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… he wanted to use one of the body-worn-camera recordings in support of his client's defense. Malik's attorney advised … for severance of defendants' trials. In the certification supporting his motion, the attorney stated: If Mateen Malik … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 …
njcourts.gov
… factual findings concerning jurisdiction if they are supported by substantial credible evidence. Rippon v. … the plaintiff bears the burden of demonstrating facts that support personal jurisdiction, courts [should allow] … will not disturb a trial court's factual findings when supported by substantial credible evidence, we are …
njcourts.gov
… Code strictly deals with detainees, and there is no legal support to extend this to persons who are released by a … judge] did that she shouldn't have done in making this determination." The motion judge entered the March 31, 2023 … facts or legal principles. None of the Hopkins factors support imposing a duty on defendants. The record readily …
njcourts.gov
… In February 2022, defendant's PCR counsel filed a brief in support of defendant's PCR petition along with defendant's … testify. The PCR court further found a lack of evidence to support defendant's contention that had he testified, the … chose not to testify. To this [c]ourt, the objective record supports the finding that defendant freely chose not to …
njcourts.gov
… factors inapplicable where the record did not apparently support weighing criteria against admission, including … (citing State v. Nwobu, 139 N.J. 236, 246 (1995)). This determination is "'primarily individualistic in nature' and a … on whether the defendant should be admitted into PTI, the determination must consider the factors set forth in N.J.S.A. …
njcourts.gov
… "[w]hen a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an … presented. The main case the trial court cited to support its procedural ruling, Cho, 443 N.J. Super. at 464, … set forth in pretrial orders with respect to the date for determination of value in blighted area cases, they "are …
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… Order. Donovan, however, explained that he did not make a determination relative to any other violations of the Post … [the ALJ]'s substantive analysis, legal analysis[,] and determination of the charges and penalty. POINT II [The ALJ] … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & …
njcourts.gov
… custody litigation are not reasonable. In reaching this determination, the court reviewed the certification of [the … Before us, the argues that the judge's findings were not supported by the evidence warranting vacatur and reversal of … for a clear abuse of discretion and will disturb that determination "only on the rarest [of] occasions [.]" Hansen …
njcourts.gov
… assistance of counsel. He held that defendant did not support his contention that he would 6 A-0204-23 get into … Our review is deferential to a PCR court's factual findings supported by sufficient credible evidence. State v. Gideon, … an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material …
njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … preponderance of the evidence that a motor vehicle stop is supported by a reasonable and articulable suspicion the …
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… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … those relied upon by the trial court"). Considering our determination, we do not reach plaintiffs' remaining …
njcourts.gov
… made by the trial court will not be disturbed if they are supported by sufficient credible evidence in the record. … Vandeyar 10 A-2461-22 was relying on that description to support his articulable suspicion to stop defendant. The … that "seemingly furtive movements, without more," do not support a reasonable articulable suspicion of criminal …
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… rights. Thereafter, defendant provided a factual basis to support his plea. In addition, defendant stated he had … of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
njcourts.gov
… This court "uphold[s] the PCR court's findings that are supported by sufficient credible evidence in the record." … homicide. We discern no abuse of discretion in that determination. The judge then further determined that the … in the record. We similarly concur with Judge Walsh's determination that any claims regarding the Gomez attempted …
njcourts.gov
… 561, 571 (2002)). We review de novo a trial court's legal determinations. Ibid. "A trial court's interpretation of the … applying the good cause standard to determine if the record supports reinstating the complaint, the procedure followed … prejudice analysis must be fact-based and not grounded in unsupported generalities regarding witness unavailability or …
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… 1996). 5 A-2831-17T4 sentence imposed in the [JOC was] not supported by the record" and "counsel was ineffective" for … the judge "agree[d] that [defendant's] sentence [was] not supported by the record." The judge explained: At your … Harris, 181 N.J. 391, 419-21 (2004) (emphasis omitted). To support a claim of ineffective assistance of counsel, a …
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… 3, 2018, Fargil moved for entry of final judgment. In support, Fargil submitted an affidavit of non-redemption by … to purchase the property for the sale price of $455,000. In support, Fargil submitted certifications from David Farber, … to the sound discretion of the trial court, whose determination will be left undisturbed unless it results from …
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… discovery, and sanction the Attorney General's Office. In support, plaintiff's attorney certified that during the … attorney, among the statements supplied by defendants in support of their summary judgment motion was an April 23, … Schs., 362 N.J. Super. 494, 506 (App. Div. 2003). "The determination of a motion to amend a pleading is generally …
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… Barker, 407 U.S. at 522. However, a trial judge's factual determination on a speedy trial issue "should not be … caused the delay, yet he failed to provide any factual support for his bald assertion. Officer Van Gough arrested … municipal court and the record otherwise lacks evidence to support his contention, we conclude the Law Division did not …
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… clause are ambiguous, 'courts apply the meaning that supports coverage rather than the one that limits it.'" … 'a court should not engage in a strained construction to support the imposition of liability.'" Ibid. (quoting … of the language, courts apply the meaning that supports coverage rather than the one that limits it." …