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… amplification, the court pointed out that defendant did not support its motion with a brief. The court then reasoned … trial court correctly points out that defendant failed to support its motion by submitting a brief. We agree with the …
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… whether the Law Division judge's factual findings are supported by sufficient credible evidence. State v. Locurto, … appeal is whether the Law Division's factual findings are supported by sufficient credible evidence in the record. …
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… at her home, he had no parenting time scheduled with the children and there was "no reason why he should be showing … and "[c]ommon sense and experience may inform that determination."). Specifically, Judge Burke found defendant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible 6 A-5378-18T2 …
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… was contaminated by the remnants of the first sample. In support of his argument, defendant offered an expert report … court judge stated he was unaware of any precedent supporting defendant's position. He accepted the guilty plea …
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… did consider 1195 pages of documents filed by defendant in support of the motion that allowed her to assess whether … was sentenced for a "deliberate and reprehensible" murder, supporting her finding that there is a need 7 A-4633-19T4 to … We also reject defendant's challenge to the judge's determination that defendant was not entitled to relief under …
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… counsel filed a motion to reinstate her complaint, supported by a certification from counsel explaining why the … this end, our Rules are to "be construed to secure a just determination, simplicity in procedure, fairness in … the defendant did not present a "scintilla of evidence" supporting his claim of prejudice); Ghandi, 390 N.J. Super. …
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… when a defendant establishes "a prima facie case in support of [PCR]," the judge determines that there are … Rather, a defendant must allege specific facts and evidence supporting his allegations. State v. Cummings, 321 N.J. … in her certification that is material to the objective determination that defendant presented a prima facie claim of …
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… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … (App. Div. 1963)). Our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … that the $180 rent increase was not unconscionable is amply supported by plaintiff's testimony that since 2014 there …
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… and defendant K.A.M. (Kathy) resided together, raising two children, for approximately five years – a period … premises on August 4, 2019. Two days later, Carl took the children to the doctor. After the appointment, he reached … between Carl and Kathy; (3) "the evidence did not support the issuance of an FRO" against Kathy; and (4) if …
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… lawyer is a "solo practitioner with limited resources." In support of their motion, defendants claimed excusable … York domestication hearing; and the lack of 8 A-1551-19T3 supporting documentation for defendants' claim that — …
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… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … judge would not recommend him to ISP. Defendant merely supports his petition for PCR with "bald assertions," …
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… have testified had he known of sanitization, is factually unsupported and legally unavailing. The record shows the … defendant's use of "certain psychotropic medication[s]." In support of his petition, defendant certified: I had informed … and presented a defense of diminished capacity. In her determination of this argument, Judge DiFabrizio found the …
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… 4 A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, … of the murder. As such, there is nothing in the record to support that an alibi defense would have been successful at …
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… APPEAL. "The scope of appellate review of a commitment determination is extremely narrow." In re Civil Commitment of … In re D.C., 146 N.J. 31, 58 (1996)). "The [trial] judge's determination should be accorded 'utmost deference' and … in managing his medication regime, was sufficient to support the conclusion he presented a danger to others. …
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… of decedent's Estate. We disagree. When authorized, "fee determinations by trial courts will be disturbed only on the … 8 A-0399-20 Unable to cite any court rule or statute in support of their claim for attorneys' fees, plaintiffs argue … will. Thus, plaintiffs' reliance on Packard-Bamberger in support of an award of attorneys' fees is unavailing. Even …
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… a court should not 'engage in a strained construction to support the imposition of liability' or write a better … a court should not engage in a strained construction to support the imposition of liability." Flomerfelt v. …
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… COVID-19. Defendant did not supply any medical records to support her application. On June 17, 2020, without … become infected. Without supplying any medical records or a supporting certification from a physician, defendant simply …
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… and contaminated. However, defendant offered no further support for this bald allegation and Judge Venable rejected … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … defendant. Here, defendant presented a certification in support of his claims but refused the opportunity to expand …
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… days after the procedure. Plaintiff claims – without any support of a medical expert – that these fractures resulted … follow that this provides a nexus – that need not be supported by medical testimony – for all Marilyn's other …