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njcourts.gov
… counsel filed a motion to reinstate her complaint, supported by a certification from counsel explaining why the … this end, our Rules are to "be construed to secure a just determination, simplicity in procedure, fairness in … the defendant did not present a "scintilla of evidence" supporting his claim of prejudice); Ghandi, 390 N.J. Super. …
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njcourts.gov
… when a defendant establishes "a prima facie case in support of [PCR]," the judge determines that there are … Rather, a defendant must allege specific facts and evidence supporting his allegations. State v. Cummings, 321 N.J. … in her certification that is material to the objective determination that defendant presented a prima facie claim of …
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njcourts.gov
… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … (App. Div. 1963)). Our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … that the $180 rent increase was not unconscionable is amply supported by plaintiff's testimony that since 2014 there …
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njcourts.gov
… and defendant K.A.M. (Kathy) resided together, raising two children, for approximately five years – a period … premises on August 4, 2019. Two days later, Carl took the children to the doctor. After the appointment, he reached … between Carl and Kathy; (3) "the evidence did not support the issuance of an FRO" against Kathy; and (4) if …
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njcourts.gov
… did consider 1195 pages of documents filed by defendant in support of the motion that allowed her to assess whether … was sentenced for a "deliberate and reprehensible" murder, supporting her finding that there is a need 7 A-4633-19T4 to … We also reject defendant's challenge to the judge's determination that defendant was not entitled to relief under …
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njcourts.gov
… to Mr. Holmes unless there is evidence in the case supporting all those four requirements that we just went … not one or two or three of them, but all four. If there is supporting evidence, either in the State's proofs or as …
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njcourts.gov
… Furthermore, defendant's argument is not founded upon facts supported by an affidavit or certification warranting … warranted when the defendant presents a prima facie case in support of PCR, the court determines that there are material …
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njcourts.gov
… motion to enforce both of these provisions, together with a supporting certification. With 3 A-5383-16T2 regard to … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on … pleadings raise issues of fact or require credibility determinations, relief cannot be denied absent a plenary …
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njcourts.gov
… to remove snow and ice from an abutting public sidewalk. In support of their argument, defendants relied upon Luchejko … issue as to that purported fact. Defendants imply, without support, that Belmar replaced the public sidewalks in the …
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njcourts.gov
… offered no proof of malice by defendants towards him to support such claim at trial. Zukowski filed a motion to … we glean no material factual disputes – there is no legal support for the arguments raised by Zukowski.6 There is no …
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njcourts.gov
… court to make factual findings and legal conclusions to support its rulings. For purposes of this opinion we need … we recognize it is well-established that "[f]inal determinations made by the trial court sitting in a non-jury … by the trial court are binding on appeal when 7 A-0418-18T3 supported by adequate, substantial, credible evidence. …
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njcourts.gov
… State had proven his guilt beyond a reasonable doubt. In support of that argument, defendant relies on police video … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… Center (ADTC) for psychological examination and a "determination of whether [his] conduct was characterized by a … repetitive, compulsive behavior and, if it was, a further determination of the offender's amenability to 3 A-2849-18T5 … (App. Div. October 27, 2017). We further found "reasonable support in the record" for "the trial court's determination …
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njcourts.gov
… his 2014 conviction. Defendant submitted a brief in support of his petition on May 22, 2017, in which he argued … TO ADJUDICATE PETITIONER'S CLAIM ON ITS MERITS. In support of his arguments, defendant asserts that his PCR …
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njcourts.gov
… motion to vacate the judgment and the bail forfeiture. In support of its motion, Broadway submitted a certification by … 194, 198 (App. Div. 2003)). We review the trial court's determination under an abuse of discretion standard. State v. … revised remission guidelines, and its factual findings are supported by sufficient credible evidence in the record. We …
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njcourts.gov
… program (PTI) because the State did not provide objections supporting its opposition to his admission. We affirm … jury. [R. 3:28(h) (emphasis added).] We discern no legal support for defendant's challenge of Judge Taylor's order. …
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njcourts.gov
… the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" … improperly ordered defendants out of their vehicle is fully supported by the facts in the record. Therefore, her legal …
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njcourts.gov
… appears to claim that his factual basis was insufficient to support the first-degree charge and the attendant NERA … were not subject to NERA restrictions." As there is no support in the record for defendant's apparent disparate …
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njcourts.gov
… data warrant (CDW) to search defendant's phone. The supporting affidavit recounts that defendant made a phone … which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" … N.J. 1, 15 (2009)). We review de novo the trial court's determinations of law, State v. Mann, 203 N.J. 328, 337 …
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njcourts.gov
… amplification, the court pointed out that defendant did not support its motion with a brief. The court then reasoned … trial court correctly points out that defendant failed to support its motion by submitting a brief. We agree with the …