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njcourts.gov
… counsel. Defendant also cites Padilla, 599 U.S. at 356, to support the theory that the Strickland standard can be met … add the following comments. Defendant relies on Padilla to support its claim that the Strickland test for ineffective … plea. We "owe deference to the trial court's credibility determinations . . . because it has 'a better perspective than …
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njcourts.gov
… misrepresentation, and negligent misrepresentation were unsupported 7 A-2160-21 in the pleadings. The court examined … Oparaji's amended complaint pled sufficient facts to support his diverse theories against MAR, TAG, and the … found defendant[] failed to offer credible evidence to support their counterclaim. . 461 N.J. Super. 166, 170 (App. …
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njcourts.gov
… was occurring in increments of one-tenth of an hour is not supported by the record. We add only the following … include disclosure of incremental billing units, although unsupported in our current jurisprudence. While the request is … the trial court's award of attorneys' fees and costs was supported by Rule 4:42- 9(a)(8) and N.J.S.A. 2A:13-6.1 …
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njcourts.gov
… likely to have relevant information," plaintiff failed to support that "the mayor ha[d] first-hand knowledge," and … to prove or disprove any fact of consequence to the determination of the action.'" Ibid. (quoting N.J.R.E. 401). … undertaken further discovery and garnered a basis to support the mayor's deposition, then he could have moved for …
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njcourts.gov
… of law and certifications from defendant and his mother in support of the relief sought. Defendant certified, based … to this court that defendant did not file an affidavit in support of his Slater motion; and (5) trial counsel failed …
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njcourts.gov
… judgment. In the court's written statement of reasons supporting the summary judgment orders, it noted that the … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … outside its boundaries. We discern no error in the determinations made by Judge Franzblau and affirm essentially …
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njcourts.gov
… cause (OTSC), seeking a thirty-day stay of the eviction. In support of the OTSC, McNett's mother, Mary McNett, submitted … evidence from a third person or some other evidence" to support their application to extend the time to exercise the …
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njcourts.gov
… 21, 2022, the court entered an order granting NJM's motion supported by an oral opinion. The court found discovery left … "under the same standard that govern[ed] the court's determination." Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … However, we give no deference to a trial court 's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union …
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njcourts.gov
… in the 8 A-1740-22 course of providing medical services in support of the State's response to the outbreak of … or healthcare facility or a health care system to support efforts to treat C[ovid]-19 patients and to prevent …
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njcourts.gov
… ground and reduc[ed] the bearing capacity of the soil to support the weight of the concrete slab. This result[ed] in … settling was negligible. We agree with the trial court's determination plaintiff could not demonstrate the settling was … to the sidewalk. Thus, we agree with the trial judge's determination Scanlon was not liable to plaintiff for her …
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njcourts.gov
… a business entity. Defendants rely on County of Passaic to support their argument that the waiver requirement is not … But there was no evidence in the meager record to support those findings. The record before the trial …
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njcourts.gov
… bargaining in drinking and driving cases is intended to support the policy decisions of the legislative and the … also explained the ban on plea bargaining was “intended to support the policy decision of the legislative and the …
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njcourts.gov
… bargaining in drinking and driving cases is intended to support the policy decisions of the legislative and the … also explained the ban on plea bargaining was “intended to support the policy decision of the legislative and the …
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njcourts.gov
… offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by … in maintaining DNA and 10 A-3126-22 fingerprint records to support criminal prosecutions State-wide. Our Supreme Court …
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njcourts.gov
… on August 11, 2022, denying defendant's petition. In a supporting oral decision placed on the 6 A-3876-21 record on … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 65 N.J. 474, 484 (1974)). "We defer to the credibility determinations made by the trial court because the trial judge … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
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njcourts.gov
… POINT III: THE DE NOVO COURT ERRED BY MAKING FINDINGS UNSUPPORTED BY THE RECORD. 6 A-2416-23 II. "We review the … Was there sufficient credible evidence in the record to support the trial court's finding that the State failed to … on the record the right to appeal from the adverse determination of any specified pretrial motion.'" State v. …
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njcourts.gov
… claims if a defendant has presented a prima facie claim in support of" PCR. Ibid. (quoting Preciose, 129 N.J. at 462). … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … [regarding what the] investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… shall not be evidentiary. F. LIST OF EXHIBITS IN SUPPORT OF STIPULATION 1. Verified Complaint to Vacate … of Estelle A. Halchak dated August 22, 2017 in Support of Complaint and Order to Show Cause 3. Transcript …
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default › notices to the bar
… bargaining in drinking and driving cases is intended to support the policy decisions of the legislative and the … also explained the ban on plea bargaining was “intended to support the policy decision of the legislative and the …