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njcourts.gov
… only when he or she "has presented a prima facie [case] in support of [PCR,]" meaning that "the defendant must … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Ibid. (quoting Mitchell, supra, 126 …
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njcourts.gov
… a probationary sentence, should be imposed. He left that determination to the sentencing judge. 3 A-1921-15T1 The … each case, as well as the sentencing court's findings, only supported imposition of a prison sentence of not less than … defendant. Instead, the assignment judge left that determination to the sentencing judge. The sentencing judge …
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njcourts.gov
… basis in law 12 A-3377-14T2 or equity and could not be supported by a good faith argument for an extension, …
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njcourts.gov
… tube, or brush; (4) Damage to any structure or foundation supporting the "covered equipment" or any of its parts; (5) …
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njcourts.gov
… of counsel fees to be submitted to the court for its determination. Plaintiff argued before the trial judge that, … counsel fees and costs for an abuse of discretion. "[F]ee determinations by trial courts will be disturbed only on the … she is not entitled to counsel fees. We discern no support for this argument. The parties agree that the …
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njcourts.gov
… weight of the evidence on the motion record overwhelmingly supports his assertion that he never received Hartford's … 2512, 91 L. Ed. 2d 202, 214 (1986)). When making this determination, the evidence must be viewed "in the light most …
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njcourts.gov
… arbitrary or there is a lack of substantial evidence to support them" because "[t]he judges presiding in the Tax …
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njcourts.gov
… The ALJ therefore recommended affirming the Board's determination, which denied petitioner's application for … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … or 7 A-4084-16T2 unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
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njcourts.gov
… was ineligible for PTI. Defendant did not appeal the PTI determination. Instead, he pled guilty to third-degree … (1977)). A trial judge may overrule a prosecutor's PTI determination "only when the circumstances 'clearly and … 386 N.J. Super. 569, 578-80 (App. Div. 2006), to support the claim "a defendant does not waive his rights to …
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njcourts.gov
… 232 N.J. 587, 589 (2018), which defendant cites for support. In fact, defense counsel asked the jury to consider …
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njcourts.gov
… its admission under R. 3:9- 1(e). Defendant cites no case supporting such an interpretation of the rule, and our own …
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njcourts.gov
… plaintiff "failed to direct this court to any case law in support of his contention that he is A-2014-16T1 7 entitled … precludes him from doing so. Further, we reject as unsupported the premise the original security agreement …
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njcourts.gov
… convictions. Defendant does not appear to dispute that determination. The court then appropriately pointed out … followed the sentencing guidelines, made findings that are supported by the record, and did not impose a sentence that …
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njcourts.gov
… that gives rise to plaintiffs' malpractice claims. This determination, however, does not conclude our analysis. … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy 11 … action. They also argue, without any competent factual support in the record, that they were not aware they had …
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njcourts.gov
… the allegations pertaining to newly discovered evidence in support of his motion for a new trial. On October 04, 2012, … nothing in the record warrants disturbing the PCR court's determination that Priester's representation was not credible. … is collateral and not likely to change both the judge's determination in the suppression motion and the jury verdict. …
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njcourts.gov
… courts have a narrow scope of review of a jury's factual determinations. A verdict should not be set aside as against … is no substantial credible evidence in the trial record to support a finding that plaintiff sustained no injury … Under the circumstances, we are constrained to vacate the unsupported verdict and remand for a new trial on damages. B. …
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njcourts.gov
… the slip and fall . . . or eyewitness testimony . . . may support an inference of constructive notice about the …
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njcourts.gov
… to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … verdict. We have no basis upon which to overturn that determination. This is not a situation in which the alleged …
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njcourts.gov
… Halligan. In essence, it was only the Bederson report that supported these figures. Further, the Bederson report was …
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njcourts.gov
… of Rev., 194 N.J. 534, 551 (2008). We will not upset the determination of an administrative agency absent a showing … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …