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… only upon the establishment of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… Super. 595 (App. Div. 2016), upon which defendant relies to support his argument, the answer, "yes," is circled in … N.J. 434, 457 (1994). We also concur with the PCR judge's determination that defendant's petition was time barred. A …
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… which one officer expressed his concern that handicapped children attending a school near a murder scene might find … in the presence of the suspect. Nor does the record support the respondent's contention that, under the … in the holding cell. We do not accept defendant's leap, unsupported by any evidence, that the detectives hoped to …
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… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … Buckelew v. Grossbard, 87 N.J. 512, 525 (1981)). The determination of duty is "generally a matter for a court to … 132 N.J. at 439). We disagree with the trial court's determination that defendants did not owe a duty of care. …
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… we defer to a PCR court's factual findings "'when supported by adequate, substantial and credible evidence.'" …
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… of Rev., 194 N.J. 534, 551 (2008). We will not upset the determination of an administrative agency absent a showing … A-1087-19 capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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… on the proofs. 4 A-3903-19 bowed legs "bi-laterally" in childhood for which he was fitted with braces; had a left … "[h]owever," that he was obligated to "provide a just determination in this case as in all cases," and that to grant … warned in Davidson that "[s]uch evidence provides essential support for the pled theory of a plaintiff's cause of action …
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… involving at least nine female victims, some of them young children. He was first tried by a jury on four counts … and otherwise lacked merit. Noting defendant failed to support his petition with documentary evidence establishing …
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… eventually her 3 A-4352-18 parents sent her to live at the Children’s Home of York (CHOY). During her stay at CHOY … to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401 (defining … to a person the victim would ordinarily turn to for support." R.K., 220 N.J. at 455 (citing W.B., 205 N.J. at …
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… was not "budging down from the demand of $250,000." In support of her motion to vacate, plaintiff certified that …
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… We reject these contentions because they are without support under the New Jersey Arbitration Act. The New Jersey … in this State involving an insured tortfeasor, the determination as to whether an insurer, health maintenance …
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… and shortly thereafter moved for summary judgment. In support of its summary-judgment motion, State Farm pointed …
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… immediately . . . 'bespeak an intent contrary to, and not supportive of, retroactive application.'" 240 N.J. 360, 371 …
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… when he or she has "presented a prima facie [case] in support of [PCR]," meaning a "defendant must demonstrate a …
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… can raise many challenges. But, that fact alone cannot support denial of what is clearly an important component to …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … Execs.' Ass'n, 489 U.S. 602, 619 (1989)). "In making that determination, the [c]ourt balances the 'intrusion on the …
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… to prove or disprove any fact of consequence to the determination of the action." Garcia, 245 N.J. at 431 (citing … to prove or disprove any fact of consequence to the determination of the action." Garcia, 245 N.J. at 431 (quoting … must have possessed the murder weapon—an inference unsupported by the evidence. Therefore, the trial court did …
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… 217. 7 A-0674-20 In reviewing an equitable distribution determination by a family part judge, we are mindful that our … 223 (App. Div. 2007)). Generally, a family part judge's determination as to assets available for distribution, as well … those assets, are given deference so long as they are amply supported by the record. La Sala v. La Sala, 335 N.J. Super. …
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… inside the common area, the officers made observations that supported the issuance of the search warrant. As expressed …
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… or recklessly disregarded the fact that no valid reasons supported the delay . . . . [L]iability may be imposed for …