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- A-4448-19 Opinionnjcourts.gov… any meaningful findings of fact or conclusions of law in support of the order, we are constrained to reverse and … the motion judge reiterated that he "ha[d] already made a determination that the arbitration agreement is clear and that … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
- A-0400-19 Opinionnjcourts.gov… defendant also filed, through PCR counsel, a brief in support of his petition. In the brief, he argued that his … hearing when he "has presented a prima facie [claim] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
- A-2353-19 Opinionnjcourts.gov… his Miranda[1] rights were violated, and he has three small children for whom he cares. Defendant provided no facts to support a colorable claim of innocence, demonstrated no flaw … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
- A-0992-19 Opinionnjcourts.gov… If there are materially disputed facts that could support the legal requirements for liability, the motion for … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). With this in mind, we conclude the trial …
- A-0462-18 Opinionnjcourts.gov… the relevant questionnaire. Once completed, it did not support the claim. The only documentation defendant attached … on the basis that the State did not offer adequate proof to support the charges. Without much explanation, the judge …
- A-4192-19 Opinionnjcourts.gov… Commission in September 2017. Numerous administrative determinations about the Southern Reliability Link were … opposed the motion, arguing: the information provided to support the legal advice rendered to Gibbs and Tiver was … favor would necessarily require an inappropriate determination on the credibility of Gibbs's and Tiver's …
- A-3858-19T4 Opinionnjcourts.gov… he requested relief by way of a judicial furlough. To support his application, defendant supplied his medical … The judge's assessment in this regard is overwhelmingly supported by the record. Affirmed. … a3858-19.pdf … …
- A-4505-18T3 Opinionnjcourts.gov… that plaintiffs' expert "offers no factual or scientific support for his conclusions as to the age of the nail . . . … (App. Div. 2002). "[L]ike any question of fact, the determination of palpable unreasonableness is subject to a … , we are satisfied that the grant of summary judgment is supported by the record. We, therefore, affirm the May 7, …
- A-0861-18T3 Opinionnjcourts.gov… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … vacated by the PCR orders. These multiple DWI convictions supported his conviction under N.J.S.A. 2C:40-26(b). …
- A-5225-18T3 Opinionnjcourts.gov… we "examine whether the trial court's factual findings are 'supported by substantial, credible evidence' in the record." … N.J. Super. 261, 268 (App. Div. 2007)). Whether the facts support the exercise of jurisdiction is a question of law …
- A-2629-18T2 Opinionnjcourts.gov… response constituted a false or fraudulent account. In support of that contention, the township attached a … proofs, plaintiff waived its right to a reasonableness determination. 7 A-2629-18T2 circumstances. 460 N.J. Super. at … omission of information based on its own 9 A-2629-18T2 determination that the withheld information would not have had …
- A-1358-18T4 Opinionnjcourts.gov… plaintiff $142,769 in attorney's fees "were so manifestly unsupported by the relevant and credible evidence presented … thirties when both were established in careers and have no children. Their marriage lasted eight years and eleven … unconscionable" positions "devoid of legal and factual support," including his "specious" Tevis claim, his "demand …
- A-0873-18T1 Opinionnjcourts.gov… advice as to the impact defendant's United States born children would have on the likelihood of deportation and if … testimony," we defer to the "court's findings that are supported by sufficient credible evidence in the record." … testified to the contrary, we defer to the PCR judge's determination that plea counsel's testimony was credible and …
- A-4541-18T1 Opinionnjcourts.gov… WEIGHT K.R.'S PSYCHIATRIC RECORDS AND INSTEAD MADE UNSUPPORTED INFERENCES TO MAKE K.R. APPEAR MORE CREDIBLE. … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … deference we must afford to a trial court's credibility determinations; we affirm substantially for the reasons …
- A-5667-18T3 Opinionnjcourts.gov… The findings by a trial judge are "binding on appeal when supported by adequate, substantial and credible evidence." … into evidence. We find no error because evidentiary determinations are a matter of the trial judge's discretion … Div. 2015)). Moreover, K.J. does not raise the evidential determination as a reason for reversal. This leaves the …
- A-2515-18T4 Opinionnjcourts.gov… only if the defendant makes a prima facie showing in support of the requested relief, Preciose, 129 N.J. at 462. … defendant did not produce an affidavit or certification to support his claim that counsel gave ineffective advice in …
- A-0342-19T2 Opinionnjcourts.gov… analysis on unreported income, expenses claimed without supporting documentation, personal loans taken by Patel, … the testimony presented, and articulated his findings in support of the award. Having reviewed the extensive record, …
- A-0752-18T2 Opinionnjcourts.gov… that would have been helpful to defendant's position." In support of that claim, defendant cited to State v. Murphy, … upon "defendant's extensive criminal history[, which] supported a finding that there were no significant breaks in …
- A-2898-18T3 Opinionnjcourts.gov… arbitration. Plaintiffs rely on Price, 182 N.J. at 522, to support their arguments. In Price, the plaintiff was insured … efforts by plaintiffs. There are no facts in this case to support an equitable tolling of the statute of limitations' …
- A-0677-18T2 Opinionnjcourts.gov… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … "broad discovery of the evidence the State has gathered in support of its charges" is "automatic." State v. Scoles, 214 … 9 A-0677-18T2 observation that its prior "decisions lend no support to the notion that defendants must scavenge for …