVIDENCE SUBMITTED IN SUPPORT OF THE MOTION FOR RECONSIDERATION. (Pb Point V). We …