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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and 7 A-1006-18T2 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… for a thorough and efficient education for public school children. The Department was asked to forgo collecting any … not assert a well settled legal right because it failed to support its position with legal authority. The ALJ found the … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
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… dating for approximately eight years. They do not have any children together. Plaintiff was hospitalized for a period … "did not make findings of fact and conclusions of law" in support of his decision, and "did not find that [plaintiff] … and "[c]ommon sense and experience may inform that determination." Hoffman, 149 N.J. at 577. Because direct proof …
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… a reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … the pleading; (3) the factual allegations are adequately supported; and (4) factual denials are warranted. R. … or where no rational argument can be advanced in its support[.]" (quoting United Hearts, L.L.C. v. Zahabian, 407 …
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… pleading guilty and continuing through sentencing." In his supporting 4 A-2065-18T2 certification, defendant averred … N.J. Super. at 170. Judge Caulfield's findings are fully supported by the record and her conclusions are consistent … sentence would not have made sense. This finding is amply supported by the record. Moreover, defendant did not appeal …
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… He found "no evidence of any mental health deficiencies" to support the argument his mental health issues impaired him, … at, and kill, the victim. The judge found no evidence to support defendant's claim the gun accidentally discharged … at the plea or sentencing phases, or in the PCR petition to support the claim defendant's mental health impacted his …
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… assistance of counsel. First, his certification in support of PCR alleged his trial counsel provided … only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … by these principles, we disagree with the PCR judge's determination that defendant's claims that counsel provided …
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… 2 A-1182-16T2 Petitioner Paul Mattia appeals from a final determination of the Board of Trustees ("Board") of the Police … injuries are the subject of the Board's July 13, 201[5] determination [that Mattia is totally and permanently … is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., 431 N.J. …
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… BETWEEN THE TRIAL ATTORNEY AND DEFENDANT IS MATERIAL TO A DETERMINATION OF WHETHER DEFENDANT'S GUILTY PLEA WAS "FORCED." … the suppression motion. We are satisfied the record fully supports the conclusion defendant failed to meet both prongs … would have elected to proceed to trial. In the absence of supporting certifications or affidavits, it was proper for …
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… the advice of competent counsel and that the pleas were supported by adequate factual bases. Finally, defendant … hearing only when he "has presented a prima facie [case] in support of [PCR]," that a defendant "must demonstrate the … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. "However, a defendant is …
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… five-and-one-half-year delay in contacting Maradonna "support[ed] a finding that the Division did not act … to the ALJ's decision. The Board issued a final determination adopting the ALJ's factual findings and legal … the following points on appeal: [I.] THE PERS BOARD'S DETERMINATION THAT [MARADONNA] CONTINUED AS AN ACTIVE PERS …
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… there was substantial credible evidence in the record to support the trial judge's order that it would be contrary to … maintained J.K.'s expressed concern for his safety was not supported by the evidence. The judge pointed out that if … jeopardy if J.K. is allowed to purchase a gun and a PTC is supported by his credibility findings. We are not "convinced …
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… retain an expert psychological examination in the field of childhood sexual abuse; (2) consult a "clinical brain … only if the defendant makes a prima facie showing in support of the requested relief, State v. Preciose, 129 N.J. … evidentiary hearing, we review [their] legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… and (4) the Authority's "factual findings were not supported by substantial evidence in the record." Appellate … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls …
njcourts.gov
… 2C:25-17 to -35. Because the trial judge made credibility determinations, factual findings that were supported by substantial credible evidence, and correctly … plaintiff testified that defendant would kick and throw her children's clothes in the garage and hide their shoes. …
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… with the necessary "facts outside the trial record" to support his argument. The PCR court determined defendant was … PCR court emphasized defendant's "bald assertions" were not supported by the record and defendant never objected to his … he 10 A-2642-22 or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of …
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… renovations to make it a livable residential space. As support, plaintiffs proffered the testimony of a … home office use. See Clemente, 27 N.J. Tax at 268 (A HBU “determination is not based on value-in-use because the determination is a function of property use and not a function …
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njcourts.gov
… FUNDAMENTAL INJUSTICE ARTICULATED IN HIS CERTIFICATION IN SUPPORT OF THE PCR PETITION OR PERMITTING DEFENDANT AN … the photograph because he was "functionally illiterate." In support of that argument, defendant filed a certification … set forth in Rule 3:22-12(a)(2). In his certification in support of the second petition, defendant claims that he was …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Wells Fargo confirmed in a supplemental certification with supporting documents that as of December 11, 2013, Wells … 149 N.J. 408 (1997). Nevertheless, neither Upke nor Yvanova support defendant's position. In Upke, we did not discuss …
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njcourts.gov
… BETWEEN THE TRIAL ATTORNEY AND DEFENDANT IS MATERIAL TO A DETERMINATION OF WHETHER DEFENDANT'S GUILTY PLEA WAS "FORCED." … the suppression motion. We are satisfied the record fully supports the conclusion defendant failed to meet both prongs … would have elected to proceed to trial. In the absence of supporting certifications or affidavits, it was proper for …