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… of counsel (IAC), and was assigned PCR counsel. To support his petition, defendant certified his "attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… RELATIONS. POINT III: THERE WAS NO FACTUAL BASIS TO SUPPORT [DEFENDANT]'S PLEA; THUS [DEFENDANT]'S SENTENCE WAS … the sense that an error or violation played a role in the determination of defendant's guilt in order to overcome the …
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… 13 A-5991-17T1 [i]n our view, 'so far as possible' supports that the Legislature wanted the limitation so far …
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… things needed are homeowners insurance, executed flood determination notice, and proof of deposit, which . . . the … While the judge "must accept as true all the evidence which supports the position of the party defending against the … summary judgment was appropriate, as, given our foregoing determinations, D'Agostino failed to prove that the Carlin …
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… that defense counsel's argument had no merit or was not supported by legal or scientific authority. We are mindful …
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… his only contact with New Jersey was "phone calls to [his] children and grandchildren that live in . . . New Jersey." He denied having … trial court's findings of fact are binding on appeal "if supported by adequate, substantial, credible evidence." …
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… a "clear error of judgment" to overturn the trial court's determination. State v. Rose, 206 N.J. 141, 158 (2011) … (2007)). Here, the evidence presented to the trial judge supported the State's theory that defendant's motive for … was "clearly relevant to material facts at issue in the determination of defendant's guilt on the charged offense[.]" …
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… without merit. 3 A-1812-19 Plaintiff appeals from that determination, challenging Judge Minkowitz's decision to … that broaches the topic—a portion of plaintiff's brief supporting his opposition to dismissal which he provided in … providing "no basis for disagreeing with the judge's determination"). To the extent we have not addressed any of …
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… AND CONTRADICTORY AFFIDAVIT OF AMOUNT DUE IN SUPPORT OF FINAL JUDGMENT. 8 A-4907-18 [POINT IX] THE SCALES … the operation of the judgment or order. A trial judge's determination on a motion to vacate a final judgment "warrants …
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… to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. Relevant evidence … are unpersuaded by its argument. The judge's findings are supported by the record. The price paid by appellant was …
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… We are satisfied the record lacks any evidence to support defendant's claim that plaintiffs knowingly or …
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… A motion for summary judgment should be denied where the determination of a material disputed fact depends on a credibility determination. See Parks v. Rogers, 176 N.J. 491, 502 (2003). … On remand, the parties may assert alternate grounds in support of denial of the request to produce the messages. …
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… the motion judge was not bound by the Third Circuit's determination that the defendants were entitled to qualified … this [c]ourt affords no special deference to the legal determinations of the [motion judge] ." RSI Bank, 234 N.J. at … in the proceedings as possible, preferably on a properly supported motion for summary judgment or dismissal.'" N.E. …
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… The judge also indicated he based his credibility determinations and concomitant factual findings concerning the … AGAINST [DEFENDANT] BECAUSE ITS ISSUANCE IS SO MANIFESTLY UNSUPPORTED BY OR INCONSISTENT WITH THE COMPETENT, RELEVANT … an FRO pursuant to the NJPDVA, the judge must make two determinations. See Silver, 387 N.J. Super. at 125-27. Under …
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… McInerney's legal fees, as plaintiff's objections were unsupported. She further found plaintiff's objections to … v. A.L.G., 176 N.J. 201, 207 (2003)). "The trial court's determination under the rule warrants substantial deference, … that the rule is "designed to remedy." The record does not support the claim. Plaintiff has not established the …
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… REGARDING THE VICTIM'S PRIOR VIOLENCE, WHICH WOULD HAVE SUPPORTED THE DEFENDANT'S CLAIM THAT HE ACTED IN …
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… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
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… the Downtown Redevelopment Area and presented its determination to the Township's governing body. In 2000, the … any of the other remedies [the Estate] seeks." The record supports the trial court's findings and legal conclusions. …
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… motion to vacate the default judgment on June 25, 2020. In support of his motion to vacate the default judgment, … under Rule 4:50-1(f). 9 A-2809-20 B. "The trial court's determination under [Rule 4:50-1] warrants substantial … required under the case law, and by making credibility determinations based on conflicting certifications. The trial …
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… we 'defer to the factual findings of the trial court . . . supported by sufficient evidence in the record,' because a … in custody.'" Ibid. (quoting P.Z., 152 N.J. at 102). The determination of whether a person is in custody is … N.J. 44 (1999). The "[d]efendant, his fiancée, and their children were taken to headquarters to give formal …