njcourts.gov
… facts or cite to any applicable law in his moving papers" supporting relief under Rule 3:21-10(b)(5). The judge noted … for a reduction of sentence under Rule 3:21-10(b)(4). In support, defendant argued recently enacted mitigating factor … in N.J.S.A. 2C:44-1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …
njcourts.gov
… various errors, omissions, and discrepancies in Shurkin's supporting documents. Citing Seventy-Three Land v. Maxlar … representation of defendants and their regular 6 In support of this argument, Shurkin cites an unpublished … taint or concerns due to the initial court's prior determination that Shurkin's compliant should be dismissed. …
njcourts.gov
… only if: (1) he or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of … have corroborated his testimony at trial. Defendant's unsupported statement in his petition claiming that S.H.'s … defendant's arguments are pure speculation and do not support a finding of prejudice under prong two of the …
njcourts.gov
… PCR judge noted the record reflected nothing more than unsupported speculation and denied the petition without an … U.S. at 148. In reviewing defendant's claims, we discern no support in the record for his argument that he was not … hearing, we review its legal and 10 A-2390-21 factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… denied the motion for recusal by order dated May 27, 2022, supported by a short, written decision. On June 10, 2022, … denied plaintiff's motion for reconsideration and a stay, supported again by a short, written decision. Plaintiff … 746). "Nonetheless, if the complaint states no claim that supports relief, and discovery will not give rise to such a …
njcourts.gov
… where the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Mac … suffered damages." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 336 (App. … initial complaint." Plaintiff fails to cite to any law in support of his contention that the motion judge erred in …
njcourts.gov
… may constitute an illegal sentence" for purposes of its determination of the timeliness of a PCR petition. 7 A-1786-22 … illegal. D.D.M., 140 N.J. at 95. The arguments presented in support of defendant's PCR petition did not include a claim … within the charge. The same record defendant utilizes to support his argument also reveals defendant did not make any …
njcourts.gov
… even if the repair was not done at an intersection. In support of its motion, Newark also relied on the Department … notice of the pothole. The undisputed material facts do not support that argument and, therefore, we reject it. The TCA … Auth., 169 N.J. 119, 123 (2001). Nonetheless, that determination is subject to the court's preliminary assessment …
njcourts.gov
… we concluded the court did not provide adequate findings to support imposition of consecutive terms. State v. Rutan, No. … Connecticut for his sentencing in that State; (2) argue in support of mitigating factor ten, N.J.S.A. 2C:44-1(b)(10) … an evidentiary hearing, we review its legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… Jury Charge (Civil), § 7.11 as a framework. The evidence supported the finding Nandi was not the proximate cause … records were not presented to the motion judge. No evidence supported the assertion Nandi's license was revoked or … Although the car remained in Packer's name, no evidence supports the fact he had possession or control of the …
njcourts.gov
… suicidal ideations and attempts. J.P. did not have a family support system and continued to voice suicidal thoughts. Dr. … court stated J.P. did not have "the capacity to make the determination regarding his continued health treatment in the … as the State did not prove he lacked capacity to make the determination regarding his commitment status. Rule 4:74-7 …
njcourts.gov
… an evidentiary hearing. Since the PCR court's decision was supported by sufficient evidence in the record and the … "we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … recognizing our deference to the PCR judge's credibility determinations, we accept his finding that trial counsel's …
njcourts.gov
… 2C:25-17 to -35. Because the trial judge made credibility determinations, factual findings that were supported by substantial credible evidence, and correctly … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. …
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… it is arbitrary, capricious[,] or unreasonable or not supported by substantial credible evidence in the record." … evidence as a reasonable mind might accept as adequate to support a conclusion.'" Figueroa, 414 N.J. Super. at 192 … Co., 35 N.J. 358, 376 (1961)). Further, when reviewing a determination of the NJDOC in a matter involving prisoner …
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… decision affirming the Appeal Tribunal's August 25, 20171 determination that she was disqualified for unemployment … N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … hearing. If this was, in fact, the basis for the Board's determination of good cause, we conclude it does not support a …
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… "if a defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 … have already 10 A-2219-17T1 found that the record does not support that claim, the first factor under Slater has not … been satisfied. Moreover, none of the other Slater factors support defendant's arguments to withdraw his guilty plea. …
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… investigation by trial counsel would have revealed to support his claim that he fired gunshots at the fleeing … we agree with the State that his brief makes no argument to support the assertion. Thus, the argument is 9 A-1552-17T3 … affidavits, certifications, or other competent evidence to support the contention that his plea colloquy was …
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… filed; the note was not endorsed to BOA; the certification supporting the motion for summary judgment was not based on … note and mortgage, or his June 2010 default, and the record supports BOA's standing to foreclose, summary judgment was … 26, 2014. We agree with the judge that the certification, supported by the business records attached, established …
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… will left her estate, after expenses, to her three adult children: Patricia Commins, Paula O'Shea, and James O'Shea.1 … exempt; (4) the attorney's fee award was excessive and unsupported; and (5) the commissions were excessive. The court … was renting for $2000 at that time. In short, the evidence supported the court's approval of $2000. With one minor …
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… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … lack of enforcement did not act as a permanent estoppel. In support of that position, the trial court noted that the … the conditions of the 1994 variance. 10 A-0662-17T3 In support of its argument for equitable estoppel, Belmont …