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njcourts.gov
… of Record When Viewed in a Light Most Favorable to Dyke Supports His Malpractice Claims Against the Respondents. B. … are permitted when plaintiffs allege "particular facts in support of their claims of attorney incompetence . . . ." … was woefully insufficient in terms of both alimony/spousal support and equitable distribution.'" 376 N.J. Super 29, 34 …
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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." …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very 9 … argues that the State failed to present sufficient proof to support his conviction of driving under the influence of … but Judge Jones found that there was other evidence that supported Burzachiello's testimony that defendant smoked the …
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njcourts.gov
… ("Bald assertions are not capable of 8 A-2612-17T1 either supporting or defeating summary judgment."). In light of the … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … judgment in favor of a defendant, without more, does not support a finding that the plaintiff filed or pursued the …
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njcourts.gov
… that the trial court did not abuse its discretion in its determination that the fees sought were reasonable. We also … the roofs into several of the units. The court's finding is supported by substantial credible evidence in the record and … with prejudice, and defendant has not appealed that determination. 3 At the conclusion of the trial, Judge Wilson …
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njcourts.gov
… whether sufficient credible evidence in the record supports the Law Division's decision. State v. Johnson, 42 … only "a very obvious and exceptional showing of error" will support setting aside the Law 1 Arizona v. Youngblood, 488 … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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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 …
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njcourts.gov
… Code strictly deals with detainees, and there is no legal support to extend this to persons who are released by a … judge] did that she shouldn't have done in making this determination." The motion judge entered the March 31, 2023 … facts or legal principles. None of the Hopkins factors support imposing a duty on defendants. The record readily …
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njcourts.gov
… In February 2022, defendant's PCR counsel filed a brief in support of defendant's PCR petition along with defendant's … testify. The PCR court further found a lack of evidence to support defendant's contention that had he testified, the … chose not to testify. To this [c]ourt, the objective record supports the finding that defendant freely chose not to …
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njcourts.gov
… rights. Thereafter, defendant provided a factual basis to support his plea. In addition, defendant stated he had … 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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A-7-24 Reply Brief
Briefs
njcourts.gov
… SUPREME COURT OF NEW JERSEY Docket No. 089378 REPLY IN SUPPORT OF PETITION FOR CERTIFICATION BY … education, and concerned the constitutional rights of children in the Newark school district, who had no one else … Jun 2024, 089378 6 ensures that courts reach “expeditious determinations on the ultimate merits of deserving …
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a_7_24.3_reply_brief.pdf
Briefs
njcourts.gov
… SUPREME COURT OF NEW JERSEY Docket No. 089378 REPLY IN SUPPORT OF PETITION FOR CERTIFICATION BY … education, and concerned the constitutional rights of children in the Newark school district, who had no one else … Jun 2024, 089378 6 ensures that courts reach “expeditious determinations on the ultimate merits of deserving …
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njcourts.gov
… assistance of counsel. He held that defendant did not support his contention that he would 6 A-0204-23 get into … Our review is deferential to a PCR court's factual findings supported by sufficient credible evidence. State v. Gideon, … an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material …
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njcourts.gov
… 561, 571 (2002)). We review de novo a trial court's legal determinations. Ibid. "A trial court's interpretation of the … applying the good cause standard to determine if the record supports reinstating the complaint, the procedure followed … prejudice analysis must be fact-based and not grounded in unsupported generalities regarding witness unavailability or …