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… standard of care. We review de novo a trial court's determination of a motion to dismiss under Rule 4:6-2(e). … "[a]ssisted living" is defined as "a coordinated array of supported personal and health services, available … plaintiff was required to serve an appropriate AOM to support its complaint. The person executing the AOM must …
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… for PCR did not contain "one iota of documentation" supporting a diminished capacity claim, the judge concluded … to introduce a bald assertion of diminished capacity, unsupported by any actual evidence." Judge Jimenez next … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… 1(b), finding that defendant failed to offer facts to support mitigating factors five, six, and nine. Examining … relies on State v. Hess, 207 N.J. 123, 154 (2011), to support the proposition that "failure to present mitigating … N.J. 596, 625 (1990). In sum, the record reveals nothing to support a finding that defense counsel's performance somehow …
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… may constitute an illegal sentence" for purposes of its determination of the timeliness of a PCR petition. 7 A-1786-22 … illegal. D.D.M., 140 N.J. at 95. The arguments presented in support of defendant's PCR petition did not include a claim … within the charge. The same record defendant utilizes to support his argument also reveals defendant did not make any …
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… for a hearing. II. We conduct a limited review of agency determinations. In re DiGuglielmo, 252 N.J. 350, 359 (2022). … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … bound by an "agency's interpretation of a statute or its determination of a strictly legal issue." In re Ridgefield …
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… Williams "provid[ed] false checks to Liberty Mutual in support of his claim that he paid his fiancé $16,450 in … been cashed; and 3) the thin tissue of sophistry offered in support of this motion cannot conceal the deceptive and … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank, 234 N.J. at …
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… person is carrying a gun is, without more" insufficient to support a "stop and frisk," the trial judge disagreed. … and local law enforcement officers," the trial court's "determinations of reasonable suspicion and probable cause … or collectively, but without more, were sufficient to support a Terry stop, a significant portion of our urban …
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… in the record that defendant filed a verified petition in support of PCR as required under Rule 3:22-8. Instead, in … was deficient." The judge observed defendant failed to support his claim that trial counsel "inadequately investigated or prepared his case" with a supporting "certification as required by State v. Cummings, …
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… knowledge of the claims . . . . Based on his credibility determinations and factual findings, the judge entered an … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective …
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… 1). We recite a brief history to provide context for our determination. Maisano entered into a credit card agreement … and compel arbitration pursuant to the Agreement. Ibid. In support of its motion LVNV submitted affidavits from a Vice … properly delegated, the disputes are within the exclusive determination of the arbitrator. Id. at 7. Additionally, we …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … "something less than probable cause needed 7 A-0590-22 to support an arrest"). Determining whether reasonable and … We therefore conclude the stop and ensuing frisk were supported by reasonable and articulable suspicion to believe …
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… the reasonableness of his testimony all contribute to my determination that he was credible. 5 A-0646-22 On the other … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … basis in this record for disturbing the trial judge's determination that any testimony I.K. could have provided …
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… facts or cite to any applicable law in his moving papers" supporting relief under Rule 3:21-10(b)(5). The judge noted … for a reduction of sentence under Rule 3:21-10(b)(4). In support, defendant argued recently enacted mitigating factor … in N.J.S.A. 2C:44-1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …
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… various errors, omissions, and discrepancies in Shurkin's supporting documents. Citing Seventy-Three Land v. Maxlar … representation of defendants and their regular 6 In support of this argument, Shurkin cites an unpublished … taint or concerns due to the initial court's prior determination that Shurkin's compliant should be dismissed. …
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… only if: (1) he or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of … have corroborated his testimony at trial. Defendant's unsupported statement in his petition claiming that S.H.'s … defendant's arguments are pure speculation and do not support a finding of prejudice under prong two of the …
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… PCR judge noted the record reflected nothing more than unsupported speculation and denied the petition without an … U.S. at 148. In reviewing defendant's claims, we discern no support in the record for his argument that he was not … hearing, we review its legal and 10 A-2390-21 factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… denied the motion for recusal by order dated May 27, 2022, supported by a short, written decision. On June 10, 2022, … denied plaintiff's motion for reconsideration and a stay, supported again by a short, written decision. Plaintiff … 746). "Nonetheless, if the complaint states no claim that supports relief, and discovery will not give rise to such a …
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… where the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Mac … suffered damages." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 336 (App. … initial complaint." Plaintiff fails to cite to any law in support of his contention that the motion judge erred in …
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… even if the repair was not done at an intersection. In support of its motion, Newark also relied on the Department … notice of the pothole. The undisputed material facts do not support that argument and, therefore, we reject it. The TCA … Auth., 169 N.J. 119, 123 (2001). Nonetheless, that determination is subject to the court's preliminary assessment …
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… we concluded the court did not provide adequate findings to support imposition of consecutive terms. State v. Rutan, No. … Connecticut for his sentencing in that State; (2) argue in support of mitigating factor ten, N.J.S.A. 2C:44-1(b)(10) … an evidentiary hearing, we review its legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …