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… the petition itself must allege the facts relied upon to support that claim. State v. Mitchell, 126 N.J. 565, 576 … hearing where he establishes a prima facie case in support of PCR. See R. 3:22-10(b). Viewing the facts in the …
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… at 2:41 p.m., 2:44 p.m., 3:30 p.m., and 4:29 p.m. In support of their motion, defendants filed a certification … [c]ourt is satisfied with the certifications submitted in support of the contention that the method by which an e-mail … of the validity of an arbitration agreement and the legal determinations made by the trial court is de novo. Morgan v. …
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… In his petition, defendant alleged the following supporting facts: I was driving my sister's car and was … 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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… deference on appeal, and are not overturned if they are supported by adequate, substantial and credible evidence." … for the underlying obligation." The court's reasoning was supported by Reilly's testimony, in which he confirmed he …
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… his medical problems with Dr. Stefanik. The record supports this finding and we discern no basis to disturb it. … of his claim. 14 A-2357-19 We conclude that the record supports Judge Hyland's findings that plaintiff's cause of …
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… defendant did not display his police badge, call for police support, or render aid to Smith. Instead, defendant told … to trial judges when evaluating their evidentiary determinations, State v. Cole, 229 N.J. 430, 449 (2017), which … was accidental. Defendant further challenges the judge's determination that Olimpio was not qualified to testify …
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… had not provided any medical documentation or expert support for such a claim. B. The State presented the … proper analysis under N.J.R.E. 609(b).5 Thus, he could not support the theory argued by his counsel that his behavior …
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… classification, nor is that information relevant to our determination. 3 A-0447-23 appointment to the rank of … CNA, and it is the public's interest for it [to] make a determination based on a complete record. The Commission … or unreasonable, or that it lacked 8 A-0447-23 fair support in the evidence, or that it violated legislative …
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… anyone who is affected by it. The victim wrote an email in support of defendant's character: I was not hurt nor damaged … and the "compelling need to prosecute offenders who target children" would have precluded him from admission to PTI.3 … 556, 561 (App. Div. 2010). Adhering to the original determination, this court once again remanded the case. Id. at …
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… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … v. Fox & Lazo Realtors, 132 N.J. 426, 439 (1993)). The determination of such a duty is generally considered "a matter … the . . . feature causing the fall," recognizing that the determination "depend[s] on the context and facts in the given …
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… Board of Directors. The Board of Directors shall make a determination on its desired approach and WMG will carry out … agreements with third party vendors. . . . . . . . 3.7 Support to Association's Counsel. When requested by the … court in our review of appeals from summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
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… INC., and BEAUVAIS CARPETS, INC., Plaintiffs, v. ROTHSCHILD REALTY I, L.P., and UNIVERSAL CARPET DESIGN, INC., Defendant, and ROTHSCHILD REALTY I, L.P., Defendant/Third Party … correctly interpreted the law.'" DepoLink Ct. Rep. & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … not 12 A-4148-19 engage in a strained construction to support the imposition of liability." Longobardi v. Chubb …
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… 576 (2015). We "uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … claims if a defendant has presented a prima facie claim in support of post-conviction relief"). Affirmed. … STATE OF …
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… the court's finding of aggravating factor four was supported by the record and was not impermissible double … requested by the State. Therefore, the record does not support defendant's contention that the invasion of privacy …
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… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … seized evidence). We next consider defendant's arguments in support of a remand for resentencing. We agree this matter …
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… due process. The court's findings regarding the denial are supported by the record. We discern no abuse of discretion. … by the prosecutor. The State further argues that the record supports the forfeiture of Huften's firearms because his …
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… favor could determine the existence of facts that would support the determination that Cardinal Estates breached a duty of care … N.J. at 238. "[G]eneral negligence principles govern the determination of whether a legal duty should be imposed on a …
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… and found the Board did not violate the Agreement. In support of her determination, the arbitrator relied, in part on Bd. of Educ. … claim that the decision in Matter of County of Atlantic supported the notion that salary increments could be …
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… No. A- 6934-03 (App. Div. May 12, 2005). The evidence would support a finding that on April 28, 2002, defendant drove … to the sound discretion of the trial court, and its determination will not be reversed on appeal unless there has … That strategic posture undermines its truthfulness and supports the motion court's conclusion that the affidavit …