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njcourts.gov
… default and/or default judgment" on January 4, 2019. In his supporting certification, defense counsel explained his lack … review warrants substantial deference to a trial court's determination on a motion to vacate a default or a default …
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njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." …
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njcourts.gov
… motion judge denied. There was no written or oral decision supporting the order or for the order entered on the same … excusable neglect. We agree. This issue requires legal determinations subject to our de novo review. In doing so, we … judgment, as well as the order for turnover, remand for a determination of the dispute about jurisdiction and, if …
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njcourts.gov
… only when he "'has presented a prima facie [case] in support of [PCR],'" State v. Marshall, 148 N.J. 89, 158 …
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njcourts.gov
… on the [p]roperty. The Board voted to accept its 2014 determination regarding the buffer, and approved DMH2's … the engineer. The first trial judge affirmed the Board's determinations. Plaintiff appealed from the trial judge's … factual findings and legal conclusions 'are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … both parties, some undated. However, the judge based her determination not on pictures, but on her personal examination … Gilhooley, 164 N.J. at 544). "In making that objective determination, a number of factors are relevant, 'including …
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njcourts.gov
… was known, or (2) this court would have upheld such a determination if the trial court did permit PTI admission over … 507, 520 (2008)). Prosecutors have wide latitude in PTI determinations. State v. Nwobu, 139 N.J. 236, 246 (1995). A … of these standards – had the PTI application been supported by the Tinsley correspondence – would have …
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njcourts.gov
… value by testifying – if such a contention could be supported and maintained – that the vehicle would have sold … and worthy of belief." The judge came back to this core determination time and again throughout his opinion. Indeed, … since here there was a resale – the judge expressed his determination that the expert was unreliable: It seems to me, …
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njcourts.gov
… 77, 101 (2016). Those findings should be upheld if they are supported by sufficient competent evidence in the record, …
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njcourts.gov
… of gross negl[igence]." No other reasons were provided in support of the judge's determination. Defendant appealed. In our prior opinion, we …
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njcourts.gov
… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … what he or she deems are the most effective arguments in support of the client's position. Ibid. Here, the trial …
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njcourts.gov
… "failed to provide any legal or evidentiary basis to support his claims of ineffective assistance of counsel as … that defendant's allegations were "bald assertions," unsupported by any facts. The PCR court also reviewed the …
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njcourts.gov
… the grand jury that two or more persons were involved. To support the legal argument, defendant relies on the … only reserved "the right to appeal from the adverse determination" of the trial court. R. 3:9-3(f). As defendant … did not present these arguments for the trial court's determination, he may not raise them now after pleading …
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njcourts.gov
… HEARING. Our review of a trial court's sentencing determination is "deferential." State v. Lawless, 214 N.J. … balance[d] aggravating and mitigating factors that [were] supported by competent credible evidence in the record." …
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njcourts.gov
… his job as a result of a new conviction, and the financial support he provides for his two daughters. After weighing …
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njcourts.gov
… when" the father could use the car, the Court found ample support that the car was furnished to the father for his …
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njcourts.gov
… on a PCR petition if he establishes a prima facie case in support of PCR. To establish a prima facie case, a defendant …
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njcourts.gov
… not voluntary, there is nothing in the record on appeal to support his argument. Affirmed. … STATE OF NEW JERSEY VS. …
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njcourts.gov
… and flipped over a patio table in the presence of the children. Following this incident, defendant's behavior … State "welcomed the mistrial with open arms" is also not supported by the record. The State did not request or …
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njcourts.gov
… prior to Padilla. We conclude that this record does not support defendant's claim that his attorney affirmatively … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …