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- njcourts.gov… was sentenced in 2017, he was deported. Defendant has two children residing in the United States. On May 5, 2015, … (count six); third-degree endangering the welfare of children, N.J.S.A. 2C:24-4(a) (count seven); and … hearing requires "a prima facie case 14 A-0226-22 in support of [PCR], [and] . . . material issues of disputed …
- KHALILAH SHABAZZ VS. OSMAN AHMED, ET AL. (L-6150-21, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… (1988)). 10 A-1000-22 III. Plaintiff relies on Title 16 to support her contention the sale of the Branford Building was … "the diversion of property 'to any purpose other than the support and maintenance of the church or religious or …
- njcourts.gov… it seems clear that [defendant] entrusted all such determinations to the sound discretion of plea counsel, a … never with that individual at the time and date proposed in support of said alibi. His final statement 13 A-2190-21 was … specific and credible facts in the record required to support a colorable claim of innocence, thus he is not …
- SOFIA PEREZ, ET AL. VS. CECILIA PEREZ, ET AL. (L-2959-19, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… February 22, 2018 right elbow x-rays cited in his reports supported his diagnosis. On September 9, 2022, the trial … Div. 2001). This case cried out for "a clear and concise determination that [plaintiff] [had] been heard and [her] … of these tasks. 15 A-1449-22 In remanding, we make no determination respecting the sufficiency of plaintiff's injury …
- njcourts.gov… We reject these arguments. We review a trial court's determination on a motion to disqualify counsel de novo. City … as ordered by the judge. Care One's certifications in support of its disqualification motion simply explained … court. In addition, the cases are premised upon judicial determinations that the actions of the adverse law firms …
- W.E.L. VS. C.K.W. (FV-03-0032-23, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … (rev. Jan. 19, 2012).] 12 A-3891-21 "Integral to a determination of harassment" is a finding by the trial court …
- njcourts.gov… for $145,000 and immediately rented out both units to a childcare center. By the time of trial, several childcare … orders. II. Appellate courts review a "trial court's determinations, premised on the testimony of witnesses and … court's factual findings unless "they are so manifestly unsupported by or inconsistent with the competent, relevant …
- njcourts.gov… on the Joneses' property. Both neighbors presented surveys supporting their respective positions. In September 2021, … in this type. . . . . There are many questions as to the determination of the property line between the subject … surveys, expert testimony was necessary for a just determination of the issues. "[W]e review a trial court's …
- njcourts.gov… defendant's motion for summary judgment but rather only in support of his motion for reconsideration. But the record … a self-service counter. And, no evidence was presented to support plaintiff's argument as to what defendant's …
- njcourts.gov… there were no genuine issues of material fact presented to support plaintiffs' "singular claim" for unjust enrichment. … Sunnova's UCC-1 filing was superior to MTLGQ's mortgage. In support of their argument, plaintiffs cite to N.J.S.A. … over the mortgage in the foreclosure action where a determination regarding the status of the PPA and the solar …
- njcourts.gov… judgment pursuant to Rule 4:50-1. Hope's certification in support of the motion laid out details of Vincent's … Manning, 74 N.J. at 120). Here, the record adequately supports the judge's findings of extraordinary circumstances …
- njcourts.gov… noted there was nothing in the FAC alleging, let alone supporting, the "bare conclusion" that Morgan Stanley was in … test, we find no basis to disturb Judge Claypoole's determination that the action accrued when the statements were … Plaintiff's remaining arguments are rendered moot by our determination that the action was barred by the statute of …
- DISCOVER BANK VS. S. GEORGE PODURGIEL (L-0758-22, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to the statement was a certification from a litigation support coordinator attesting to the fact plaintiff loaned … consist[ed] of bare legal conclusions . . . entirely unsupported by affidavit or competent evidence. Even in … judgment motion and the evidence submitted by plaintiff in support of the motion because they were not raised before …
- STATE OF NEW JERSEY VS. KEGWIN CLARKE (22-12-1430, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… alternatively, to waive his appearance at that hearing. In support of his alternative request, defendant submitted an … at the evidentiary hearing on his motion to suppress. In support of that ruling, the trial court issued a written …
- STATE OF NEW JERSEY VS. DAMIAN S. EMANUEL (22-12-1421, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… not be retroactively excised from N.J.S.A. 2C:58-4(c). To support his position, defense counsel claimed, "the … (quoting McDonnell v. U.S., 579 U.S. 550, 576 (2016)). To support its decision that applying the severability holding …
- njcourts.gov… the negligence ultimately contributed to her death. In support of the nursing negligence claims, plaintiff retained … of these three elements, the case is not sufficient for determination by the jury." Rosenberg, 352 N.J. Super. at 399. … emotional health problems, through . . . provision of care supportive to . . . well-being, and executing medical …
- STATE OF NEW JERSEY VS. WILLIAM MENTER (94-10-1390, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a notice of 3 A-0297-22 aggravating factors intended to support a sentence of death for the three murders. After … sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State …
- njcourts.gov… 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 … there are no facts outside the trial record that support . . . defendant's claims that he was denied …
- njcourts.gov… contact with the criminal justice system; has a GED; two-children and a girlfriend of eleven years. He further argued … the aggravating 13 A-1277-23 or mitigating factors were not supported by credible evidence, or (3) the sentence, … the law." N.J.S.A. 2C:44–1(a)(9). The sentencing court's determination is a "qualitative assessment" of the risk of …
- njcourts.gov… claim as a counterclaim in the federal action is unsupported, as an exception to the compulsory claim … of another pending action." Thus, the federal rules do not support the preclusion of Enoch's negligence action for … federal action cannot fairly be viewed as a final determination of Jean's negligence claim on the merits. 13 …