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njcourts.gov
… claims if a defendant presents a prima facie claim in support of post-conviction relief. Preciose, 129 N.J. at … on appeal does he identify any evidence in the trial record supporting the justification of self- defense under N.J.S.A. … A-2008-16T1 swinging the board again. There is no evidence supporting an actual , honest, reasonable belief by …
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njcourts.gov
… to a trial notice attached to defendants' counsel's supporting certification, the court had sent notices to all … in opposition to defendants' motion . . . and in support of cross motion to reopen and extend" discovery or … discovery was not completed we're told it was a strategic determination. Counsel clearly was not diligent . . . in …
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njcourts.gov
… industry, does not encompass the cost of benefits, further supporting its proposed interpretation of the CNA. The … interpretation." Ibid. The record contains ample grounds supporting the arbitrator's interpretation of the CNA. No … enrolled in Medicare Part B. In addition, there is no support in the CNA for Local 300's position that a parity in …
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njcourts.gov
… A-4784-15T4 D. [MATCHAPONIX AND NCV] PROVIDE NO EVIDENTIARY SUPPORT OF WHAT THEIR EXPECTATIONS WERE. E. THE SUBSIDENCE … 419 (2008). We review de novo the trial court's legal determinations, including its construction of an insurance … Despite our finding as to the issue of ambiguity, our determination as to whether the exclusionary language should …
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njcourts.gov
… Miranda waiver and "consider whether those findings are 'supported by sufficient credible evidence in the record.'" … while he read defendant the warnings. The record does not support a finding that defendant's will was overborne. … overlap between the factors that govern a court's determination of whether a Miranda waiver is valid and the …
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njcourts.gov
… the facts upon which plaintiff and its experts relied in support of its claim for damages were unreliable or … nature of the damages and the lack of concrete data to support the claimed damages." The court noted plaintiff … 520, 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as …
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njcourts.gov
… April 20, 2018 2 A-1064-16T1 E.W. appeals from a final determination of the School Employees' Benefits Commission … of [E.W.'s] receipt of Horizon's final adverse benefit determination." In a letter dated July 27, 2015, the … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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njcourts.gov
… had no medical expert and that he needed such an expert to support causation between the alleged negligence in allowing … may offer testimony from his or her treating physician to support a claim for negligence. Our Supreme Court has held … for him to go to the hospital. The hospital records support plaintiff's contention that he had at least a knee …
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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … would entail an excessive hardship on defendant's children. N.J.S.A. 2C:44- 1(b)(11). "The sentencing court is … that imprisonment would impose an excessive hardship on her children because her husband had abandoned them and fled the …
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njcourts.gov
… and allowed his substantive claims to be heard. In support of its position, plaintiff relied primarily on our … N.J. Super. 453 (App. Div. 2001), and argued, as he had in support of his motion to reinstate the complaint, that he … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … order pursuant to the PDVA, the judge must make two determinations. Silver v. Silver, 387 N.J. Super. 112, 125 … v. Peranio, 280 N.J. Super. 47, 54 (App. Div. 1995). The determination of whether such an order should be issued must …
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njcourts.gov
… or speculative. Defendant does not set forth any facts to support his claims, and, therefore, defendant's submission … point to a single decision by the [c]ourt that was not supported by applicable legal standards." Judge Delaney … assertions" of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. …
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njcourts.gov
… N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not … 106 N.J. Eq. 449, 451 (Ch. Div. 1930). The title needed to support or defend against an ejectment action is “one which … N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not …
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njcourts.gov
… representing himself, filed a PCR petition. In his supporting certification, defendant alleged: (1) My trial … judge found that defendant had not alleged specific facts supporting his assertion that trial counsel had been … only if : (1) he or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of …
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njcourts.gov
… 2 A-1408-21 PER CURIAM Sean Hart appeals from a final determination of the Board of Trustees (the Board) of the … evidence only and did not make any credibility determinations. From our review of the record, we are … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-W. Jersey …
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njcourts.gov
… to Callaway that Brown and his uncle killed Hayes. To support his alibi contentions, defendant tendered affidavits … appeal, defendant argues that the PCR judge erred in his determinations, and that the alibi and third-party guilt … we will uphold the PCR court 's findings that are supported by sufficient credible evidence in the record." …
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njcourts.gov
… for ADR benefits, and therefore, affirmed the Board's determination denying petitioner's application. Petitioner … incident or since. Therefore, the Board adopted the ALJ's determination there was nothing undesigned or unexpected about … capricious, or unreasonable, or that it lacks fair support in the record." Mount v. Bd. of Trs., Police & …
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njcourts.gov
… Police Department's (CCPD) Narcotics Gang Unit (NGU). In support of his motion to dismiss the indictment, defendant … arguments before the motion judge, noting defendant did not support his motion with the incident report from which the … on purely a legal question, however, we review that determination de novo." State v. Twiggs, 233 N.J. 513, 532 …
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njcourts.gov
… of his driver's license, he failed to produce evidence supporting this allegation. At his deposition, Baratta … 12 A-3560-21 to Baratta, the record simply does not support an inference that the parking enforcement officers … court's conclusion that Baratta failed to produce evidence supporting his claim that the city engaged in a policy, …
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njcourts.gov
… defer to a judge's bench trial findings so long as they are supported by credible evidence in the record. An actor's … and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … The judge must then place, on the record, the factual basis supporting the findings of the particular factors affecting …