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… years after defendant's 2001 conviction, and there was no support for defendant's contention the Court's 2003 decision … PCR claim is premised on a factual assertion that finds no support in the competent evidence. Defendant argues his …
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… knew Newmones because he was the father of her sister's children. Lamb testified that she gave Newmones two … findings based on live testimony so long as they are supported by "sufficient credible evidence in the record." … law and fact, [this court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … (App. Div. 1999). However, we review the trial court's determinations on legal issues de novo. In re Pantano, 428 … proof of fraud against" BANA. The record supports that determination. Defendant has not provided any evidence or …
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… and discuss options such as trial." To 7 A-2766-19 support his amended petition, defendant certified although … barred, defendant failed to make a prima facie showing in support of his ineffective assistance of counsel claim. …
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… County. We affirm. I. We review the OAG's administrative determination in accordance with a deferential standard of … court "should not reverse the Attorney General's determination unless it is arbitrary, capricious or 3 A-1607-20 unreasonable or it is not supported by substantial credible evidence in the record as …
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… the order under review here. 2 The Board submitted a letter supporting defendant's arguments on appeal. 3 A-0416-21 … arbitrary, capricious, and unreasonable; was otherwise unsupported by sufficient facts; violated the law; and … constitutional questions"; (2) "informal or ex parte determinations of legal questions by administrative …
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… an application with the [c]ourt for a[n] extended term." To support this argument, he certified 1 The Rule provides, in … disagree and add the following comments. Here, the record supports the judge's findings that: (1) the State filed an …
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… fundraisers to fund its law enforcement activities in support of its mission, and accepts donations on its … N.J. Super. 278, 286 (App. Div. 2013). A trial court's "determinations with respect to the applicability of OPRA are … are beyond the scope of an ordinary demand." The record supports the trial judge's finding that plaintiff's request …
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… substantive. If it is but one step in the ladder to final determination and can effectively aid a court function, it is … Moreover, ABC presented no legally competent evidence to support its claim 4 ABC's counsel indicated at oral argument … to be applied prospectively only. The caselaw ABC cites in support of this position, however, relates to substantive …
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… owners for damages caused to the common elements; that determination is inconsistent with the nature of the … elements. That investigation led to Berman & Wright's determination that water was seeping into the building and … of the [b]uildings." The section of the master deed that supports the motion judge's determination that the windows …
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… a mortgage in plaintiff’s favor. These circumstances do not support an order of partition. Instead, the court turns to … he never made a gift anything near this amount to his own children or, for that matter, to any of defendant’s … or she and plaintiff together, made a gift to any of their children anywhere near the size of what defendant claims …
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… principles" raised by defendants in their opposition "would support . . . [his] conclusions regarding the equitable … determined that the evidence presented was insufficient to support the plaintiffs' claims against the defendant and …
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… (weekly reporting) with "strict home detention," albeit not supported by electronic monitoring. The court ordered … released into the community. 11 A-2006-22 Given its well-supported finding that defendant poses a high risk to …
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… an evidentiary hearing was not required. In reaching the determination, we stated: As the PCR court determined, the record does not support defendant's claim that his attorney did not properly … referred to our 2017 unpublished opinion to support his determination that trial counsel made "sure that [defendant] …
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… the final judgment. In defendants' certification filed in support of the motion, they sought relief to "allow [them] … relevant to Rule 4:50-1(a) and made "irrelevant" and "unsupported" factual findings. Plaintiff also asserts the … v. Little, 135 N.J. 274, 283 (1994)). A court's determination under Rule 4:50-1 "warrants substantial …
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… he was instructed to report to Ralph Street to provide support to the case agent, Det. Senel. His understanding was … prior to the seizure of evidence, and the arrest was unsupported by probable cause. II. In reviewing a motion to … 175 N.J. 502, 511 (2003)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
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… was assigned PCR counsel, who filed an amended petition and supporting brief on May 1, 2020. On July 30, 2020, the PCR … have been different." 7 A-2172-20 Id. at 694. Defendant's unsupported, self-serving allegations are not sufficient to … We will uphold a PCR court's factual findings "that are supported by sufficient credible evidence in the record." …
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… (PCR) without an evidentiary hearing. We affirm the PCR determination and remand for correction of the judgment of … unless "a defendant has presented a prima facie [case] in support of [PCR]." State v. Marshall, 148 N.J. 89, 158 … into the plea by counsel. Similarly, the record does not support the claim defendant was uninformed or misinformed …
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… crime. Although the Court found it unnecessary to make a determination of this issue, the authorities referred to in … pursuant to lawful authority or legal justification cannot support a false imprisonment action. Genito v. Rabinowitz , … crime. Although the Court found it unnecessary to make a determination of this issue, the authorities referred to in …
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… a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm … to the jury, the verdict sheet should specify the jury's determination regarding each of them. Page 1 of 4 PAGE Page 2 … to the jury, the verdict sheet should specify the jury's determination regarding each of them. … Promoting Gambling - …