njcourts.gov
… 4:6-2. If a party presents matters outside the pleading to support a motion to dismiss for failure to state a claim, … when Walker submitted beyond-the-pleadings materials to support his dismissal motion. However, we shall not disturb …
njcourts.gov
… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced Judge Falcetano's findings are fully supported by the record. When petitioning for PCR, a …
njcourts.gov
… precedents, we conclude that there is ample evidence supporting the trial court's findings of fact and … 1, 2017 order denying Heir's motion for reconsideration. In support of his motion, Heir, in effect, reiterated the …
njcourts.gov
… when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
njcourts.gov
… Wilhelm's testimony and all the materials relied on in support of the position that Wilhelm engaged in fraud. I. … Wilhelm administratively appealed the Division's determinations. Initially her appeals were dismissed as … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue." Utley v. 7 …
njcourts.gov
… he first had sought reemployment in that title. The HSCO supported appellant's request. The CSC approved appellant's … former positions retroactive to 2002. That contention is unsupported by the plain language of the statute. The statute … original sponsors of the amendment that would presumably support his interpretation, it should be noted that such a …
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… the motion judge correctly assumed there was evidence to support plaintiff's assertion that Robinson was unfamiliar … analysis does not require consideration of the judge's determination that the rental agreement is a contract of … assertion on which the ruling was based was the judge's determination that the agreement's scope of intended …
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… Defendant cites to an unpublished case of this court to support his contentions. Under Rule 1:36-3, the unpublished … of gamesmanship established under the discovery rules and supporting case law. See Montague, 55 N.J. at 397 …
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… or subsequent application for [PCR]. [R. 3:22-4(b)(2).] To support defendant's PCR claim, he points to this court's … would have accepted them. Nor is there sufficient evidence supporting defendant's bald assertion that there is a …
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… Farm knew he relocated to New Jersey in December 2017. In support of this argument, plaintiff noted State Farm sent … for both economic and noneconomic injuries." Second, it supports the statutory "policy of cost containment by …
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… convictions. II. Appellate courts review sentencing determinations deferentially. State v. Fuentes, 217 N.J. 57, … imposing such sentence including . . . the factual basis supporting a finding of particular aggravating or mitigating … court to provide statement on record of "factual basis supporting its findings of particular aggravating or …
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… incorrect meter constant." The Board accepted the ALJ's determination that the "any other legitimate reason" clause in … II. Our review of an agency's final administrative determination is limited. In re Carter, 191 N.J. 474, 482 … capricious or unreasonable, or that it lacked fair support in the evidence." Ibid. (quoting Campbell v. Dep't 7 …
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… whether the record contains sufficient credible evidence to support the judge's findings. State v. Lamb, 218 N.J. 300, … there exists sufficient credible evidence in the record to support the judge's findings, which we will not disturb. As …
njcourts.gov
… defendant filed a motion to withdraw his plea. In his supporting certification, defendant alleged he "steadfastly … it noted "[t]he pronouncements made by this Court clearly support that the exemption applies to possessing weapons …
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… it is "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … Prison, 81 N.J. 571, 579-80 (1980)). When making that determination, we consider: (1) whether the agency's action … bound by the agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Carter, 191 …
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… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
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… (Board). The June 6, 2019 resolution affirmed a determination of the Fair Haven zoning officer that a proposed … an appeal to the Board challenging the zoning officer's determination that the proposed restaurant is a Category Two … interpretation of the zoning ordinance was reasonable and supported by the record. The judge noted that the Board's …
njcourts.gov
… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … where he would have rejected the plea offer. The record supports Judge Donohue's findings in this regard. We also … sentencing claim was "not an appropriate issue for determination on a petition for PCR." Any such claim of …
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… a short letter brief with no certification or exhibits in support of his position. Plaintiff does not dispute that … II. We give no deference to a trial court's legal determinations when no issue of fact exists. Templo Fuente De … N.J. Const., Art. VI, sec. 2, par. 3, . . . ."). We see no support for plaintiff's argument that the Court intended …
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… I. The parties were married on May 28, 1995, and had two children who are now adults. During the marriage, the … share of the net proceeds, which she would apply to their children's graduate-school expenses. The MSA also provided: … all such accounts." Plaintiff moved for reconsideration. In support of that motion, plaintiff certified her "access to …