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njcourts.gov
… could not reasonably have discovered, the factual predicate supporting his claim of ineffective assistance of first PCR …
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njcourts.gov
… unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … except upon the basis of a carefully reasoned and factually supported (and articulated) determination . . . that the continued viability of the …
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njcourts.gov
… . . . the words written in" the affidavit she submitted in support of defendant's PCR petition. The judge also …
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njcourts.gov
… of daily living. Plaintiff argues the video was relevant to support her claim for future medical costs and the pain, …
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njcourts.gov
… arbitrary, capricious, and unreasonable, in addition to unsupported by the evidence in the record. We affirm. The … of the violations. The Board concurred with the panel's determination that DeFilipo had "seriously violated his … imposition of a thirteen-month FET. Our review of parole determinations is limited to whether the Board acted …
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njcourts.gov
… relies on N.J.S.A. 46:3-17 to -17.5 (the Tenancy Act), to support his position that the creditor of one spouse cannot … to Margaret so as to avoid turnover. We review the legal determinations of the trial court de novo. "[A] trial court's …
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njcourts.gov
… FAIRNESS TO ALL PARTIES, AND THE INTERESTS OF JUSTICE TO SUPPORT ITS DECISION TO STAY SOME, BUT NOT ALL OF THE …
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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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njcourts.gov
… dismiss the amended complaint and set forth legal arguments supporting his contention that the amended complaint stated …
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njcourts.gov
… argument is that Wilcox's certification was inadequate to support summary judgment, and plaintiff should have been …
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njcourts.gov
… of John Briseno certainly provided an adequate basis to support the entry of the motion for summary judgment and the …
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njcourts.gov
… and further muttered other inaudible words that did not support a factual finding consistent with defendant's …
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njcourts.gov
… it is arbitrary, capricious or unreasonable[,] or not supported by substantial credible evidence in the record." … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting … to S. 2519 1 (Sept. 22, 2020). The Legislature's determination that certain individuals would be awarded PHE …
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njcourts.gov
… noting "the judge's credibility findings were sufficiently supported in the record to be afforded substantial … defendant filed a second PCR petition and moved for a determination of good cause for the assignment of counsel. In … claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
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njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious …
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njcourts.gov
… We disagree with both these arguments because they are not supported by the record. "Interpretation and construction of …
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njcourts.gov
… 1, 2023, the court entered an order denying the motion supported by a written opinion. The court found defendant …
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njcourts.gov
… was not needed. The governing law and record do not support either of those arguments, therefore, we reject …
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njcourts.gov
… file a timely certification, courts make a discretionary determination "to choose a response that is proportionate to … its minimal requirement of a treating doctor certification support the conclusions reached by 9 A-0393-23 the motion …
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njcourts.gov
… 40:55D-49(a), on which appellants rely so heavily, does not support the far-reaching exception for which they argue. …