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… medical and hospital documentation defendant provided in support of his application for a new trial stated that he … and demeanor, but otherwise make our own independent determination of whether a miscarriage of justice occurred. … To the contrary, our review of the medical records supports the judge's conclusion that defendant's health did …
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… Plaintiff argues that the Court's reasoning in Hopkins supports imposing a duty upon a real estate broker who … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … Both parties rely on the Court's decision in Hopkins to support their legal arguments. We thus begin our analysis by …
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… assertion" because defendant did not provide evidence in support of this claim. In addition, the PCR court found … of a prima facie case in support of [PCR], 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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… assertions of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. … statement "based upon personal knowledge of the declarant," supporting "[a]ny factual assertion that provides the … the State's proofs. Moreover, defendant failed to support his PCR claim with any affidavits or certifications, …
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… file a timely petition was "due to excusable neglect." In support, defendant averred, "he was unaware of his right to … could not show that any "error played a role in the determination of guilt." The judge explained: New Jersey … outcome or when inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of …
njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … credibility assessment, as long as such fact-findings are supported by "adequate, 10 A-1356-19 substantial, credible … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the …
njcourts.gov
… by the governing statutes regarding 2 Koncsol listed his children as the contingent beneficiaries for his pension … response to Koncsol's designation of beneficiary form in support of her claim that she was entitled to the survivor … we discern no basis for disturbing the Board's determination that appellant was not entitled to a survivor …
njcourts.gov
… that the findings and conclusions of the Law Division are supported by sufficient credible evidence, our "task is … cause existed for defendant's arrest for DUI was well supported by the record. Defendant's demeanor, slurred … also ample evidence in the record to support the judge's determination beyond a reasonable doubt that defendant …
njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … not in error. Defendant also challenges the trial court's determination that the officers' discovery and seizure of the …
STATE OF NEW JERSEY VS. CARLOS LOPEZ (W-2020-0947-0905, W-2020-0952-0905, W-2020-0954-0905, W-2020-0961-0905, W-2020-0968-0905, W-2020-0969-0905, W-2020-0972-0905, W-2020-0973-0905, W-2020-0979-0905, W-2020-0980-0905, W-2020-0982-0905, W-2020-0984-0905, W
Opinions
njcourts.gov
… that he will continue the crime spree that he was on to support the habit." Although defendant had many open … provides, The hearing may be reopened, before or after a determination by the court, at any time before trial, if the … that released defendant made assumptions that were not supported by the record. Defendant already was on the …
njcourts.gov
… Act. Plaintiff's complaint contained a single sentence in support of his claims against defendant, which read as … applying the same standard governing the trial judge's determination. RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of this affirmative defense had no bearing on the judge's determination. We next review plaintiff's contention the judge …
njcourts.gov
… justice." State v. Roach, 146 N.J. 208, 231 (1996). In support of his argument, however, defendant cites only to … take that data into account at sentencing. 12 A-3214-18 In support of his argument defendant relies on: (1) a February … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
njcourts.gov
… POINT I OFFICERS LACKED SPECIFIC, ARTICULABLE FACTS SUPPORTING THEIR DECISION TO IMMEDIATELY FRISK [DEFENDANT] … for commitment. This appeal ensued. Our review of a determination of a motion to suppress evidence is limited, and … 222 N.J. at 266. 13 A-5130-17T4 We agree with the judge's determination that Ledet was not interrogating defendant. …
njcourts.gov
… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … nothing arbitrary, capricious, or unreasonable about that determination. The Board was not required to accept the … arbitrary, capricious, or unreasonable in the Board's determination that, on balance, granting the variances would …
njcourts.gov
… [d]efendant had that the police mishandled the evidence" supporting the State's case. When a defendant "claims his … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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… POINT II THE TRIAL COURT ERRED IN ITS CREDIBILITY DETERMINATIONS AND ITS FACTUAL FINDINGS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT III THE TRIAL COURT … of the evidence is testimonial and implicates credibility determinations. Id. at 412. We do not disturb the judge's 11 …
njcourts.gov
… PCR petition, he was assigned counsel who filed a brief in support of defendant's petition. After reviewing the papers, … bandana wrapped around his face shooting at the woman and children. Although he saw the person, he did not recognize … 466 U.S. at 687, 694. In our review of a PCR court's determination, we defer to the court's factual findings, …
njcourts.gov
… interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 213 N.J. 463, 478 (2013). Accordingly, "a trial court's determination of the applicability of charitable immunity is … promote the mental and moral improvement of men, women, and children," when the plaintiff was injured at the defendant's …
njcourts.gov
… Appellant contends there was insufficient evidence to support the award, requiring its reversal. We affirm. While … evidence of a functional restriction of the body. The determination cannot rest upon the employee's "subjective … argues that the judge of compensation erred in his determination of permanent disability because he relied on …
njcourts.gov
… petition. Appointed counsel filed a supplemental brief in support of defendant's petition. Defendant raises the … we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … that had he done so, Nadeau would have exonerated him. In support of this claim, defendant presents Nadeau's affidavit …