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njcourts.gov
… the [d]efendant to prison because of the [parties'] . . . children." The record, however, does not contain a … trial court's findings of fact are binding on appeal "if supported by adequate, substantial, credible evidence." … 205 N.J. Super. 153, 156 (App. Div. 1985) (noting that a determination of reasonable time is dependent on "the totality …
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njcourts.gov
… 231 N.J. 567, 581 (2018) ("Our review of the evidentiary determinations cannot end our analysis when we find an abuse … to establish the negligent operation of a motor vehicle, supporting evidence must be presented "from which the trier … intoxicated at the time of [an] accident unless there is supporting evidence . . . ; in the absence of supporting …
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njcourts.gov
… granted the State's motion, finding no published precedent supporting defendant's claim. Immediately after the judge … in those trials. However, defendant's petition was not supported by a certification 6 A-2382-16T4 explaining what … of her co- defendants. He also found that her claim was not supported by any certification attesting that she would have …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Stein v. Dep't of Law & Pub. Safety, … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Richardson v. Bd. of … vulnerability." Rather, the record supports the Board's determination that, under the circumstances of both incidents, …
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njcourts.gov
… counsel was ineffective in not calling three witnesses. In support of that argument, defendant contended that he had … reasons to question their credibility, but the ultimate determination on their credibility must await the judge's … Div. 1998)) ("Assessment of credibility is the kind of determination 'best made through an evidentiary proceeding …
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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 …
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njcourts.gov
… year later. As the relationship deepened, defendant and her children moved in with Lopez. She assumed a more prominent … held only if a defendant presents "a prima facie claim in support of post-conviction relief." R. 3:22-10; State v. … must allege 8 A-1635-15T3 specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, …
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njcourts.gov
… facts found in the trial record. Plaintiff resided in her childhood home with her mother, another brother, and … the judge concluded the evidence was insufficient to support the allegation of terroristic threats. Her complaint … are largely based on the judge's detailed credibility determinations and feel of the case, we discern no error. See …
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njcourts.gov
… would be distributed to each of decedent's three grandchildren, and the remainder of the trust corpus would be … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … judge unless it is convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… hearing when he "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant must demonstrate … under the second prong of Strickland/Fritz. The record supports the PCR judge's findings. C. "Generally, an … all of the legitimate arguments that the record will support. If after investigation counsel can formulate no …
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njcourts.gov
… motion, Judge McGovern determined that the affidavit in support of the application "fail[ed] to describe exactly … 6, 2019, plaintiff filed a motion for reconsideration. In support of that motion, plaintiff offered additional … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the …
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njcourts.gov
… and disinvestment in the residential community [was] unsupported by any test, study or empirical data." Instead, … professional judgment . . . ." Based on his credibility determinations regarding the expert testimony, the judge found … the Ordinance. The judge agreed with the Council's determination "the development of a hotel and freestanding …
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njcourts.gov
… of material facts, see Rule 4:46-2(a), and was further supported by the certification of Divyesh Kothari (Kothari), … Kothari precisely detailed the 4 A-0575-17T1 computations supporting the yield maintenance fee in accordance with the … of foreclosure and that defendant "[did] not submit any supporting affidavits" with its opposition to plaintiff's …
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njcourts.gov
… to represent defendant, and counsel filed a brief in support of the petition. The PCR court found that … warrant assignment of counsel, and there was no factual support for the claim of newly discovered evidence. The … defendant raised a claim of newly discovered evidence. In support of that claim, defendant submitted to the PCR court …
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njcourts.gov
… petition if the defendant presents a prima facie case in support of PCR, the court determines there are material … reason for asking the question. The record supports that determination. On appeal, defendant argues that the question … which was S-10. Thus, the record supports the PCR court's determination that defendant had not established a prima facie …
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njcourts.gov
… DNA statistical evidence described by the State's expert supports the identification. Defendant was employed minutes … have been followed, if competent credible evidence supports each finding of fact upon which the sentence was … (1984). Aggravating and mitigating factors must be fully supported by the evidence. State v. Blackmon, 202 N.J. 283, …
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njcourts.gov
… that was the primary asset of the Partnership. In support of the motion, Halpern submitted a proposed form of … 424 N.J. Super. 357, 367 (App. Div. 2012). Such "'determinations by trial courts will be disturbed only on the … which complied with RPC 1.5(a), and supports its determination as to the quantum of attorney's fees and costs …
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njcourts.gov
… The only evidence upon on which defendant relied in support of his claim he became an equity partner was the … motion, the court "must accept as true all evidence which supports the position of the party defending against the … language in N.J.S.A. 42:1A-10(c)(3) defendant claims supports the premise he was an equity partner states, "[a] …
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njcourts.gov
… There was sufficient credible evidence in the record to support the judge's finding that defendant left the scene of … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious …
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A-44-52-23 Reply Brief New Jersey Association For Justice
Briefs
njcourts.gov
… 2 4 2024 SUPREME COURT OF NEW JERSEY REPLY BRIEF IN FURTHER SUPPORT OF NJAJ'S PETITION FOR REVIEW OF ADVISORY COMMITTEE … iii ARGUMENTS IN FURTHER SUPPORT OF REVIEW AND REVERSAL ... 1 I. THE COMMITTEE … passim 111 ARGUMENTS IN FURTHER SUPPORT OF REVIEW AND REVERSAL Under the guise of a "plain …