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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … a defendant must produce "specific facts and evidence supporting his allegations"); State v. Cummings, 321 N.J. … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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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 …
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njcourts.gov
… 4 A-2243-18T4 Defendant submitted two certifications in support of his petition. In the first petition, dated April … Here, the PCR judge's analysis of the Slater factors are unsupported by the record and inconsistent with her finding … raised in defendant's PCR brief without evidential support, that defendant intended to contest liability but …
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njcourts.gov
… any claim arising out of the agreement. Blade's motion was supported by two copies of the contract, which was a form … "De novo review applies when appellate courts review determinations about the enforceability of contracts, … Blade offered no certification from its representative in support of the motion, relying only on the two versions of …
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njcourts.gov
… of Court require—and cannot do so informally in a brief supporting a motion for reconsideration; the judge failed to … dismiss a complaint for failure to state a claim in a brief supporting its motion for reconsideration of a restoration … This is meant to ensure "that the court makes its own determination of the matter." Ibid. (citations and internal …
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njcourts.gov
… be 'remand[ed] . . . for an evidentiary hearing and a determination of defendant's claim.'" Merely raising a claim … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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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 …
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njcourts.gov
… hearing, the State cited case law – in particular Witt – to support its position, and at no point before or after the … need not consider whether the judge's factual findings were supported by the record. See Rowe v. Mazel Thirty, LLC, 8 …
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njcourts.gov
… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … delay damages. However, the complaint and the record do not support Lessner's argument that the surety agreed to …
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njcourts.gov
… those facts in defendant's statement having sufficient support in the record. See R. 4:46- 2(b). As the essential … submitted its snow removal protocol for the Fords plant in support of its motion. The policy details responsibilities …
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njcourts.gov
… for Drug Court on defendant's behalf. The record supports the court's determination defendant is legally ineligible for a Drug Court … established in the 2019 Manual are inapposite to our determination of defendant's PCR claim, however, because …
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njcourts.gov
… operation principle; 3. Structure and composition including supporting accessories; 4. Intended Uses and … public of potential risks and injuries. 10 A-4355-17T1 In support of the request for further discovery, Kline's …
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njcourts.gov
… MITIGATION OF DAMAGES TO THE FACTS SURROUNDING RESPONDENT'S SUPPORT OF RECEIVER'S AND THEIR JOINT ATTORNEYS' FAILURE AND … Bernardin) did not make sufficient findings of fact to support his decision as to the amount of the monthly …
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njcourts.gov
… standard of review. Our "review of a commitment determination is extremely narrow and should be modified only … We give the utmost deference to the reviewing judge's determination, as these judges are "specialists" in Sexually … 162 (1964)). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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njcourts.gov
… mailed a Notice of Assessment Related to Final Audit Determination ("assessment") via certified mail, return … fund taxes. On July 29, 2013, the Division issued a final determination confirming the finding of responsible person … produced by the Division of Taxation was sufficient to support their claim that the [p]laintiffs had been properly …
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njcourts.gov
… concluded that plaintiffs did "not provide[] any proof to support [their contention that] the occurrence was not the … that "the proofs weighed in . . . plaintiffs' favor [and] support a finding that . . . defendant is liable under the …
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njcourts.gov
… I. Although we typically defer to a trial court's factual determinations, "[d]iscretionary determinations, supported by the record, are examined to discern whether an …
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njcourts.gov
… guilty as a second offender of DWI, based on its determination the State had proven beyond a reasonable doubt … the combination of the officers' testimony and the video supported the municipal court's findings. The judge imposed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… recommendation. The Director agreed with ALJ Bogan's determination that J.F. failed to provide the information … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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njcourts.gov
… judge properly utilized the Henderson1 framework in her determination to suppress, we affirm. We summarize the facts … so long as sufficient credible evidence in the record supports those findings." State v. Gonzales, 227 N.J. 77, … identify the shooter. The credible evidence in the record supports the judge's conclusion that showing Nieves the gas …