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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 …
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njcourts.gov
… other than claiming, without citing legal authority for support, that [p]laintiff has not established the authority … and Mortgage as of January 2025. Higlen attached a schedule supporting the amount due from defendant, including … and personal jurisdiction. 178 N.E. 3d at 559. Any determination based on Ohio rules of procedure are …
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njcourts.gov
… to call Rivera as a witness and the available factors which support the finding that the decision not to call Rivera was … AN EVIDENTIARY HEARING. 9 A-2191-23 The factual and legal determinations made by a PCR court are reviewed de novo when … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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njcourts.gov
… to make adequate findings of fact and conclusions of law supporting its decision, as required by Rule 1:7-4. I. We … 5, 2019, decedent passed away and was survived by his two children and beneficiaries: his daughter, plaintiff Diane … . . original jurisdiction as is necessary to the complete determination of any matter on review." Rivera v. Union Cnty. …
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njcourts.gov
… to PIP and does not extend to Med-Pay). 6 A-1037-23 In support of his decision, Judge Franzblau noted our … under the AICRA. The judge found the legislative non-action supported the inference the Legislature accepted the Court's … to Allstate's subpoena, which would have produced evidence supporting Allstate's judicial estoppel argument. II. We …
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njcourts.gov
… advance retainer of $2,500. Additionally, relevant to our determination of the issue before us, paragraph C in both … match the amount sought in [p]laintiff's certification in support of this motion." Plaintiff moved anew for attorney's … by a reasonable hourly rate.... [T]he trial court's determination of the lodestar amount is the most significant …
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njcourts.gov
… Order. Donovan, however, explained that he did not make a determination relative to any other violations of the Post … [the ALJ]'s substantive analysis, legal analysis[,] and determination of the charges and penalty. POINT II [The ALJ] … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & …