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… fact-finding by relying on his prior convictions to support its imposition of the extended term sentence under … verified petition refers to a pro se brief submitted in support of his initial petition. The brief is not included … aid, its finding of the aggravating and mitigating factors supporting the sentence were based solely on defendant's …
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… Home Health Aide for the past six years," had "four children in [her] custody, and [was] expecting" a fifth. … Defendant appealed the denial to the trial court. In a supporting certification, defense counsel stated that … officer who was also the grandfather of one of defendant's children. In response, the State acknowledged considering …
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… to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as … 17:22A-40(a)(2), (4), (8). There was unrebutted evidence to support the charges that appellant violated the regulations, … default. However, there is nothing in the Act that would support the imposition of the maximum civil penalty just …
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… work authorization and worked steadily. He has three grown children and one grandchild, all United States citizens. In 2018, Gustavo … PCR petition if he or she establishes a prima facie case in support of PCR. To establish a prima facie case, a defendant …
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… an end in itself. Rather, it is a factor in the court's determination whether there is a reasonable probability that, … the totality of the evidence in making its prejudice determination. . . . . The testimony of [the Walgreens … and interviewed there is nothing before the court that supports a finding that the manager would have had any …
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… N.J.S.A. 30:4- 123.53 (amended 1997). In making its determination, the Board must consider all pertinent factors, … with respect to aggravating and mitigating factors were supported by information presented in a panel interview, … 6 A-4335-18T1 The detailed reasons given by the Board in support of its decision amply demonstrate that it did not …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and 7 A-1006-18T2 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… for a thorough and efficient education for public school children. The Department was asked to forgo collecting any … not assert a well settled legal right because it failed to support its position with legal authority. The ALJ found the … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
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… dating for approximately eight years. They do not have any children together. Plaintiff was hospitalized for a period … "did not make findings of fact and conclusions of law" in support of his decision, and "did not find that [plaintiff] … and "[c]ommon sense and experience may inform that determination." Hoffman, 149 N.J. at 577. Because direct proof …
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… a reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … the pleading; (3) the factual allegations are adequately supported; and (4) factual denials are warranted. R. … or where no rational argument can be advanced in its support[.]" (quoting United Hearts, L.L.C. v. Zahabian, 407 …
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… pleading guilty and continuing through sentencing." In his supporting 4 A-2065-18T2 certification, defendant averred … N.J. Super. at 170. Judge Caulfield's findings are fully supported by the record and her conclusions are consistent … sentence would not have made sense. This finding is amply supported by the record. Moreover, defendant did not appeal …
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… He found "no evidence of any mental health deficiencies" to support the argument his mental health issues impaired him, … at, and kill, the victim. The judge found no evidence to support defendant's claim the gun accidentally discharged … at the plea or sentencing phases, or in the PCR petition to support the claim defendant's mental health impacted his …
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… assistance of counsel. First, his certification in support of PCR alleged his trial counsel provided … only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … by these principles, we disagree with the PCR judge's determination that defendant's claims that counsel provided …
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… 2 A-1182-16T2 Petitioner Paul Mattia appeals from a final determination of the Board of Trustees ("Board") of the Police … injuries are the subject of the Board's July 13, 201[5] determination [that Mattia is totally and permanently … is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., 431 N.J. …
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… BETWEEN THE TRIAL ATTORNEY AND DEFENDANT IS MATERIAL TO A DETERMINATION OF WHETHER DEFENDANT'S GUILTY PLEA WAS "FORCED." … the suppression motion. We are satisfied the record fully supports the conclusion defendant failed to meet both prongs … would have elected to proceed to trial. In the absence of supporting certifications or affidavits, it was proper for …
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… the advice of competent counsel and that the pleas were supported by adequate factual bases. Finally, defendant … hearing only when he "has presented a prima facie [case] in support of [PCR]," that a defendant "must demonstrate the … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. "However, a defendant is …
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… five-and-one-half-year delay in contacting Maradonna "support[ed] a finding that the Division did not act … to the ALJ's decision. The Board issued a final determination adopting the ALJ's factual findings and legal … the following points on appeal: [I.] THE PERS BOARD'S DETERMINATION THAT [MARADONNA] CONTINUED AS AN ACTIVE PERS …
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… there was substantial credible evidence in the record to support the trial judge's order that it would be contrary to … maintained J.K.'s expressed concern for his safety was not supported by the evidence. The judge pointed out that if … jeopardy if J.K. is allowed to purchase a gun and a PTC is supported by his credibility findings. We are not "convinced …
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… retain an expert psychological examination in the field of childhood sexual abuse; (2) consult a "clinical brain … only if the defendant makes a prima facie showing in support of the requested relief, State v. Preciose, 129 N.J. … evidentiary hearing, we review [their] legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… and (4) the Authority's "factual findings were not supported by substantial evidence in the record." Appellate … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls …