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njcourts.gov
… claims if a defendant has presented a prima facie claim in support of PCR and the facts supporting the claim are outside the trial record." State v. … robbery and second-degree robbery, as both charges were supported by the trial evidence. As noted, the State …
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njcourts.gov
… retirement benefits. The Board reaffirmed its prior determination that petitioner was "totally and permanently … "verified that it was a problem with the levers" was "not supported by any evidence in the record" and was … law. II. Our review of an administrative agency determination is limited. Allstars Auto Grp., Inc. v. N.J. …
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njcourts.gov
… IS BOTH ARBITRARY, CAPRICIOUS, OR UNREASONABLE AND IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE. (Not raised below). A. … fair hearing was not followed. II. Our review of DMAHS's determination is ordinarily limited. Barone v. Dep't of Hum. … with the responsibility of implementing legislative determinations."); see also Wnuck v. N.J. Div. of Motor …
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njcourts.gov
… was engaging or about to engage in criminal activity." In support, the judge pointed to the fact that "[d]efendant's … B. There Was No Credible Evidence In The Record To Support A Finding That The Officer Smelled An Odor Of … court's decision so long as those 9 A-2525-20 findings are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… of prong two and make additional findings of fact that support a determination either that the prong has been satisfied, or … and freely given. The evidence and facts do not support any inference of consent. Referencing defendant's …
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njcourts.gov
… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … assertions' in certifications without explanatory or supporting facts will not defeat a meritorious motion for … tax map of the Township. . . ." These findings are amply supported by the record. Nevertheless, plaintiff contends …
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njcourts.gov
… 8 A. There Was No Credible Evidence in [t]he Record [t]o Support [a] Finding That [t]he Officer Smelled the Odor [o]f … S.S., 229 N.J. at 381. No deference is owed to the legal determinations of the trial court, which are reviewed de novo. … "Probable cause . . . requires 'a practical, common sense determination whether, given all of the circumstances, "there …
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njcourts.gov
… In that decision, the Board affirmed an Appeal Tribunal determination that petitioner was obligated to refund the … her she had to submit in writing any appeal of that determination within seven days after delivery of the notice … it in an April 7, 2022 decision. In her merits brief in support of this appeal, petitioner argues she was entitled …
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njcourts.gov
… on appeal. Finding no merit to the arguments presented in support of plaintiff's appeal, we affirm. I. In October … further directed that 5 Defendant's notice of motion and supporting papers sought an order "barring" plaintiff's … a judgment dismissing the claim as a matter of law and supported the motion with an affidavit of counsel setting …
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njcourts.gov
… based upon a violation of N.J.S.A. 39:3-74. Id. at 380. In support, we held that A-1767-22 3 statute "prohibits the use … that the car's tinted windows violated N.J.S.A. 39:3-74. In support, he contends the State failed to present evidence … reach this conclusion because the record lacks sufficient support to evaluate the extent of law enforcement's reliance …
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njcourts.gov
… issued its final agency decision (FAD), affirming the determination of DeSimone's ineligibility. The Commission … the appointing authority provided sufficient information to support the decision to remove an applicant from the … balanced the relevant interests. II. Our review of a "determination regarding the common law right of access is de …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … knowledge "that the condition had been present for years" supports BCC having constructive notice because he was a …
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njcourts.gov
… noted those conditions "were the minimum that would support approval." The Commission memorialized its decision … an amusement park." It further contends the Commission's determination that the "sale of solely pre[-]packaged food … a "record or understanding" explaining the basis for its determination, leaving appellant "to explain only why it …
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njcourts.gov
… on the sanction. After reviewing the papers submitted in support of and in opposition 2 The New Jersey Arbitration … U.S., 397 N.J. Super. 614, 623 (App. Div. 2008). "[F]ee determinations by trial courts will be disturbed only on the … there were sufficient facts supporting the court's determination to sanction plaintiffs and the remainder of the …
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njcourts.gov
… facts of his representation of . . . defendant," and was "supported by other evidence, particularly the testimony of . … HIS APPELLATE PCR I BRIEF. 8 A-2225-22 II. A "PCR court's determination to proceed without an evidentiary hearing," is … Rule 3:22-5. 4 Defendant does not appeal the PCR judge's determination that his IAC claims against first PCR counsel …
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A-64-24 ACLU Amicus Curiae Brief Letter
Briefs
njcourts.gov
… based on newly discovered evidence is limited to a determination of whether the proffered evidence has been … defendant’s diligence in discovering the evidence and a determination of whether the proffered evidence is likely to … reason to reject the State’s approach, and, indeed, provide support for this Court to err on the side of finding …
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njcourts.gov
… will rely upon oral argument and the attached brief in support of this Motion. /s/ Monika Mastellone Monika … accept this letter brief in lieu of a more formal brief in support of the defendant’s Motion to Preclude Financial … into evidence of an expert's conclusions that are not supported by factual evidence or other data.’ The rule …
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njcourts.gov
… with the murder case. Because defendant makes arguments in support of this appeal that are identical to arguments he … may raise self-defense as an issue if there is evidence supporting it." Id. at 606. Defendant claims that it was … motion, other than to object to this [c]ourt's determination that this issue has already been adjudicated on …
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njcourts.gov
… if he was competent and fit to stand trial. The court supported its order with a twenty-page written opinion, … Ibid. We noted the facts supported the trial judge's determination that Snell understood his position regarding the … the contrary, Gorthy and Snell instruct that a competency determination is fact specific. See Gorthy, 226 N.J. at …
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njcourts.gov
… performed and the amount charged for the legal work. In his supporting certification, plaintiff's counsel stated his … on various tasks and providing inadequate documentation in support of the fee application. On May 15, 2025, the judge … information, and the court [wa]s thus unable to make any determination on the background and experience of those other …