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… of his [or her] identity is essential to assure a fair determination of the issues." Because defendant did not … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … what he or she deems are the most effective arguments in support of their client's position. Id. at 516. We have …
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… transcript of the proceedings before the New York court to support his claim. Appellant concluded his letter by …
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… those motions noted defendant had failed to properly support his factual allegations with competent …
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… for PCR. On March 21, 2016, he filed a certification in support of the petition. Defendant argued that despite his …
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… must not be arbitrary, capricious, or unreasonable, or unsupported by credible evidence in the record. Henry v. … had the authority to overrule the ICC, the record does not support his decision to deny Eli full minimum custody … status was arbitrary, capricious, and unreasonable, and unsupported by credible evidence in the record. Reversed and …
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… COURT ADMITTED EXPERT OPINION. POINT IV THE TRIAL COURT'S DETERMINATION THAT [G.P.] POSES A THREAT TO THE HEALTH, … "set aside a trial court's forfeiture ruling when it is not supported by sufficient credible evidence." State v. … case, we have no reason to disturb Judge Firko's reasoned determination that G.P.'s continued possession of his weapons …
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… record, we conclude that the trial court's decision was unsupported by the record and was inconsistent with … of proof is by clear and convincing evidence.). M.C. had a supportive family member ready to take him into her home and …
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… Division. Plaintiff filed a motion for summary judgment supported by the certification of Lucas Jon 3 A-0544-16T1 …
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… Alnesa Mallory appeals from a May 31, 2016 final agency determination of the Civil Service Commission (Commission) … appeal, petitioner argues that the ALJ's findings were not supported by the evidence. Petitioner also contends the … L. Ed. 2d 245 (1980)). We give deference to an agency's determination unless the decision is arbitrary, capricious, or …
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… respondent submitted a request for attorney's fees with supporting certifications. CURE filed opposition. In orders …
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… issued its final agency decision. The Board upheld the determination defendant had seriously violated the conditions … expressed by the Board. The Board's final decision is supported by sufficient credible evidence on the record as a …
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… to the trial judge and reverse only if the judge's determination amounts to a clear abuse of discretion. Ibid. An … policies, or rested on an impermissible basis." Ibid. In support of the motion to vacate, defendant relied on …
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… of the resentencing hearing: In short, we find no basis to support aggravating factor one. The balance of defendant's … sentence based upon a fact not submitted to the jury for determination beyond a reasonable doubt violates a criminal …
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… Such "bald assertions" of ineffectiveness are inadequate to support a prima facie claim. State v. Cummings, 321 N.J. …
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… its inaction was palpably unreasonable. In its brief in support of the summary judgment motion, Montclair asserted … the dangerousness of the alleged condition, but added a determination that there was insufficient evidence to suggest …
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… statute." In denying defendant's request for discovery to support his contention that he received a disparate sentence …
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… to plead "sufficient and essential facts" necessary to support the causes of action plaintiff put forth and thus …
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… discovery, defendants moved for summary judgment. In support of the motion, Ryan Spreen certified that defendants … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, …
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… counsel on which Electrical so heavily relies does not support the contention American promised to pay for the work …
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… the commissioner determines, after either an initial 29 determination as a result of an audit of a business or an … 19 employer may present evidence and make any arguments in support of 20 their respective positions on the imposition …