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… of a plea at the "lower range of one of the charges" supported the PCR court's finding that counsel "was … a claim for PCR, courts should not rely solely upon unsupported allegations that a defendant would have rejected a … (1973)); R. 3:22-4(b)(2)(C). Affirmed. 2 In light of our determination on the merits of defendant's PCR claim, we need …
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… that Daggett is not disqualified under RPC 1.8(k). In support of his argument, plaintiff submitted a certification … in criminal matters in Sussex County. A trial court's "determination of whether counsel should be disqualified is, as … See Supreme Court of N.J., Administrative 6 A-0113-18T2 Determinations in Response to the Report and Recommendation of …
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… standard of review. Our "review of a commitment determination is extremely narrow and should be modified only … We give the utmost deference to the reviewing judge's determination, as these judges are "specialists" in Sexually … 162 (1964)). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… there is substantial credible evidence in the record to support them. N.J. Div. of Youth & Fam. Servs. v. E.P., 196 … been derived entirely from premarital funds. This was amply supported by the evidence presented by defendant. There was …
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… whether the record contains sufficient credible evidence to support the judge's findings. State v. Lamb, 218 N.J. 300, … there exists sufficient credible evidence in the record to support the judge's findings, which we will not disturb. As …
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… a short letter brief with no certification or exhibits in support of his position. Plaintiff does not dispute that … II. We give no deference to a trial court's legal determinations when no issue of fact exists. Templo Fuente De … N.J. Const., Art. VI, sec. 2, par. 3, . . . ."). We see no support for plaintiff's argument that the Court intended …
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… hearing, the State cited case law – in particular Witt – to support its position, and at no point before or after the … need not consider whether the judge's factual findings were supported by the record. See Rowe v. Mazel Thirty, LLC, 8 …
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… overwhelming evidence to the contrary, which, if believed, supported defendant's claim there was no deception, no undue … and expressed a desire to help defendant and her children. However, the situation changed toward the end of … if "sufficient credible evidence in the record as a whole supported all aspects of the jury's verdict." Kozma v. …
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… operation principle; 3. Structure and composition including supporting accessories; 4. Intended Uses and … public of potential risks and injuries. 10 A-4355-17T1 In support of the request for further discovery, Kline's …
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… omitted). Moreover, the nature of a probable cause determination "does not require the fine resolution of … even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether the evidence supports a reasonable belief in guilt." J.M., 182 N.J. at …
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… finding that plaintiff had sufficiently pled facts to support substantive due process claims under the state- … AND SWORN AFFIDAVITS PROVIDED BY THE [COUNTY] IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT[.] We review a … plaintiff. Plaintiff's contentions to the contrary are unsupported. We conclude that the record lacks competent …
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… for Drug Court on defendant's behalf. The record supports the court's determination defendant is legally ineligible for a Drug Court … established in the 2019 Manual are inapposite to our determination of defendant's PCR claim, however, because …
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… be 'remand[ed] . . . for an evidentiary hearing and a determination of defendant's claim.'" Merely raising a claim … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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… Wilhelm's testimony and all the materials relied on in support of the position that Wilhelm engaged in fraud. I. … Wilhelm administratively appealed the Division's determinations. Initially her appeals were dismissed as … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue." Utley v. 7 …
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… it is "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … Prison, 81 N.J. 571, 579-80 (1980)). When making that determination, we consider: (1) whether the agency's action … bound by the agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Carter, 191 …
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… of Court require—and cannot do so informally in a brief supporting a motion for reconsideration; the judge failed to … dismiss a complaint for failure to state a claim in a brief supporting its motion for reconsideration of a restoration … This is meant to ensure "that the court makes its own determination of the matter." Ibid. (citations and internal …
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… was not barred under these Rules, defendant failed to support his petition with credible evidence to establish his … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Id. at 547 (quoting State v. …
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… any claim arising out of the agreement. Blade's motion was supported by two copies of the contract, which was a form … "De novo review applies when appellate courts review determinations about the enforceability of contracts, … Blade offered no certification from its representative in support of the motion, relying only on the two versions of …
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… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … where he would have rejected the plea offer. The record supports Judge Donohue's findings in this regard. We also … sentencing claim was "not an appropriate issue for determination on a petition for PCR." Any such claim of …
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… defendant filed a motion to withdraw his plea. In his supporting certification, defendant alleged he "steadfastly … it noted "[t]he pronouncements made by this Court clearly support that the exemption applies to possessing weapons …