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- A-0423-16T4 Opinionnjcourts.gov… only when he or she "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
- A-4653-16T1 Opinionnjcourts.gov… to a judge's findings "unless they are so wholly unsupportable as to result in a denial of justice." Greenfield … there exists sufficient credible evidence in the record to support the judge's findings. The judge determined the fair … Plaintiffs failed to evince that the judge erred in his determination of the fair market rental value. The judge …
- Grandison – Order of Dismissal without Prejudice Orders and Decisionsnjcourts.gov… Oakes Muskett, Esquire Attorney ID No. 020731994 FOX ROTHSCHILD LLP Midtown Building, Suite 400 1301 Atlantic Avenue … Tel: (609) 348-4515 Fax: (609) 348-6834 emuskett@foxrothschild.com Attorneys for Defendants Merck & Co., Inc. and … In opposition, Plaintiffs again request additional time. In support, Plaintiff’s Counsel notes their efforts to …
- njcourts.gov… hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
- njcourts.gov… disputed material facts. Defendant's assertions are not supported by the record and her claims of insufficiency do … dispute of material fact. See Rule 4:46- 2(c). The record supports the chancery court's conclusion that there was …
- STATE OF NEW JERSEY VS. TIMOTHY M. CHAMBERS (15-09-0630, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… and complaint-warrant. In a letter brief in support of defendant's motion, his counsel explained: … Defendant's arguments are based on mere speculation unsupported by competent proofs. Indeed, it is … of the first pages is identical. Nothing in the record supports defendant's speculation that the State is in …
- ADAR ALEPH, LLC VS. TDJP PROPERTIES, LLC (L-2118-22, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … Adar every reasonable inference from the facts alleged in support of its quasi-contract claim for unjust enrichment, …
- njcourts.gov… and 4:50-1(b)-(f). Plaintiff submitted a certification in support of the motion in which he contended, among other … [an order] on one of the six specified grounds is a determination left to the sound discretion of the trial court, … Baumann, 95 N.J. at 395. The facts of this case do not support a finding of exceptional circumstances entitling …
- njcourts.gov… should accept a trial court's findings of fact that are supported by substantial credible evidence." In re Return of … the girlfriend was harassing and concerning, the judge's determination also rested on Esposito's threats to the … findings of fact. The judge's factual findings were supported by substantial credible evidence in the record. …
- STATE OF NEW JERSEY VS. WALTER TOWNSEND (02-01-0137, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Office reopened the investigation in August 2001 at the children's request. Law enforcement interviewed additional … that occurred after the murder, and the sentence was supported by two court decisions that were decided after … imposed because the 8 A-2664-22 sentencing court's determination he was a persistent offender was improperly …
- njcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017). We … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
- STATE OF NEW JERSEY VS. ANGEL CONSEPCION (21-01-0063, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… The court provided the following explanation for its determination: In the present case, [defendant] was known to … the trial court's decision so long as those findings are supported by 8 A-0003-22 sufficient credible evidence in the … the absence of any explanation for the basis of a court's determination, which hinders appellate review, we must vacate …
- njcourts.gov… the law." 7 A-1760-22 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" …
- njcourts.gov… N.J. Super. 149, 159 (App. Div. 2009). The circumstances supporting a finding of excusable neglect must be … the PCR "petition itself must allege the facts relied on to support the [excusable neglect] claim," State v. Mitchell, …
- STATE OF NEW JERSEY VS. THOMA NEVIUS (04-10-0985, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… DEFENDANT THE OPPORTUNITY TO SUBMIT A MERITS BRIEF IN SUPPORT OF HIS SECOND PCR CLAIMS. POINT II AS DEFENDANT … the outcome of the trial might well have been different. In support, the Court favorably cited our 2012 opinion’s …
- STATE OF NEW JERSEY VS. MOHAMED BAYOUMI (18-10-1418, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to evidentiary hearings if they present a prima facie case supporting PCR, the court determines there are material … defer to the PCR court's factual findings when those are "'supported by adequate, substantial[,] and credible …
- njcourts.gov… (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … in that regard" without further explanation.3 There is no support for that statement in the record. Therefore, we …
- njcourts.gov… two issues together and relies on the same arguments in support and in the alternative: her March 9, 2022 … purported extraordinary circumstances were insufficient to support leave to file a late notice of tort claim. Separate …
- njcourts.gov… Department of Labor, affirming the Appeal Tribunal's determination he was liable to repay $12,240 in unemployment … Act), 15 U.S.C. §§ 9001-9141. The record and applicable law support the Board's determination that Jimenez was disqualified for regular …
- njcourts.gov… addresses (radius depending on 7 A-2842-21 location)." In support of that application, the State presented the court … criteri[a]" involved in a Megan's Law classification determination. Id. at 569. We have also stated that a motion … it must file an appropriate motion under Rule 4:50-1 and support that motion with a complete record, including a copy …