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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… hunters, trappers[,] and fishermen throughout the State and support local chapters at the [C]ounty level."1 The … the judge further reasoned that "[Appellants'] offer[ed] no support, nor can the [c]ourt find any, for the position that … "Nevertheless, 'if the complaint states no claim that supports relief, and discovery will not give rise to such a …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …
njcourts.gov
… filed a motion to compel the sale of the property. In a supporting certification, Norma averred that the closing … . . to sign the closing documents on behalf of Sally." In a supporting certification, Norma I.'s attorney stated Sally … occupied it as principal marital residence[,] raised her children there[,] and owns the property next door." [E]quity …
njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … courts should reverse only when the trial court's determination is 'so clearly mistaken that the interests of … is predicated upon a "purely legal question," that determination is reviewed de novo. Twiggs, 233 N.J. at 532. …
njcourts.gov
… this action are 5 insufficient, because they must be supported by allegations of “further acts.” Penwag Property … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted.” Id. … to be issued by plaintiff was being utilized to obtain a determination of a genuine controversy existing between …
njcourts.gov
… Based on the evidence presented and his credibility determinations, the judge also found comments made by the … satisfied the record contains ample credible evidence to support Judge Sceusi's finding defendant was guilty of all … testimony elicited at the municipal court trial. In support of his argument, defendant relies on Stein for the …
njcourts.gov
… filed motions for reconsideration and to vacate the FRO, supported by identical certifications. J.M.A. certified he … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … calculated. Id. at 336. We agree with the trial court's determination that Mancini is distinguishable here. Unlike the …
njcourts.gov
… uncontradicted evidence that, if accepted as true, would support a jury decision that Arakaki deviated from the … the evidence adduced at trial and making credibility determinations. As to the quantum of damages, the court … trial is limited. We must defer to the judge's factual determinations, so long as they are supported by substantial …
njcourts.gov
… 5 A-1878-21 failed to raise any specific allegations supporting his ineffective assistance of counsel claims … Because defendant failed to establish a prima facie case in support of PCR relief, the judge concluded he was not … bedroom. We next address defendant's PCR contentions in support of his ineffective assistance of counsel claims. To …
njcourts.gov
… an opportunity to oppose the certifications of counsel supporting plaintiff's motion, and the fees awarded to … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …
njcourts.gov
… any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … asserting a claim that lacks the legal or evidential support. "[U]nder Rule 1:4-8, an assertion is deemed … when 'no rational argument can be advanced in its support, or it is not supported by any credible evidence, or …