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… net, and Holzhauer's report provided a sufficient basis to support the Township's adoption of Resolution 6-1, we … An expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" … courts focus on whether there was substantial evidence to support the decision. See Concerned Citizens 12 A-3063-17T1 …
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… participatory [sic]. The record is void of any evidence to support the contention that defendant retained any interest … and the items seized simply [wa]s far too attenuated to support a constitutional right to object to the search and … no longer was an issue, but claimed exigent circumstances supported the warrantless search of the minivan at the …
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… together with the legitimate inferences that the evidence supports. R. 4:37-2(b); Dolson v. Anastasia, 55 N.J. 2, 5-6 … the appellate court accepts those findings whether they support a decision in favor of the plaintiff or the defendant, if the findings are supported by substantial credible evidence. R. 2:10-1; Rova …
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… assigned PCR counsel filed a supplemental PCR petition and supporting brief, arguing that trial counsel "failed to … pleas in both cases." PCR counsel also submitted a supporting affidavit in 6 A-1968-16T3 which defendant … so "that the result would have been different." To support its finding, the court pointed out that defendant …
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… for failure to state a claim for relief. R. 4:6-2(e). In support of the motion, the State provided the Passaic and … The American Civil Liberties Union (ACLU) intervened and supported the State's motion. The judge accepted that … to amend the complaint to allege additional facts that support the legal theory pled in the complaint. Hoffman, 405 …
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… a claim on which relief can be granted. See R. 4:6-2(e). In support of the motion, Ford filed a brief arguing [t]he … including his obligation to preserve evidence he believed supported his legal claims against Ford. In addition, the … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
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… decision of the Board of Review (Board), which upheld a determination of the appeal tribunal that TZ's former … good cause attributable to the work. Oh appealed that determination to the appeal tribunal, which mailed a "Notice … help, but it was not provided. Oh called two witnesses in support of his claim, H.M. and G.F.1 H.M. testified that he …
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… In any event, the record is bereft of any evidence supporting defendant's current remand request. It is … affirming the SCPO's rejection of his PTI application. "A determination for suitability and participation in the 2 … defendant's contention that the 2014 Clarification provides support for his admission to PTI because the 2014 …
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… THE JURY; MOREOVER, EVEN IF IT WERE, THE RECORD DOES NOT SUPPORT THE CLAIM OF THE STATE, AND THE PROSECUTOR'S … hearing if the defendant presents a prima facie case in support of PCR, there are material issues of fact that … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… § 1701X(c)(5). Plaintiff moved for summary judgment. The supporting certification of Dawn M. Bechtold, a banking … of standing, defendant failed to provide specific facts in support of her affirmative defenses in violation of Rule 4:5-4. Accordingly, the judge held the unsupported affirmative defenses were insufficient to …
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… the ALJ issued an initial decision affirming CCBSS's determination. The ALJ found that L.K. failed to timely … necessary verifications for CCBSS to make an eligibility determination. The ALJ rejected L.K.'s contention that … with corroborative evidence from pertinent sources in support of their application for eligibility. In this case, …
njcourts.gov
… and unreasonable; and (3) the findings of guilt were unsupported by substantial credible evidence in the record. … the agency's conclusions). However, "'although the determination of an administrative agency is entitled to … 382 N.J. Super. at 23-24. "[A] prison administrator's determination not to give a prisoner a polygraph examination …
njcourts.gov
… with prejudice." The judge decided to hear argument in support of defendant's cross-motion first: DEFENSE COUNSEL: … the statute. In response, plaintiff's counsel noted that to support his motion to amend the complaint, he had attached … a duty to make findings of fact and to state reasons in support of their conclusions." Heinl v. Heinl, 287 N.J. …
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… is "a presumption of validity with respect to the affidavit supporting the search warrant." State v. Broom-Smith, 406 … we "accord substantial deference to the discretionary determination resulting in the issuance of the [search] … of the tip' and is considered 'an essential part of the determination of probable cause.'" Keyes, 184 N.J. at 556 …
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… considered, and there were cumulative errors. Defendant supported the failure to investigate claim with a … May 7, 2015 certification from James Jordan III (Jordan) in support of his PCR petition. Jordan claimed that he was … an investigation in this matter, there's nothing that supports it. And for the record, I want to make it clear …
njcourts.gov
… opinion, we detailed evidence presented by the State to support defendant's conviction, which we incorporate by … In our review, we defer to the motion judge's findings if "supported by sufficient credible evidence in the record." … of the record, we discern no basis to interfere with determinations of the PCR judge denying defendant's PCR …
njcourts.gov
… noted that in November 2012, it made a classification determination that Lang was performing first-level supervisor … court "should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
njcourts.gov
… DECISIONS OF THE APPELLATE DIVISION AS PRINCIPAL SUPPORT FOR GRANTING THE MOTION TO DISMISS VIOLATED R. … a compendium of unreported Appellate Division decisions supporting the dismissal. In doing so, the court erred by … several years. The Court concluded that "the record amply supports the trial court's finding that NJM's conduct lulled …
njcourts.gov
… her car, but was still on school property when she fell. In support of that testimony, 4 A-1211-16T3 Bowman submitted a … result of Ms. Bowman's regular or assigned duties and his determination that Ms. Bowman had satisfied the statutory … no facts in the record that would support that finding. Determinations that are "predicated on unsupported findings …
njcourts.gov
… the altercation. It further contends that Harmon only supports a defense to unlawful possession "in those rare and … the event the State tries the case again, and the evidence supports defendant's contention as it did at trial, the … of unlawful purpose even though it would not be adequate to support the justification defenses of self-defense or …