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njcourts.gov
… even if it had existed. The application simply lacked any support that made it appear more than a fishing expedition. … prima facie case in support of post-conviction relief, 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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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … The trial court considered these, finding that they supported the reliability of the victim's eyewitness … That claim is not supported. Our review of a sentencing determination is limited. See State v. Roth, 95 N.J. 334, …
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njcourts.gov
… Const. art. IV, c1.2). A. The Court Failed To Make A Determination Of [Defendant's] Ability To Pay, As Required by … of misidentification arose. The court's findings, supported by the record, should not be disturbed. The … and recollect, and whether the witness's testimony was supported or unsupported by other evidence. See Model Jury …
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njcourts.gov
… re Commitment of Raymond S., 263 N.J. 1 In light of this determination, and for the reasons discussed at the end of … application to commit an individual to treatment "shall be supported by the oral testimony of a psychiatrist on the … a matter of significant public importance warranting our determination of abstract legal issues where there is no …
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njcourts.gov
… temporarily remanded the matter to the trial court for a determination on defendant's fee application. Pursuant to our … a new trial, arguing that there was sufficient evidence to support his claims and that the verdict in defendant's favor … The court added that it could not make any credibility determinations, as that was the function of the jury, and that …
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njcourts.gov
… broke and damaged beyond normal wear and tear." In support of his finding defendant lacked credibility, the … damaged the unit. Likewise, the judge found no evidence to support defendant's claims plaintiff broke or damaged the … In sum, the judge found defendant's evidence did not support his allegations "plaintiff broke or damaged the …
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njcourts.gov
… or bad faith. Read in isolation, that sentence could support indemnification here, as Boyle argues and the … this Court affords no special deference to the legal determinations of the trial court.” Templo Fuente De Vida … in the case of a settlement -- i.e., absent a judicial determination regarding misconduct or bad faith -- the third …
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njcourts.gov
… trial counsel's failure to investigate the claim was not supported by specified competent evidence that "would have … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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njcourts.gov
… is to be divided by two. The Board posited there was no support for plaintiff's argument that the ordinance intended … of the block" is unreasonable, 12 A-2220-21 improper and unsupported by sound planning principles; and (4) … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, …
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njcourts.gov
… only [for a] de minimis traffic violation, which could not support [the] stop because [the] stop was clearly pretextual … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … 398 (2022). However, we are not bound by a trial court's determination of a strictly legal question. See State v. …
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njcourts.gov
… with his cousin . . . to pick up [his cousin's] two young children at the home of the children's father, Benjamin … neither submitted a sworn certification nor an affidavit in support of his PCR petition. Based on defendant's unsworn … an evidentiary hearing, we review its legal and factual determinations de novo.'" State v. Vanness, 474 N.J. Super. …
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njcourts.gov
… in May 2013. J.W. resided in Audubon with his wife and two children. J.W.'s brother, M.W., also resided in Audubon with … found Dr. LoPreto's "testimony to be more persuasive and supported by the facts and the records in this case." … 29, 48 (2008). 14 A-0249-24 II. Our review of an agency determination is limited. Russo v. Bd. of Trs., PFRS, 206 N.J. …
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A-79-24 - Amici Curiae Brief IFPTE Local 195
Briefs
njcourts.gov
… Attorneys for IFPTE Local 195 EAST ORANGE EDUCATIONAL SUPPORT PROFESSIONALS’ ASSOCIATION AND EAST ORANGE … of the N.J.S.A. 18A:7F-9. Because it never supported its determination to reverse the Chancery Division and vacate the … bring the same experience and competence to bear upon the determination of a grievance, because he cannot be similarly …
njcourts.gov
… in the amount of $15,715.43 based on a fee arbitration determination (fee award) of the District XIII Fee Arbitration … an order denying plaintiff's application for an OTSC supported by an oral opinion and a brief written statement … jurisdiction to review a fee arbitration committee determination. It has long been established that the Law …
njcourts.gov
… denied. The judge's opinion aligned with the chief's determination 7 Appellant's brief incorrectly states that the … bound to accept the trial court's fact findings if they are supported by substantial credible evidence. In re Return of … N.J. Super. 524, 535 (App. Div. 2004). In reviewing such determinations, we accept the trial court's fact findings so …
njcourts.gov
… The petition must allege specific facts sufficient to support a prima facie claim. Ibid. It must also present such … only when a defendant establishes a prima facie case in support of PCR; the court determines 6 A-3153-20 there are … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
njcourts.gov
… our review of the record, we find the judge's decision is supported by substantial credible evidence and is consistent … efforts to mitigate damages. II. In reviewing a judge's determination whether to pierce the corporate veil, we are … bound by the judge's factual findings so long as they are supported by substantial credible evidence. See Marioni v. …
njcourts.gov
… was entered, defendant moved to vacate the default. In her supporting certification, defendant stated that beginning in … presence of a meritorious defense worthy of a judicial determination." Judge Hansbury turned to defendant's 5 … review warrants substantial deference to a trial court's determination on a motion to vacate a default or a default …
njcourts.gov
… of the judgment and for recusal of the motion judge. In support of his recusal motion, defendant argued the judge … was required to file a statement of undisputed facts in support of its motion for summary judgment in accordance … Div. 1970). The mere suggestion of bias is insufficient to support a Rule 1:12-2 motion—the cause of disqualification …
njcourts.gov
… counsel that it reviewed defendant's application and supporting documents for admission but decided it would not … to provide extraordinary and compelling circumstances in support of admission into the PTI program, the Prosecutor's … we cannot second-guess the Prosecutor's Office in its determination to give certain factors certain weight. Here, …