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njcourts.gov
… and NJM as her insurer. We defer to the trial court's determination that this alleged conflict was not a subject … afterwards. The judge made detailed credibility findings in support of her decision. After carefully considering the … to the judge's credibility findings and her overall determinations of fact, including her critical finding that …
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njcourts.gov
… during the grand jury hearing. Despite the PCR judge's determination that defendant's petition was time-barred … explained that defendant failed to satisfy the "threshold determination of prosecutorial knowledge[,]" State v. Carter, … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
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njcourts.gov
… only upon the establishment of a prima facie [case] in support of post-conviction relief." R. 3:22-10(b). "To … "Rather, defendant must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
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njcourts.gov
… physical characteristics" between Scott and defendant to support defendant's claim of misidentification. On March 24, … "Monique and Carl Blanchard were witnesses that would've supported that." According to PCR counsel, Stuckey being … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… and by holding that the alleged FFA violation cannot support a TCCWNA claim. We reject the application of the … but because the legal grounds upon which the latter determination was based have shifted since the trial judge's … was omitted – we assume this type of FFA violation may support a TCCWNA claim because, in enacting TCCWNA, the …
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njcourts.gov
… and they had no duty to maintain the sidewalk.2 In support of their cross-motion, defendants attached a … commercial property." He argues "[t]here is no authority to support the proposition that liability is imposed on …
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njcourts.gov
… the court asked the assistant prosecutor if he had any support for his contention that the officer's description 6 … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … . . . alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.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 …
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njcourts.gov
… still applies to "the assignment judge's sentencing determination under section 6.2 for a first-degree or … judge, has the statutory authority to make such a determination." (citing N.J.S.A. 2C:43-6.2)). He argues the … State contends otherwise. A fair reading of the transcript supports defendant's argument. After asking the prosecutor …
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njcourts.gov
… Commissioner under N.J.S.A. 40:41A-145.2. 6 A-1511-20 In support of their position, plaintiffs largely relied upon … Here, however, we do not know which candidate had the support of the popular will of the voters. That is because … we discern no basis for disturbing Judge Marczyk's determination and we affirm for the reasons set forth in his …
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njcourts.gov
… In any event, plaintiff has not offered any evidence to support his cursory contention that extraordinary … but failed to do so. We are convinced that the record supports the judge's determination that plaintiff did not provide a reasonable …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.gov
… we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … We will uphold the trial judge's decision so long as it is "supported by sufficient credible evidence" and not "so … Given our deference to the trial judge's credibility determinations, we cannot disagree. As a result, the seizure …
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njcourts.gov
… penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with conditions. Haley … guaranteed by the federal and state constitutions." To support her argument, Haley argues her driver's license "is …
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njcourts.gov
… with our prior appellate decision in order to protect the children's privacy notwithstanding they are now adults. NOT … 4, 2017, after we determined the judge's findings were well supported by the record. With respect to the legal fees and … relief from the judgment of divorce because the financial determinations made therein were made without knowledge of our …
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njcourts.gov
… I. As a general proposition we defer to "factual findings supported by adequate, substantial, credible evidence." … "not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de … Super. 552, 568 (App. Div. 2013)). Generally, a court's determination under Rule 4:50-1 warrants substantial deference …