njcourts.gov
… 3, 2018, Fargil moved for entry of final judgment. In support, Fargil submitted an affidavit of non-redemption by … to purchase the property for the sale price of $455,000. In support, Fargil submitted certifications from David Farber, … to the sound discretion of the trial court, whose determination will be left undisturbed unless it results from …
njcourts.gov
… discovery, and sanction the Attorney General's Office. In support, plaintiff's attorney certified that during the … attorney, among the statements supplied by defendants in support of their summary judgment motion was an April 23, … Schs., 362 N.J. Super. 494, 506 (App. Div. 2003). "The determination of a motion to amend a pleading is generally …
njcourts.gov
… 1996). 5 A-2831-17T4 sentence imposed in the [JOC was] not supported by the record" and "counsel was ineffective" for … the judge "agree[d] that [defendant's] sentence [was] not supported by the record." The judge explained: At your … Harris, 181 N.J. 391, 419-21 (2004) (emphasis omitted). To support a claim of ineffective assistance of counsel, a …
njcourts.gov
… did find that there was "not enough credible evidence to support that the basement apartment was searched prior to … judge also found there was not enough "credible evidence to support that the basement apartment was searched prior to … Further . . . there is not enough credible evidence to support that the basement apartment was searched prior to …
njcourts.gov
… of counsel fees. Because the trial court's decision is supported by credible evidence in the record, we affirm. I. … certification may serve as the basis for a court's determination that a reasonable OPRA search was conducted, … our conclusion, we part company with the trial court's determination that the common law does not provide for …
njcourts.gov
… "The Motion Court Abused Its Discretion on Factual Determinations." An issue that is not addressed in a party's … on whether defendant deviated from the standard of care. To support his summary judgment point, plaintiff cherry-picks … relies upon isolated excerpts of Dr. Remsen's testimony to support his argument that the experts agreed defendant …
njcourts.gov
… have [pled] guilty" but would have gone "to trial." In his supporting briefs, in addition to arguing that his attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
njcourts.gov
… 15 departure from the couple's home with their three children without prior notice.3 Plaintiff's complaint also … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 65 N.J. 474, 484 (1974)). "We defer to the credibility determinations made by the trial court because the trial judge …
njcourts.gov
… live witness testimony" and will uphold findings that are "supported by sufficient credible evidence in the record." … omitted)). The record from the evidentiary hearing amply supports Judge Toto 's finding that defendant entered his … years. As these factual and credibility findings were amply supported by substantial evidence elicited at the …
njcourts.gov
… evidence." Ibid. As long as the board's actions are "supported by substantial evidence in the record, [we are] bound to affirm that determination." 62- 64 Main St., 221 N.J. at 157. "When … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the …
njcourts.gov
… while she slept. The couple shared a home, and their four children were asleep in adjoining bedrooms when the murder … who was bleeding, he responded it was the mother of his children and himself and that he had caused both to bleed. … report corroborates representations made to the judge, and supports a judge's conclusion "that the interests of justice …
njcourts.gov
… testified that they all got cold feet when they observed children in the proposed victim's home. Meanwhile, a … conspiracy, see N.J.S.A. 2C:5–2(e), and that the evidence supported a jury instruction on the former, but not the … and that they did so out of concern for the welfare of the children inside the home and not out of increased fear that …
njcourts.gov
… Immediate Release of Personal Property." Defendant did not support that motion with his certification, but with the … he seeks is prima facie contraband, contending, with no support in the record and no specifics as to which items he … will then have a full opportunity to develop and provide support regarding their respective entitlement to the …
njcourts.gov
… or, alternatively, for a new jury trial limited to a determination of "nominal damages." The judge granted … the matter for a new trial, limited to a 4 A-4497-18 determination by a jury on the amount of nominal damages, if … Chase, about its connectivity capabilities and customer support services. These problems were related to the damage …
njcourts.gov
… as defendant's "former girlfriend [and] the mother of his children." We identify the victim by her initials to protect … misleading, willfully false and inaccurate testimony, unsupported by evidence as to the "assaulting [of] the alleged … by the PCR judge to identify what evidence in the record supported his claim of gender bias by his former defense …
njcourts.gov
… found that defendant failed to provide any evidence to support his claim that trial counsel coerced him into … preparation." First, in his 11 A-0810-19 certification in support of his petition, defendant merely asserted that he … In sum, we discern no basis to disturb the PCR judge's determination that defendant failed to make a prima facie case …
njcourts.gov
… at 8. On remand, defendant raised a number of arguments in support of his petition. With specific reference to the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
njcourts.gov
… of the May 1, 2018 order, which defendant opposed. In its supporting papers, plaintiff explained that it had not been … this most recent sheriff's sale and the final judgment. In support of his motion, defendant filed a certification in … Ass'n, 132 N.J. 330, 334 (1993)). "The trial court's determination . . . warrants substantial deference, and should …
njcourts.gov
… (App. Div. Nov. 4, 2015) (slip op. at 9).] We also find no support in the record for defendant's remaining claims, … certifications, or other competent proofs necessary to support his claim that he was incompetent to stand trial. … that provides the predicate for a claim of relief" to be supported an "affidavit or certification pursuant to Rule …
njcourts.gov
… petition consisted of "bald assertions" not sufficiently supported by the record. 7 A-3404-19 This appeal followed in … argues: I. THE POST CONVICTION RELIEF JUDGE ERRED IN HIS DETERMINATION THAT TRIAL COUNSEL PROVIDED EFFECTIVE ASSISTANCE … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …