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… unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 … A PCR petitioner "must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … petitioner must show that the error 'played a role in the determination of guilt.'" 11 A-5155-15T2 Brewster, 429 N.J. …
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… before the Note's signing. Notwithstanding the jury's determination that the Note did not constitute a binding … to maintain the second action would have been sufficient to support the first); and (4) whether the material facts … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
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… three years while he was not promoted for ten years was unsupported by credible evidence. In sum, the judge held that … Giles did not present 5 A-2520-15T4 credible evidence to support a prima facie case of retaliation under the LAD. … of evidence, but must accept as true all the evidence supporting the party opposing the motion, and accord him the …
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… counsel. The judge also concluded defendant provided "no support" for the argument he was due additional jail … on the second robbery was "overwhelming."5 Given our determinations, we agree with Judge Paone defendant was … raised on direct appeal, we find no error in the judge's determination that defendant failed to satisfy the Strickland …
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… the trial court's decision so long as those findings are 'supported by 12 A-0240-20 sufficient credible evidence in … the burden of proving a motor vehicle stop is 13 A-0240-20 supported by a reasonable and articulable suspicion the … vehicles in the vicinity. 17 A-0240-20 to overturn that determination. Officers need not be mathematically precise to …
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… Defendant attested he was currently married, had two children, was gainfully employed and paid taxes. When … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of …
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… found that plaintiff had presented sufficient evidence to support his claim that Strothers was negligent in the … car. However, he presented sufficient evidence to support the conclusion that the injuries he sustained to his … the jury shall be instructed to make 18 A-5672-18T3 that determination. Ibid. If the judge finds, as a matter of law, …
njcourts.gov
… the four-part Henderson analysis and made a reliability determination without giving him the opportunity to create a … suggestiveness warranting a hearing. There is sufficient support in the record for the trial court's determination. The video recording establishes the victim …
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… that after making the call, she was going to pick up her children, and then go to a firing range in Belleville. … SUPPRESSED. 10 A-1303-18T2 In our limited review of a determination of a motion to suppress evidence, State v. … findings to which we defer "so long as those findings are supported by sufficient credible evidence in the record." …
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… waived when the party failed to include any arguments supporting the contention in its brief). 10 A-2486-18T1 With … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … merits.'" Id. at 355 (quoting R. 3:22-10(b)). The record supports the trial court's conclusion that defendant did not …
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… as Exhibit G to plaintiff's counsel's certification in support of plaintiff's motion for an order finding plaintiff … 7 A-0868-19T1 Plaintiff subsequently filed a motion for a determination that it timely served the NJTA with the notice … 13, 2019 order granting plaintiff's motion for a determination the notice of tort claim was timely did not …
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… of novel and recycled arguments, many of which are unsupported by citations to the record or a legal authority … 3 Defendant concedes it has offered no legal authority to support its "cascade zoning" argument, that "the Cascade … of review, and 21 A-2604-19 thus the trial court's determination of such issues is accorded no deference. Kaye v. …
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… on the record the right to appeal from the adverse determination of any specified pretrial motion." [Id. at 471.] … dismissal motion. Moreover, he proffers no viable ground to support such an appeal. Alluding to N.J.S.A. 2C:35-5(c),2 … testimony at an evidentiary hearing before making that determination. We disagree because defendant did not present a …
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… legal principles to lend context to the motion judge's determination that defendant was competent to stand trial. … judges, and not experts, must make the final competency determination under N.J.S.A. 2C:4-4. State v. Moya, 329 N.J. … Super. at 506, and conclude the judge's determination was supported by sufficient evidence in the record, State v. …
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… as we are not "convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Group and a promise to make continuing future payments to support clean-up activities and Borne Group operations. The … N.J. Super. 25, 35 (App Div. 1986) (affirming trial court determination, after bench trial , that there was no apparent …
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… principals, as Pagan had presented no evidence to support a claim against them. The jury returned a verdict … instruct you that there is no evidence in the record to support this particular theory. The theory of liability to … Having said that, we note the record does not necessarily support the imposition of sanctions against Acosta. After …
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… in essence, simply reformatted the statement of reasons supporting our order of April 5, with such additions as … noting he had read everything the Board had "submitted in support 3 Although there are circumstances that would cause … its complaint at paragraph 27. 13 A-1982-20 if there is a determination that is made that the resolution would not be …
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… Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support, defendant stated he was twenty-seven years old, and … employed "[h]igh [s]chool graduate," with "two young children," and "full custody" of one of them. He explained … is not unchecked" require such access to make an informed determination. Id. at 373. The State argues further that the …
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… or the crime was committed to acquire property or monies to support the person's drug or alcohol dependency. N.J.S.A. … and he did not commit the crimes to acquire property to support his alcohol dependency. N.J.S.A. 2C:35-14(a)(3). … had been conducted by the Drug Court judge. We review a determination regarding eligibility for admission into Drug …
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… M. Pollock argued the cause for respondent (Fox Rothschild, LLP, attorneys; Jeffrey M. Pollock and Steven J. … reconsideration motions. In a written statement of reasons supporting the order, he first addressed and rejected … of privilege or confidentially are not the only reasons supporting good cause justifying non-production. Our rules …