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… indicted , nor had the State extended any plea offers. In support of its applications, the State contended the matter …
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… to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In determining … (Cleary ed., 3d ed. 1984)). Conversely, if evidence does support the existence of a specific fact, even obliquely, it …
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… to be viewed as untimely. Despite the indisputable evidence supporting Liberty's position, the motion judge found … found Liberty filed an untimely motion to vacate, unsupported by a responsive pleading, in violation of the … A-4231-16T3 shows that notwithstanding the motion judge's unsupported factual findings, defense counsel's January 17, …
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… PROHIBITED HER AUTOMATIC RENEWAL AND THE COMMISSIONER'S DETERMINATION THAT HER 1 Richardson has not filed an appeal. 5 … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at … 6 A-1572-16T3 interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
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… We add, defendant did not present a prima facie case in support of his PCR application by demonstrating a reasonable …
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… Murphy has not established that the Commission's determination was arbitrary, capricious, or unreasonable, or that it lacked fair support in the record as a whole. Karins v. Atlantic City, …
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… court also determined substantial evidence in the record supported the trial court's findings concerning aggravating …
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… filed a motion to reinstate the case to active status. The supporting certification was similar to the one submitted to …
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… why plaintiff had no "further treatment": her work and children; and that she was hit from the rear in 2010 but in … injured body part. Such evidence provides essential support for the pled theory of a plaintiff's cause of action …
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… received the notification or was aware of said penalty determination until February 1, 2017, when the notification … petitioner's request for a fair hearing was untimely is supported by sufficient credible evidence on the record as a …
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… by engaging in the construction contract. 7 A-3256-16T2 In support of that motion, E & V's counsel certified that E & …
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… of the PTI denial. However, she does not state in her supporting certification that she ever made such a request …
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… on the defendant's "establishment of a prima facie case in support of post-conviction relief . . . ." R. 3:22-10(b). This requires "a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… noting that Said had not cited any case law on point to support that claim. He also found that Frisina did not …
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… court's factual findings "so long as those findings are supported by sufficient credible evidence in 4 A-3472-16T1 … We owe no deference, however, to the trial court's legal determinations, which we review de novo. State v. Coles, 218 … or her knowledge is not known. Even in a probable cause determination, however, the basis of knowledge may be …
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… capricious, or unreasonable, or that it lacks fair support in the record.'" R.S. v. Div. of Med. Assistance & …
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… Substantively, the court found there were no facts to support that plea counsel had been ineffective. II On … because he will be separated from his fiancée and three children. We concur with the PCR court that defendant's … showing' that an error or violation 'played a role in the determination of guilt.'" State v. Nash, 212 N.J. 518, 547 …
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… say that one of the victim's was a police officer was not supported by the record. At sentencing, the judge said that …
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… are satisfied that the denial of the motion to suppress was supported by the credible evidence in the record. We affirm. …
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… to a trial court's fact findings on a Miranda motion, if supported by sufficient credible evidence. Hreha, 217 N.J. …