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… that allows an applicant for Aid to Families with Dependent Children (AFDC-Medicaid) to obtain an extension of the … another request for a hearing concerning the March 2017 determination. In DMAHS's final decision of November 19, 2018, … to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
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… or substantive grounds, finding the record "adequately support[ed]" defendant possessed the drugs and guns … his request for an evidentiary hearing. The record amply supports the PCR judge's findings and conclusions. Defendant …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant presents a … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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… spouse. She asserted a claim based on the loss of Singh's support, society, services, and consortium. 3 A-5482-18T4 … R. 4:46-2(c). Here, the facts material to the coverage determination are not in dispute. The interpretation of an … that accompanied the enactment of N.J.S.A. 17:28-1(f) supports our conclusion that the statute was intended to …
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… PCR, alleging ineffective assistance of counsel (IAC). In a supporting certification, defendant asserted he was "misled" … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." … we are satisfied Judge Ravin's factual findings are amply supported by the record, and his legal conclusion that …
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… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
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… appointed to represent defendant and submitted a brief in support of the petition. Counsel argued trial counsel … regard. 13 A-3762-19 Judge Escandon's findings are fully supported by the record. His legal analysis and conclusions …
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… ineffective assistance of counsel (IAC). Instead, with the support of defendant's verification and separate … v. Robinson, 200 N.J. 1, 20 (2009)). Here, the specifics supporting defendant's IAC claims on appeal should have been …
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… owners for damages caused to the common elements; that determination is inconsistent with the nature of the … elements. That investigation led to Berman & Wright's determination that water was seeping into the building and … of the [b]uildings." The section of the master deed that supports the motion judge's determination that the windows …
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… substantive. If it is but one step in the ladder to final determination and can effectively aid a court function, it is … Moreover, ABC presented no legally competent evidence to support its claim 4 ABC's counsel indicated at oral argument … to be applied prospectively only. The caselaw ABC cites in support of this position, however, relates to substantive …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … (App. Div. 1999). However, we review the trial court's determinations on legal issues de novo. In re Pantano, 428 … proof of fraud against" BANA. The record supports that determination. Defendant has not provided any evidence or …
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… knew Newmones because he was the father of her sister's children. Lamb testified that she gave Newmones two … findings based on live testimony so long as they are supported by "sufficient credible evidence in the record." … law and fact, [this court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… and discuss options such as trial." To 7 A-2766-19 support his amended petition, defendant certified although … barred, defendant failed to make a prima facie showing in support of his ineffective assistance of counsel claim. …
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… years after defendant's 2001 conviction, and there was no support for defendant's contention the Court's 2003 decision … PCR claim is premised on a factual assertion that finds no support in the competent evidence. Defendant argues his …
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… the following arguments: POINT I BECAUSE THE AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT WAS NOT BASED ON PROBABLE … 61 N.J. 83, 87 (1972)). Courts must base a probable cause determination on the totality of the circumstances. State v. … we give "substantial deference" to the trial court's determination. State v. Kasabucki, 52 N.J. 110, 117 (1968). …
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… contention that there was insufficient evidence to support his conviction of attempted criminal trespass. The … was twice questioned by defense counsel on the record. In support of that argument, the State relies on the Supreme …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … doctrine' in this State because the record here does not support the asserted claim." 236 N.J. at 518. 9 A-0421-19 … and not 'ring[ing] true.'" We conclude the record supports Judge Ironson's credibility findings that there was …
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… a temporary restraining order (TRO) against N.B. To support the emergent relief, L.B. reported [N.B.] and her … The trial judge's factual findings and credibility determinations are well supported by the substantial credible … substantial and credible evidence for the trial court's determination. C. N.B. asserts the trial court erred when it …
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… is "reasonably debatable if it is 'justifiable' or 'fully supportable in the record.'" PBA, Loc. No. 11, 205 N.J. at … hourly wages to those employees who work on the holidays, supports our conclusion the arbitrator's award was not …
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… provision is ambiguous. The language of the clause supports two distinct but reasonable interpretations: DPS … their plain and ordinary meaning. These contentions are not supported by the record. We review a trial judge's decision …