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… he first had sought reemployment in that title. The HSCO supported appellant's request. The CSC approved appellant's … former positions retroactive to 2002. That contention is unsupported by the plain language of the statute. The statute … original sponsors of the amendment that would presumably support his interpretation, it should be noted that such a …
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… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
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… moved for reconsideration. The judge reiterated his determination that Chapter 78's mandatory contributions were … 2011. Plaintiffs rely upon N.J.S.A. 40A:10-21.1(b)(3) to support this argument.3 The reliance is misplaced. Although … not exempt from Chapter 78's contribution requirements. To support their assertion of a breach of contract argument, …
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… following facts are derived from the evidence presented in support of , in opposition to, and in reply to the motion … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … identified three factors courts should consider in that determination: (1) the temporal proximity between the illegal … removed solely because of the canine sniff, which was unsupported by reasonable, articulable suspicion. Moreover, we …
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… motion judge issued an oral decision, finding no factual support for plaintiff's punitive damages claim. The judge … viewed in a light most favorable to plaintiff does not support "the likelihood of serious and imminent harm, much …
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… 4:6-2. If a party presents matters outside the pleading to support a motion to dismiss for failure to state a claim, … when Walker submitted beyond-the-pleadings materials to support his dismissal motion. However, we shall not disturb …
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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 Judge Falcetano's findings are fully supported by the record. When petitioning for PCR, a …
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… guilty as a second offender of DWI, based on its determination the State had proven beyond a reasonable doubt … the combination of the officers' testimony and the video supported the municipal court's findings. The judge imposed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… I. Although we typically defer to a trial court's factual determinations, "[d]iscretionary determinations, supported by the record, are examined to discern whether an …
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… finding that plaintiff had sufficiently pled facts to support substantive due process claims under the state- … AND SWORN AFFIDAVITS PROVIDED BY THE [COUNTY] IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT[.] We review a … plaintiff. Plaintiff's contentions to the contrary are unsupported. We conclude that the record lacks competent …
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… omitted). Moreover, the nature of a probable cause determination "does not require the fine resolution of … even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt." J.M., 182 N.J. at …
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… operation principle; 3. Structure and composition including supporting accessories; 4. Intended Uses and … public of potential risks and injuries. 10 A-4355-17T1 In support of the request for further discovery, Kline's …
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… for Drug Court on defendant's behalf. The record supports the court's determination defendant is legally ineligible for a Drug Court … established in the 2019 Manual are inapposite to our determination of defendant's PCR claim, however, because …
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… hearing, the State cited case law – in particular Witt – to support its position, and at no point before or after the … need not consider whether the judge's factual findings were supported by the record. See Rowe v. Mazel Thirty, LLC, 8 …
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… Wilhelm's testimony and all the materials relied on in support of the position that Wilhelm engaged in fraud. I. … Wilhelm administratively appealed the Division's determinations. Initially her appeals were dismissed as … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue." Utley v. 7 …
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… be 'remand[ed] . . . for an evidentiary hearing and a determination of defendant's claim.'" Merely raising a claim … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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… overwhelming evidence to the contrary, which, if believed, supported defendant's claim there was no deception, no undue … and expressed a desire to help defendant and her children. However, the situation changed toward the end of … if "sufficient credible evidence in the record as a whole supported all aspects of the jury's verdict." Kozma v. …
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… was not barred under these Rules, defendant failed to support his petition with credible evidence to establish his … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Id. at 547 (quoting State v. …
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… when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …