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… of his choice. He asserts that the underlying facts that support his conflict of interest claim – that his attorney … AMENDS. VI, XIV. POINT VI THE PCR JUDGE ERRED IN HER DETERMINATION THAT THE PROSECUTOR DID NOT IMPLY THAT ONCE A … constraints. Absent the PCR court's threshold timeliness determination, we decline to reach the merits of defendant's …
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… court's decision so long as [the factual] findings are supported by sufficient credible evidence in the record." … and was not asked for consent. The record therefore supports the judge's conclusion that defendant affirmatively … relies upon State v. Montalvo, 229 N.J. 300 (2017), in support of the argument. Montalvo, however, relates to a …
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… parties filed supplemental letter briefs contending Mattia supported their respective positions. 5 A-0048-17T3 … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … court would come to the same conclusion if the original determination was its to make, but rather whether the 6 …
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… for an involuntary dismissal pursuant to Rule 4:37-2. In support of the motion, defendant's counsel cited case law to … such a duty is "an essentially 8 A-1323-17T2 objective determination to be made on the basis of the material facts" … in not making a reasonable use of his property. Such a determination merits a consideration of the various attendant …
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… office's objection to defendant's admission. The prosecutor supported her objection by first citing to our decision in … who is gainfully employed, a married father of four young children who relied upon him for support, and who has no … N.J. 215, 225 (2002)). Our review of a prosecutor's PTI determination is limited because of the nature of the decision …
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… 2016, plaintiff sued defendants alleging negligence. In support of his claim, plaintiff retained Himad Beg, a … 136; Luchejko, 207 N.J. at 201-03. Moreover, public policy supports preserving the current rule because society has an … the imposition of a heightened duty, this contention is not supported by law. See Cogliati v. Ecco High Frequency Corp., …
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… was assigned counsel who filed a supplemental brief. In his supporting certification, defendant stated he "never wished … only upon the establishment of a prima facie case in support of post-conviction relief . . . [t]o establish a … Rather, "defendant must allege specific facts and evidence supporting his allegations" for the court to grant an …
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… in 1993, they are both attorneys, and they have three children. In July 2014, plaintiff filed a complaint for … Award, defendant contends that (1) there was no evidence supporting the award, (2) the arbitrator refused to consider … or engage in cross-examination, and (4) the fee was not supported by the record. Thus, defendant requests that we …
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… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … OPRA. See N.J.S.A. 47:1A-7(b). Although the agency's determination regarding the applicability of OPRA is a legal …
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… it as "arbitrary, capricious and/or unreasonable and not supported by credible evidence." Accordingly, the … In re Hermann, 192 N.J. 19, 27 (2007). The “final determination of an administrative agency . . . is entitled to … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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… there is substantial credible evidence in the record to support them. N.J. Div. of Youth & Family Servs. v. E.P., … showed the opposite. At least one Council member did not support the Resolution because he did not have the … told the City Council he had only completed the supporting memorandum "last week" and then gave it to his …
njcourts.gov
… the trial court's decision so long as those findings are "supported by sufficient credible evidence in the record." … that "there was substantial credible evidence to support the findings of the motion judge that the . . . … infirm. In sum, we hold the judge's findings were supported by sufficient and credible evidence in the record …
njcourts.gov
… at about 8:15 a.m., plaintiff was walking with her grandchild on a public sidewalk in the Town of Harrison. The … where plaintiff fell as "an ice rink." Reportedly, several children had played on the sidewalk that morning, pretending … to the dangerous and slippery condition of the sidewalk. In support of her claims, plaintiff retained a licensed …
njcourts.gov
… the parties agreed an anonymous tip alone could not support a warrantless search, the court found the State had … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … cannot provide reasonable and articulable suspicion to support a detention in the first instance." Rosario, 229 …
njcourts.gov
… the "aggravating and mitigating factors are identified, supported by competent, credible evidence in the record, and … (5), (6), (9). The judge's findings were well supported in the record based on defendant's criminal … nonexistent mitigating factors and the judge's decision is supported by competent, credible evidence in the record, we …
njcourts.gov
… issues of material fact proffered by plaintiff that could support a finding that Suk breached his duty of care under … at 84-85. Plaintiff cites allegations in the complaint to support his argument that the complaint's "language [was] … judge never analyzed whether plaintiff presented facts in support of his claim that defendants' conduct was reckless. …
njcourts.gov
… found defendant did not object at sentencing and the record supported the aggravating and mitigating factors. This … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … subject to NERA to run concurrent. The record does not support defendant's claim that plea counsel advised he would …
njcourts.gov
… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … adopted sister's mother; his lack of concern and financial support for her adopted sister, his adopted daughter; and … it is unclear whether the court made credibility determinations and found them unconvincing, or if the court …
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… provide" an alternate version of the facts, which could be supported by Mr. Smith." PCR counsel argued defense … hearing would "allow the [c]ourt to make a better determination of whether it was ultimately a trial strategy … based upon what we had there. So based upon that a determination was made that there really wasn’t anything that …
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… change charge, arguing there was insufficient evidence to support such a jury instruction. The 5 A-5625-17T1 judge … except upon the basis of a carefully reasoned and factually supported and articulated determination, after canvassing the record and weighing the …