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A-4-25 Petitioner Response to Amicus Curiae Brief
Briefs
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… needed to be explicitly added to the plea agreement. In support of its position, the Attorney General points to the … claims, it is Myers’s position – not the State’s – that is supported by the plain language of the conditional plea … withdraw from his or her “plea agreement.” (AGb 25-26) In support of its argument, the Attorney General points to …
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… pleading guilty to a third[-]degree crime." In a brief in support of the petition, defendant's PCR counsel claimed … 518, 540 (2013)). We defer to the PCR court's credibility determinations of witnesses the court had the opportunity to … Although we give deference to the factual and credibility determinations of a PCR court, we review its legal conclusions …
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… vacate the default judgment and requested oral argument. In support of his motion, he certified that although he … plaintiff 5 A-1772-24 provided "little or no evidence" to support her claims; (3) the June 30, 2023 text sent by … nor has defendant specified which subsection he contends supports his arguments. The record, however, informs our …
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… Civ. No. 02-3193 (D.N.J. Sept. 28, 2005). 8 A-1471-24 support of his motion, defendant argued his conviction on … because the indictment alleged only one unlawful purpose in support of count eighteen – killing the victim of the felony … purpose for which defendant possessed the weapon. In support of his claim, defendant's brief cited State v. …
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… . . . [1)] the factual allegations have evidentiary support or, [2)] as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable … or discovery indicates insufficient evidentiary support.” R. 1:4-8(a)(3). The Township submitted a …
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… N.J. 520, 540 (1995). Brill explained that “[c]redibility determinations will continue to be made by a jury and not the … motion raises the question of when nondisclosure can support a cause of action for common law fraud, negligent … as to latency without discussing whether Plaintiffs had supported their claims with adequate expert testimony. …
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… sale three. The expert did not make any independent determination to extract the value of the improvement from the comparable sale and provided no other support for his use of the tax assessment as the basis for … The expert did not provide an objective basis for his determination that a -10% adjustment for this 4 The court was …
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… the City filed a cross-motion to vacate the default, supported by the certification of its counsel . Counsel … The decision in the Ocean County case thus provides no support for the trial court's decision here. The trial court did not reach the City's other arguments in support of its motion, Albasir's alleged lack of standing, …
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… COURT ERRED IN FAILING TO FIND MITIGATING FACTORS SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD, AND TO … 192 N.J. at 243. We will not disturb a lower court's determination unless it is "so clearly mistaken 'that the … The appellate court will not disturb a trial court 's determination "unless the evidentiary ruling is 'so wide of …
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… limited. We defer to a PCR court's factual findings "'when supported by adequate, substantial and credible evidence.'" … mixed questions of law and fact, we give deference to the supported factual findings of the PCR court but review de … prosecutor should not prosecute when the evidence does not support the State's charges." Ibid. We are unpersuaded by …
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… filed or served in that action. In her motion, which was supported by her counsel's certification, plaintiff asserted … order. We conduct a de novo review of a trial court's determination of a motion to enforce a judgment under Rule … may only be logically employed following a substantive determination a party is entitled to a judgment or an order. …
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… assistance of counsel claim, finding the record did not support the theory that a personal dispute between counsel … fail. The court also found defendant presented no facts to support a potential alibi, and that if he had, any testimony … CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL WHICH WAS SUPPORTED BY MATERIAL ISSUES OF DISPUTED FACTS LYING OUTSIDE …
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… cases is limited. R. 1:36-3. 2 A-1068-21 judge's (ALJ) determination Etheridge is collaterally estopped by an … under the Teacher Effectiveness and Accountability for the Children of New Jersey statute (TEACHNJ), N.J.S.A. 18A:6-117 … We affirm the Commissioner's decision because it is supported by the evidence and Etheridge makes no showing it …
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… Because of the importance of the consecutive/concurrent determination to this appeal, we consider the evidence adduced … name), observed that Sara was incoherent and unable to support her own weight. 4 A-3211-20 Sara ended up on top of … examination of the record and the judge's sentencing determinations, we are satisfied the Yarbough test was …
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… point and knew to make direct observations of him. II. In support of his motion, defendant asserted that the … likelihood of irreparable 9 A-1661-22 misidentification. In support of its argument the identification was reliable, the … Henderson to the trial judge’s findings, we conclude his determination the UCO's identification was reliable, is based …
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… sought to withdraw his guilty plea. He argued, without a supporting certification, that at the time of his plea … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… v. Slater, 198 N.J. 145 (2009). Defense counsel argued in support of the motion: Mr. Martin entered a guilty plea, … "no other alternative than to enter a guilty plea." In support of the amended petition, defendant submitted his … only if the defendant establishes a prima facie case in support of PCR, "there are material issues of disputed fact …
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… the following facts from evidence the parties submitted in support of and in opposition to the summary judgment motion. … was established. Plaintiffs therefore claim that the determination of these issues should be made by a jury. We … we discern no grounds to disturb the motion court's determination that defendants were entitlement to qualified …
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… is sufficient credible evidence present in the record to support the Law Division's conclusions. Ibid. Finally, when … concurrent findings of facts and credibility 8 A-2507-21 determinations made by two lower courts absent a very obvious … Defendant turns to State v. Bealor, 187 N.J. 574 (2006) to support his argument. Bealor concerned a suspected case of …
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… from the Civil Service Commission's final administrative determination of February 1, 2023, denying his petition for … his appeal. Beyond this, Gaston claims the agency's final determination was against the weight of the evidence and was … Jersey Division of Mental Health and Addiction Services to support his assessment that the victim depicted in the …