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njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … and defendant has not established a prima facie case to support an ineffective assistance of 18 A-0396-21 appellate …
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njcourts.gov
… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … provision. Additionally, we note plaintiff has not provided support for the proposition that a failure to comply with … argument that defendant knew about the lawsuit is unsupported by the record. See Viviano, 101 N.J. at 552. …
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njcourts.gov
… to defendants, arguing that the law and facts do not support summary judgment. In another argument, plaintiff … and rejected plaintiff's contentions because they were not supported by evidence, and the undisputed material facts …
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njcourts.gov
… decedent died intestate. Decedent never married, had no children, and was not survived by a parent, sibling, or … Takach Scheper, executed renunciations of administration in support of DiPaolo's application for administration. 3 … to forego applying the doctrine of unclean hands was supported by substantial credible evidence in the record and …
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njcourts.gov
… an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … counsel effectively subverted his prospective waiver." In support of that contention, defendant states in his PCR 14 …
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njcourts.gov
… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … and stress, must not be "speculative" and must be "supported by affidavits or certifications based upon the …
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njcourts.gov
… verified complaint and certifications which were filed in support of the application for restraints in front of [the … in which the defendants were then engaged. It was also supported by emails from [Jay] Williams to Pulte and, …
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njcourts.gov
… sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State … defendant. His analysis of the Yarbough factors supported consecutive sentences. II. The other arguments …
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njcourts.gov
… difference between the $587,986.40 the detective alleged supported the money laundering charges and the more than … presented sufficient evidence before the grand jury to support the charges of financial facilitation in accordance …
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njcourts.gov
… 2 and Conservation Officer 3 "to provide law enforcement support to allow for the harvest of oysters from [the] … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … on other grounds, 244 N.J. 1 (2020). "[If] an agency's determination . . . is a legal determination, [the appellate …
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njcourts.gov
… PROVISION WAS PROCEDURALLY UNCONSCIONABLE WAS NOT SUPPORTED BY ADEQUATE, SUBSTANTIAL AND CREDIBLE EVIDENCE. A. … (quoting Rudbart, 127 N.J. at 353). "The 15 A-2421-22 determination that a contract is one of adhesion, however, 'is … arbitration provision on unconscionability grounds was not supported by adequate, substantial, and credible evidence. …
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njcourts.gov
… "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … full protections contemplated by the PDVA. Based on these determinations, we reinstate plaintiff's complaint and TRO and … we decline to decide this issue and leave this determination to the discretion of the trial court on remand …
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njcourts.gov
… will rely upon oral argument and the attached brief in support of this Motion. /s/ Monika Mastellone Monika … Dear Judge Lemieux: Please accept this letter brief in support of the defense’s Motion in Limine to Preclude Select … to prove or disprove any fact of consequence to the determination of the action.’” Chen, 402 N.J. Super. at 78 …
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njcourts.gov
… provides the relevant legal analysis in the event that determinations become necessary. The admissibility of lay … whether narration testimony is helpful is a case by case determination. The State submits that the proffer provided to … suspect that it must be allowed to elicit testimony which supports this fair comment. Assuming the State is permitted …
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njcourts.gov
… false, lofty rental figures presented to plaintiff were not supported by the market" and "were intended to be relied … arbitration." 168 N.J. at 134. Guided by "the policies that support the LAD and the rights it confers on aggrieved …
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njcourts.gov
… and (3) assuming the jury's exclusive role to find facts supporting an extended term, in violation of the Fifth and … on appeal: POINT I THE MATTER MUST BE REMANDED FOR A JURY DETERMINATION REGARDING DEFENDANT'S ELIGIBILITY AS A … appellate courts review the trial court's 'sentencing determination under a deferential standard of review. '" State …
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A-29-25 Petitioner's Brief
Briefs
njcourts.gov
… Appellant Henry Okiogah (" Appellant") files this Brief in support of his appeal of the Trial Court's decision to deny … intent of the Act notice provisions. The Trial Court's determination that the Appellant's injuries did not meet the … debilitation condition from the crash. In reaching her determination, Judge Espinales-Maloney relied on medical …
njcourts.gov
… the plea colloquy, he not only admitted to killing the children, but also acknowledged he faced a life without … R. 3:22-4(b)(2). Defendant lacked a substantive basis to support a subsequent PCR petition because his arguments are …
njcourts.gov
… during the week preceding the November 20 trial date and supported those contentions with an affidavit from a staff …
njcourts.gov
… provide adequate findings of fact and conclusion[s] of law supporting its decisions pursuant to [Rule] 1:7-4 and . . . … Guillaume, 209 N.J. 449, 467 (2012)). "The trial court's determination under [Rule 4:50-1] . . . should not be reversed …