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njcourts.gov
… issue also noted, [m]oreover[,] there was ample evidence to support the defendant's convictions. Further, the court … claims if a defendant has presented a prima facie claim in support of" PCR. Preciose, 129 N.J. at 459. "[C]ourts should … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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njcourts.gov
… that the copy of the March 1, 2023 amendment submitted in support of Sunnova's motion does not contain an arbitration … appeal followed. Plaintiffs argue: (1) the record does not support the trial court's finding plaintiffs assented to … Because these disputed issues of fact are germane to the determination of whether plaintiffs assented to the …
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njcourts.gov
… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … the defense was not precluded from presenting evidence to support self-defense. Indeed, [defendant] testified as to … of events." Judge Deitch concluded the facts did not support a self-defense charge, reasoning: PCR counsel relies …
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njcourts.gov
… High Sch. Dist., 241 N.J. 31, 40 (2020). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … stating: Here, we find the record presented does not support a conclusion that lieutenants have authority to …
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njcourts.gov
… defendant's contention that such a challenge would have supported his claim that he tried to sell the victim … (1964) (citation omitted), as long as those findings "are supported by sufficient credible evidence in the record," … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … CDS from the four5 armed officers. Nothing in the record supports any such speculation. In Witt, Justice Albin, …
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njcourts.gov
… (requiring facts asserted in briefs on appeal be "supported by references to the appendix and transcript."). … "[had] not raised any legal and cognizable arguments in support of the motion for reconsideration that were not … recusal motion, the judge found Ezekwo's representations in support of her motion "bewildering, conspiratorial, and …
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njcourts.gov
… images to maintain his memory. 7 A-0258-19 Other testimony supported the identification of defendant. The mother of defendant's children testified she owned a tan-colored Oldsmobile SUV … on this point. We find no error in the trial court's determinations on this point. 12 A-0258-19 II. Defendant next …
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njcourts.gov
… appeals from a January 21, 2021 final administrative determination (FAD) of the Board of Trustees (Board) of the … AND THE RECORD DOES NOT CONTAIN SUBSTANTIAL EVIDENCE TO SUPPORT THE FINDINGS UPON WHICH THEIR DECISION WAS BASED. … of Lab., 194 N.J. 534, 551 (2008). We will not upset the determination of an 8 A-1746-20 administrative agency absent a …
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njcourts.gov
… use is less than 5 acres.” The notice indicated that the determination had been made as a result of a site visit. A … lots constituted woodland, which he also included in his determination of qualified farmland. Plaintiff calculated that … no other competent evidence that the reference he provided supports his position. Moreover, it appears that plaintiff’s …
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njcourts.gov
… are provided to the municipality. We also find sufficient support in the record for the trial court's conclusion that … sufficient support in the record for the governing body's determination that RTS complied with the bid specifications. … sufficient support in the record for the governing body's determination that RTS has the experience necessary to perform …
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njcourts.gov
… facts and the history of your case and the legal argument supporting the request you have made to the court in your … A contesting answer will be sent to a judge for a determination on the lender’s right to foreclose. Defendant - … there is no dispute over the facts of the case and the law supports the moving party’s position. Venue - the venue is …
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njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient 6 A-0526-20 credible evidence in the … sum, we see no abuse of discretion in the trial court's determination that none of the Slater factors militate in …
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#09-10
Administrative Directives
njcourts.gov
… Violence Act. DVHO Standard #4: Facilities and Staff Support A. The DVHO should conduct the hearing in a hearing … the parties that make the matter “complex”; (this determination of “complexity” by the Hearing Officer is … of the TRO) and potential signature. The probable cause determination regarding weapons seizure should be placed on …
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njcourts.gov
… variances). In addition, key factual findings are without support in the record. Specifically, the court found as fact … by subdivision in 1936." Neither of those findings has support in the record. Ebury's position before the Board and … variance and by reversing a variance decision that was supported by sufficient evidence in the record. We agree. …
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njcourts.gov
… 7 N.J. Tax 457, 464 (Tax 1985). Neither Alid nor Garfield support such a conclusion. In Alid, the issues under appeal, … for the transfer to the 12 Law Division was the court’s determination that the court’s prior remand to the Tax Court was improper because “appeals from DEP determinations made pursuant to N.J.S.A. 54:4-3.63 et. seq., …
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njcourts.gov
… were those provided to its assessor by plaintiff in support of her claim for exemption, and the assessor’s determination in this regard. Some of the same documents were … DD-214 (used by the Township’s assessor) and the VA’s determination that plaintiff was 100% disabled due to her …
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njcourts.gov
… the offense," N.J.S.A. 2C:44-1(b)(14); L. 2020 c. 110 § 1, supports his contention his sentence is illegal. Counsel was … requirement "that a sentencing judge 'take into account how children are different, and how those differences counsel … 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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njcourts.gov
… any findings of (1) a predicate act of domestic violence to support the entry of an FRO; and (2) whether plaintiff … of domestic violence. Id. at 126. "Although this second determination . . . is most often perfunctory and self- 11 … the PDVA. However, she asserts this court can make the determination that she satisfied the act of harassment from …
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njcourts.gov
… I. Following Senior's February 2020 death, three of his six children, James H. Martin (Jimmy), Michael P. Martin … On appeal, Therese argues the judge's ruling was not supported by the evidence and misapplied governing law. … (1974). "An appellate court is bound by the trial judge's determination of credibility and those findings of fact which …