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… attorney. The PCR judge concluded there was strong proof supporting admission of the drug evidence under the plain … testimony against defendant. Defendant presented no facts, supported by affidavits or certifications based upon … 48 (2002). 12 A-1259-18T4 We are satisfied the record fully supports a conclusion that defendant has failed to meet both …
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… motion and the court decided the motion on the papers. In support of its motion, plaintiff filed the certification of … reverse, however, when the trial court's decision was not supported by a rational explanation. See Guillaume, 209 N.J. … in moving to vacate a default judgment is a factor that supports granting the motion. Reg'l Constr. Corp. v. Ray, …
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… the conditions of probation. We are convinced the record supports the PCR court's finding that defendant failed to … attorney's performance was deficient. The record further supports the PCR court's finding that if counsel erred in … factor did not apply. There is nothing in the record to support defendant's contention that the judge treated his …
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… opposing party's claim." Comments to Rule 4:7-1 provides support for the motion judge's decision: 9 A-3745-20 … amendment can relate back, we save such 11 A-3745-20 a determination for a case that provides the proper factual support. [Ibid.] We are satisfied that this case provides …
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… have the power and authority to enact ordinances in support of the police power." Hutton Park Gardens v. Town … bodies are presumed to act on the basis of adequate factual support and, absent a sufficient showing to the contrary, it … bears a direct relationship to the public safety, such determination is reasonable and not arbitrary." Cedar Grove v. …
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… creating an issue of fact . . . . Thus, the judge's determination that the parties were not in an attorney-client … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … needed CMR's cooperation and its principal's testimony to support a future separate litigation. In light of those …
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… capricious or unreasonable," or is 4 A-1962-18T4 unsupported "by substantial credible evidence in the record as … a reasoned conclusion . . . [which] requires evidence to support it and findings of appropriate definiteness to … how great a deference we must accord the administrative determination, we have no capacity to review the issues at all …
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… procedural frustrations in favor of "just and expeditious determinations on the ultimate merits." [Crescent Park Tenants … defendant's standing argument. Finally, there is no legal support for defendant's contention that plaintiff failed to … to the moving certification of plaintiff's counsel in support of its motion for summary judgment. The modification …
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… of or adjustment to any of [David's] pendente lite . . . support obligations pursuant to Mallamo v. Mallamo, 280 N.J. … pendente lite income from those entities retroactively. In support of his argument, David relied on paragraph 14.4(c) … the documents. Those documents can certainly be read to support Sara's position that this was a reserved claim. But …
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… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced the trial judge's findings are fully supported by the record, including her finding that each of … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …
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… may be freely entered into and which a court, absent a determination of fraud or other compelling circumstances, … trial court erred by refusing to reconsider its earlier determination that the equitable doctrine of laches barred … that plaintiffs had submitted the Lomax certification in support of their initial motion. In that certification, …
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… argument, citing "insufficient evidence on th[e] record to support a 7 A-2098-18T4 finding that defense counsel's … prior to trial had "no moment" to the trial judge's determination to exclude the document as "utterly irrelevant." … right to a speedy trial. The record supports these determinations. Defendant failed to rebut the strong …
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… N.J.S.A. 2C:35-7.1. The charges arose from the same facts supporting the accusation to which defendant previously … waived when the party failed to include any arguments supporting the contention in its brief). 7 A-5549-17T4 2(a), … court analysis, of course, will necessarily include a determination of whether any application by defendant's …
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… its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … 2010. Therefore, Paru seeks to use past consideration to support plaintiff's entitlement to a fifty percent … in defendant. A contract is enforceable only if it is supported by consideration. Sipko v. Koger, Inc., 214 N.J. …
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… sufficient credible evidence in the record to sustain its determination that defendant's actions here were prohibited by … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … concurrent findings of fact and credibility A-1324-20 5 determinations made by two prior courts absent a very obvious …
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… appeals from a March 11, 2019 final administrative determination of the Board of Trustees (Board) of the … Secretary to prepare and issue a final administrative determination. On March 11, 2020, the Board issued its … to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
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… this bald assertion, defendant presented no evidence to support this allegation. As the judge found, Alford … knew that defendant had "a lengthy criminal record" which supported the tactical decision not to put defendant on the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… moving party is 1 CIP refers to "the taxonomic scheme that supports the accurate tracking, assessment, and reporting of … Further, Delaware Valley Board argues the Commissioner's determination that it does not operate a vocational school is … decisions is limited. "We will not overturn an agency determination unless it is arbitrary, capricious, or …
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… Public Policy[.] II. We review de novo a trial judge's determination of a motion to dismiss for failure to state a … 544, 559 (1995)). The policy is ambiguous if the language supports more than one meaning. Sahli v. Woodbine Bd. of … This court's reasoning in Fiscor further supports the determination that the policy is not violative of public …
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… adduced at the municipal court trial were sufficient to support defendant's DWI conviction based on observational … the matter again, we stressed the heightened need for a determination of the State's observational case in light of … . . judge reviews the transcript and makes an independent determination of the sufficiency of the evidence presented, …