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… N.J.S.A. 2C:43-7, on a first degree crime. To support the motion, the State relied on defendant's 2006 … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." … abuse of discretion standard 11 A-2823-19 the PCR court's determination to proceed without an evidentiary hearing."); …
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… petition for PCR. Assigned PCR counsel thereafter filed a supporting brief.3 We next briefly summarize the relevant … only when he or she "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant 9 A-4298-18 must … Porter, the defendant's girlfriend submitted an affidavit supporting his claim that she was with him at the time the …
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… 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.'" … what constitutes custody for purposes of Miranda. The determination of whether a person was in custody is an …
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… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … juvenile offenders cannot proceed as though they were not children." Id. at 445 (quoting Miller, 567 U.S. at 474) … the Miller factors at that time "to take into account how children are different, and how those differences counsel …
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… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … the Miller factors at that time "to take into account how children are different, and how those differences counsel … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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… on this review, the notice set forth the Zoning Officer's determination that "the Use Variance for horseback riding … Township." Appellant timely appealed the Zoning Officer's determinations to the Planning Board, namely the adverse … and therefore unaffected by the new zone's prohibitions. In support of his position, the expert noted there was no …
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… and restoration of the matter to the trial calendar. In support of the motion, Blandino submitted a certification … of his September 16, 2020 letter. The motion was also supported by an affidavit of H. William Rutherford, III, in … a fee and one was not actually earned. [T]his theory is unsupported by evidence and has never been raised by the …
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… moved for reconsideration of the March 13, 2020 orders. In support of her motion, plaintiff relied upon various medical … to utilize Rule 4:42-2(3) to "revisit [the court's] prior determination. The motion judge explained that "[the Rule] is … as the trial court in our review of summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
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… I. The SCESC provides educational auxiliary and remedial support and programs in the non-public school setting.2 The … requires that present and future generations of school age children be assured opportunity to develop to the fullest … for students with disabilities, including evaluation and determination of eligibility for special education, and …
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… of cocaine from Burns to defendant Vaughn Williams.2 In support of the wiretap application, the affiant submitted a … record, we determined oral argument would assist our determination of this appeal, and notified the parties to be … have not challenged the issuing judge's probable cause determination. We are therefore satisfied defendants have not …
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… denied M.M.'s appeal from the Assistant Commissioner's determination and rejected her request that the matter be … for our discussion of M.M.'s appeals from two other determinations we address in this opinion. A-4038-17 In July … claim, noting M.M. "presented no substantive evidence" to support the argument. We consider M.M.'s appeal from the …
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… we will not engage in a strained construction to support the imposition of liability or write a better policy … As noted, we will not "engage in a strained construction to support the imposition of liability." Templo Fuente, 224 … Our interpretation of the Northfield exclusion also finds support in the persuasive decisions of other courts. We …
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… -4- planning board to extend the subdivision approval. To support the application, Pella asserted the expenditure of … is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable.” … change and determine whether it can render its required determination based on the papers.” 66 East Allendale, 216 …
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… redeem the certificate and preserve the excess equity. In support of her claim that the property had a fair market … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial … under subsection (f) of Rule 4:50-1 and remand for a determination by the trial court of: (1) whether Johnson has …
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… does not apply retroactively to final administrative determinations adjudicated by the GRC. The subsequent Supreme … VI, §5, ¶4. Judicial review of quasi- judicial agency determination is limited. Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann,192 N.J.19, 27-28 …
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… breach of contract and tortious interference claims were unsupported by the record. As noted, the court granted … failed to identify a genuine issue of material fact to support any claim of a "breach or related contractual … and $500,000, respectively, we agree with the court's determination this error did not change the fact defendant …
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… application. The Board affirmed the Division's determination and denied petitioner's request. In addition to … petitioner's request. Petitioner appealed the Board's determination and requested an administrative hearing. She … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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… collectively gave him $8,000. Fuqua produced no evidence supporting this allegation, arguing that the State's delay … meaningfully prejudiced as a result of the State's delays supports the trial court's order reinstating the complaint. … of the warrants. He offers no 16 A-1253-20 evidence supporting this assertion. According to hearsay evidence …
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… to partial takings and has no impact on the issue for determination. 8 Further, it is procedurally improper for … already owned by the State. There is no legal authority to support an amendment of the declaration of taking under the … marks omitted). The fact that the Court’s ultimate determination is that the condemnation action constitutes a …
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… inference from spoliation. None of these arguments are supported by the record. 14 A-4790-15T2 Spoliation involves … The court found that plaintiff never developed evidence supporting the spoliation claim and, therefore, there was no … and correct and the rulings concerning spoliation were supported by the law and the material facts. Affirmed. … …