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njcourts.gov
… sought to withdraw his guilty plea. He argued, without a supporting certification, that at the time of his plea … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… the following facts from evidence the parties submitted in support of and in opposition to the summary judgment motion. … was established. Plaintiffs therefore claim that the determination of these issues should be made by a jury. We … we discern no grounds to disturb the motion court's determination that defendants were entitlement to qualified …
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njcourts.gov
… hunters, trappers[,] and fishermen throughout the State and support local chapters at the [C]ounty level."1 The … the judge further reasoned that "[Appellants'] offer[ed] no support, nor can the [c]ourt find any, for the position that … "Nevertheless, 'if the complaint states no claim that supports relief, and discovery will not give rise to such a …
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njcourts.gov
… Civ. No. 02-3193 (D.N.J. Sept. 28, 2005). 8 A-1471-24 support of his motion, defendant argued his conviction on … because the indictment alleged only one unlawful purpose in support of count eighteen – killing the victim of the felony … purpose for which defendant possessed the weapon. In support of his claim, defendant's brief cited State v. …
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njcourts.gov
… vacate the default judgment and requested oral argument. In support of his motion, he certified that although he … plaintiff 5 A-1772-24 provided "little or no evidence" to support her claims; (3) the June 30, 2023 text sent by … nor has defendant specified which subsection he contends supports his arguments. The record, however, informs our …
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njcourts.gov
… pleading guilty to a third[-]degree crime." In a brief in support of the petition, defendant's PCR counsel claimed … 518, 540 (2013)). We defer to the PCR court's credibility determinations of witnesses the court had the opportunity to … Although we give deference to the factual and credibility determinations of a PCR court, we review its legal conclusions …
njcourts.gov
… filed a motion to compel the sale of the property. In a supporting certification, Norma averred that the closing … . . to sign the closing documents on behalf of Sally." In a supporting certification, Norma I.'s attorney stated Sally … occupied it as principal marital residence[,] raised her children there[,] and owns the property next door." [E]quity …
njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … courts should reverse only when the trial court's determination is 'so clearly mistaken that the interests of … is predicated upon a "purely legal question," that determination is reviewed de novo. Twiggs, 233 N.J. at 532. …
njcourts.gov
… this action are 5 insufficient, because they must be supported by allegations of “further acts.” Penwag Property … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted.” Id. … to be issued by plaintiff was being utilized to obtain a determination of a genuine controversy existing between …
njcourts.gov
… Based on the evidence presented and his credibility determinations, the judge also found comments made by the … satisfied the record contains ample credible evidence to support Judge Sceusi's finding defendant was guilty of all … testimony elicited at the municipal court trial. In support of his argument, defendant relies on Stein for the …
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… filed motions for reconsideration and to vacate the FRO, supported by identical certifications. J.M.A. certified he … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … calculated. Id. at 336. We agree with the trial court's determination that Mancini is distinguishable here. Unlike the …
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… uncontradicted evidence that, if accepted as true, would support a jury decision that Arakaki deviated from the … the evidence adduced at trial and making credibility determinations. As to the quantum of damages, the court … trial is limited. We must defer to the judge's factual determinations, so long as they are supported by substantial …
njcourts.gov
… 5 A-1878-21 failed to raise any specific allegations supporting his ineffective assistance of counsel claims … Because defendant failed to establish a prima facie case in support of PCR relief, the judge concluded he was not … bedroom. We next address defendant's PCR contentions in support of his ineffective assistance of counsel claims. To …
njcourts.gov
… an opportunity to oppose the certifications of counsel supporting plaintiff's motion, and the fees awarded to … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …
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… any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … asserting a claim that lacks the legal or evidential support. "[U]nder Rule 1:4-8, an assertion is deemed … when 'no rational argument can be advanced in its support, or it is not supported by any credible evidence, or …
njcourts.gov
… to the statement of undisputed material facts NJCU filed in support of its motion but 1 Plaintiff's notice of appeal … or allegations without affidavits or other evidentiary support, never moved to compel more specific answers to … respond to NJCU's statement of material undisputed facts in support of summary judgment. The consequence of that failure …
njcourts.gov
… case because plaintiffs did not have an expert witness to support their claim. On March 31, 2022, plaintiffs opposed … Stawicki's counsel submitted his certification in further support of the summary-judgment motion and "to bar the … pages. According to counsel, none of those documents "support[ed] the position that the majority of Mostaghimi's …
njcourts.gov
… There was sufficient credible evidence in the record to support the judge's finding that defendant left the scene of … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the [Law Division's] findings." State v. Robertson, … of the [municipal] judge'" to make credibility determinations. State v. Adubato, 420 N.J. Super. 167, 176 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… finding that plaintiff failed to produce adequate proof to support its claim that it was entitled to a higher rent. … also contends the Board's reliance on a 1995 rent determination letter was barred by a ten-year statute of … Secretary investigated the matter and found the last rent determination letter for apartment three had been issued in …