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njcourts.gov
… petition nearly four years later, on April 13, 2018. In his supporting affidavit, he alleged his criminal attorney never … Defendant repeatedly turned this down. The record does not support defendant's claim he was misinformed about the …
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njcourts.gov
… White, 580 U.S. at ___, 137 S. Ct. at 550. Those facts supported the qualified immunity claim and were not in … 462 U.S. 213, 243 n.13 (1983) (stating "[i]n making a determination of probable cause the relevant inquiry is not … explanation does not mean that those actions cannot support articulable suspicions, if a reasonable person would …
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njcourts.gov
… that neither man purchased anything while inside the store" supported the officer's deduction that he witnessed a CDS … pocketing a small unknown object supported the officer’s determination that a drug transaction occurred); see also … to conceal an object is a factor in probable cause determination). The incriminatory nature of the object was …
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njcourts.gov
… (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in 8 A-5363-16T4 … judgment in forgoing a Wade hearing before each trial is supported by substantial credible evidence in the record. By …
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njcourts.gov
… to dismiss an employee for filing a complaint that is not supported by an objectively reasonable basis. [Id. at … is pretextual." Id. at 39. Plaintiff admitted the facts supporting the hearing officer's other basis for discipline. …
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njcourts.gov
… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … dispute that their malpractice claim against Botton is unsupported by expert testimony. Instead, they contend their … they subsequently failed to serve an expert report to support their claim that Botton acted improperly.5 …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … The judge concluded that exigent circumstances existed to support a warrantless search of defendant's person based on … contraband. We discern no error in the motion judge's determination that the officer "had no practical opportunity …
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njcourts.gov
… 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … is sufficient credible evidence to support the Board's determination that Williams' disability was not the direct …
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njcourts.gov
… 205 N.J. 150, 169 (2011) (explaining that "[f]inal determinations made by the trial court sitting in a non-jury … is whether there was substantial credible evidence to support the damages and counsel fees set forth in the … 21 (App Div. 1989)), we discern no error in the judge's determination of reduced value. Secondly, the trial court …
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njcourts.gov
… The issues involving Applied are not relevant to our determination in this case, especially in light of Applied's … argues on appeal that "[c]ontrary to the trial court's determination, Your Way's bid was . . . fatally defective by … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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njcourts.gov
… killed his ex-girlfriend, Monica Paul, with whom he had two children. The shooting occurred at the Montclair YMCA in … Defendant also submitted two certifications of his own in support of his petition. He stated his trial attorney failed … a certification from trial counsel or any documentation in support of his allegation that the State extended a plea …
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njcourts.gov
… The court "refuse[d] to entertain speculations unsupported by evidence." With defendants' answer stricken by … here and defendants have not presented any evidence to support or corroborate these contentions. We agree with the … bank could not mortgage a leased property, but this is not supported by the 2005 mortgage. It provided that "[i]f this …
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njcourts.gov
… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …
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njcourts.gov
… N.J. Super. 396, 402 (App. Div. 2004)). The motion must be supported by an affidavit explaining the importance of the … DNA of someone other than [his DNA], it would strongly support [his] position that he was not the perpetrator." As …
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njcourts.gov
… "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, even though … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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njcourts.gov
… order as a matter of law." R. 4:46-2(c). When making this determination, the court must examine "whether the competent … 608 (1998)). . We afford no special deference to legal determinations of the trial court. Templo Fuente, 224 N.J. at … Defendants fail to provide any factual basis or analysis in support of their claim that Fleet violated the unidentified …
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njcourts.gov
… court" and accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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njcourts.gov
… . . . must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon . . . … manifest denial of justice in light of the strong evidence supporting the State's allegations. Even if defendant did …
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njcourts.gov
… Court to employ a patient and steady approach with the determination of Defendants qualified immunity status is … Further, Plaintiff has not provided well-pleaded facts or support to demonstrate what constitutional rights it is even … attach without piercing of the corporate veil or a legal determination disregarding the corporate form. State, Dept. of …
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njcourts.gov
… which surely would not follow if he were making findings in support of a 10.31% increase rate. Perhaps most notably, in … favor is unwarranted based on the lack of any real support that this number constitutes a “reasonable forecast” …