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… State v. Porter, 216 N.J. 343, 354 (2013). In making this determination, the PCR judge must consider the facts "in the … guy on the block" twelve times. The evidence 6 A-0639-18T1 supported the inference that the fight was a result of men …
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… page for said office . . . ." County Counsel certified in support of the motion for reconsideration that a copy of the … will, particularly in those cases requiring credibility determinations, call for an evidential hearing. See Lopez, 62 …
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… time bar in Norman because there was no evidential support to sustain the defendant's guilty plea. Norman, 405 …
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… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … punishment under the Federal Sentencing Guidelines. The determination of the likelihood that a defendant would …
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… its set temperature within [two] degrees at all times." To support its contention that paragraph ten does not require …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … Constitution, and the United States Constitution). A determination by a trial judge regarding whether defendant was … applicable law, satisfies us Judge Waldman's rulings are supported by sufficient, credible evidence in the record. …
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… YEAR [SENTENCE] SINCE THE SENTENCING TRANSCRIPT DOES NOT [SUPPORT] THAT CLAIM. POINT III THE MERCER COUNTY SUPERIOR …
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… THE STRUGGLES AND CHALLENGES MR. ROBINSON FACED THROUGH HIS CHILDHOOD, WHICH WOULD HAVE WARRANTED A LESSER SENTENCE. … only if he or she establishes a prima facie showing in support of the petition , "there 6 A-0039-19T1 are 'material … had raised arguments about defendant's hardships during his childhood, there is no showing that such arguments would …
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… Preciose, 129 N.J. at 463, we conclude the record supports defendant's contention that he established a prima …
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… the merits. However, defendant's arguments lack any factual support in the record. Prior to trial, defendant's attorney … post-conviction relief." However, contrary to defendant's unsupported assertion in this appeal, Judge Delaney went on to …
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… for violating N.J.S.A. 2C:11-5.1. Contrary to the court's determination that the Legislature "omitted" N.J.S.A. … we find nothing in the statute's legislative history to support the court's order. 3 When W.S. was decided, N.J.S.A. …
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… of Jacob's complaints, or of the products they used. In support of defendants' motions for summary judgment, they …
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… "the presence of a meritorious [claim] worthy of judicial determination . . . and the absence of any contumacious … the defendant did not present a "scintilla of evidence" supporting his claim of prejudice); Ghandi, 390 N.J. Super. … Super. 494, 496 (App. Div. 2013). Similar to our determinations in Ghandi and Baskett, Carolyn's reasonable …
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… AND NATURE OF DISABILITY, REGARDLESS OF THE ODD-LOT DETERMINATION[.] We reject these contentions and affirm. Our … and neuropsychiatric impairments may be considered in the determination of permanent total disability, where such … expressed in the judge's well-reasoned decision, which "is supported by sufficient credible evidence on the record as a …
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… by the trial judge "are considered binding on appeal when supported by adequate, substantial and credible evidence." … findings unless convinced "that they are so manifestly unsupported by or inconsistent with the competent, relevant … negligent. We accept the fact-finding and credibility determinations of the trial judge and agree with his legal …
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… STATUS WAS ARBITRARY, CAPRICIOUS AND UNREASONABLE, UNSUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD, AND NOT FAIRLY … to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … from an Administrator's review of an ICC custody status determination (continued) 8 A-5620-17T1 intended to commence …
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… JAIL. B. NEITHER STATE V. JOE[3] NOR STATE V. HERNANDEZ[4] SUPPORT DEPRIVING MR. ARRINGTON OF THE JAIL CREDIT IN …
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… N.J. 428, 443 (2011) (noting that the doctrine finds its support in our State Constitution and the goal "'that all …
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… pursuant to N.J.S.A. 43:21- 16(d). Burd appealed that determination. Although a hearing commenced before the Appeal … capricious, or 6 A-0531-17T1 unreasonable, or [] not supported by substantial credible evidence in the record as …
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… constitutes excusable neglect; no facts in the record supported the judge's finding that SABA consulted with … considerations"). We note initially that a trial court's determination granting or denying relief under Rule 4:50-1 is …