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njcourts.gov
… counsel to represent defendant. Counsel filed a brief in support of the petition and sought an evidentiary hearing. … on live-witness testimony if the court's findings are "supported by sufficient credible evidence in the record." … also convinced the record supports the PCR court's legal determination that defendant failed to establish that he was …
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njcourts.gov
… ESTABLISH THAT THERE WERE EXIGENT CIRCUMSTANCES THAT WOULD SUPPORT THE WARR[A]NTLESS SEARCH OF DEFENDANT'S AUTOMOBILE. … the corroboration of the unidentified detective enough to support probable cause of the search by a preponderance of … evidence to suggest the two preplanned the conversation to support the search as a result of the notice. 10 A-2354-18T2 …
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njcourts.gov
… he received ineffective assistance of counsel (IAC). In a supporting memorandum, defendant averred defense counsel, an … an evidentiary hearing, we review its legal and factual determinations de novo." Aburoumi, 464 N.J. Super. at 338. As … Trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… moved for leave to have his expert testify remotely. In support of the motion, defendant submitted an affidavit from … character of the expert's intended testimony, our review supports the trial court's characterization of the expert's … jurisdiction at the time of trial." Ibid. "In making the determination whether to permit testimony by contemporaneous …
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A-2211-22 Briefs
Briefs
njcourts.gov
… ~ "Da" refers to--Defendant’s Appendix allached hereto in support ofdet~ndant’s appeal. ~ Judge Joseph Paone, J.S.C., … On June 22, 2010, defendant submitted a certification in support of his application to withdraw his guilty plea, … court-appointed PCR counsel filed a brief and exhibit in support of defendant's petition. On May 9, 2014, the court …
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njcourts.gov
… was transacting business in New Jersey was substantially supported by the evidence in the record. Therefore, M.G. … "Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case." Id. at … we conclude there was no error in the trial court's determination that M.G. Sheridan was "transacting business in …
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njcourts.gov
… divorce action, Caputo "filed an affidavit of services in support of his request for $175,275 in legal fees and … plaintiff and defendant entered into a retainer agreement" supporting the award of counsel 5 A-3934-22 fees. Id. at 14. … "[A]ll applications for the allowance of fees shall be supported by an affidavit of services addressing the factors …
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njcourts.gov
… judgment and permit him to redeem the tax certificate. In support of his motion, Streater submitted a certification in … quotations omitted). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial … denied him relief under Rule 4:50-1(f), and remand for a determination by the trial court of: (1) whether Streater has …
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njcourts.gov
… PCR court in the pro se and PCR counsel briefs submitted in support of defendant's petition.1 We do so because defendant … 20. Incorporation of the Defendant's Pro Se arguments in support of the PCR Petition. A. Trial counsel was … Judge Shusted concluded defendant's "bald assertions" in support of this argument failed to satisfy the first prong …
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njcourts.gov
… order, which declined to revisit the numerical lifestyle determination made by the trial judge, which we affirmed in … or fifty percent from certain categories to account for the children's share of the costs, and then split the remaining … of review, we are bound to uphold a finding that is supported by sufficient credible evidence in the record." …
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njcourts.gov
… of plaintiff's application was based on numerous factors supported by sufficient credible evidence in the record. … on the property were built prior to those zoning determinations. The parties on appeal claim1 the property is … testimony, lay witness testimony, and other evidence in support of the application. The Board unanimously denied …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … evidence 14 A-2668-23 support[ing] the trial court's determination that . . . consent was voluntary under the … appellate court should reverse only when it finds that determination to be clearly erroneous.'" Williams, 461 N.J. …
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njcourts.gov
… us to reverse, contending the PCR judge's findings are not supported by the record. Having considered the record … 621-22. The PCR judge concluded defendant's claims were unsupported and contrary to the record. Id. at 622. Defendant … defendant's assertions against plea counsel [we]re now supported by the sworn statements of that same attorney," an …
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njcourts.gov
… of res judicata because the judge failed to make a "determination . . . with respect to the alleged … merits of their claims and, therefore, res judicata did not support dismissal of the third action. "'[T]he doctrine of … second action, we are satisfied the judge's 12 A-2336-20 determination constituted a final determination on the merits. …
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njcourts.gov
… of January 16, 2018. I. Our scope of review of an agency determination is limited to whether the agency's decision was "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … Prison, 81 N.J. 571, 579-80 (1980)). This includes a determination of whether the agency has followed the law; …
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njcourts.gov
… the motion and cross-moved for summary judgment. She supported her cross-motion with her certification, in which … counsel contended that newly-obtained testimony would support causes of action based on a breach of fiduciary duty … as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… AND THE COURT DID NOT MAKE SUFFICIENT FACTUAL FINDINGS TO SUPPORT CLOSURE. 1. THE VAGUE AND UNSUPPORTED ASSERTION THAT CLOSURE WAS NECESSARY TO PROTECT … (IT APPLIED THE WRONG TEST) OR MAKE FINDINGS ADEQUATE TO SUPPORT CLOSURE. B. THIS COURT SHOULD NOT APPLY THE …
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njcourts.gov
… the FELA for wrongful death and/or survival actions." In support of her case, plaintiff retained two experts. She … capable of causing lung cancer in humans." He makes that determination "by performing a literature search and … 400, 413 (2016)). We review de novo a trial judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union …
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njcourts.gov
… opening statement that defendant was going to testify. In support, defendant submitted a 2018 certification in which … [defendant's] convictions could only be considered in the determination of [defendant's] credibility or believability of … the evidence on possession anew[] and make an independent determination as to whether the State proved the element …
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njcourts.gov
… ignored the Pinelands Commission's (the Commission) determination that Jaylin's proposed development is … exceptional resource value. DEP subsequently amended its determination to consider all the property's wetlands to be of … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." …