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- A-2846-14T1 Opinionnjcourts.gov… foreclose. Thus, although the Notice of Appeal and brief in support of appeal 3 A-2846-14T1 on the residence, in favor … default. Rather, he contended that he needed discovery to support his belief that there were genuine issues of … correctly determined that defendant's pleadings were unsupported by credible evidence, therefore she 11 A-2846-14T1 …
- A-4294-14T2 Opinionnjcourts.gov… he was entitled. 5 A-4294-14T2 In a certification filed in support of his PCR petition, defendant stated that prior to … second-degree crime to which he was pleading guilty. PCR determinations are guided by the two-prong Strickland/Fritz3 … consisted of. Id. at 556-57. In affirming the PCR judge's determination that a prima facie case had not been …
- A-5932-17T5 Opinionnjcourts.gov… A.G.'s expert's opinion to the contrary, finding it not supported by the evidence in the record. 8 A-5932-17T5 Judge … person." "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … deference. Ibid. We will "not modify a trial court's determination either to commit or release an individual unless …
- A-3017-17T2 Opinionnjcourts.gov… II. We are satisfied that sufficient credible evidence supports the judge's decision. Compensability requires a … and the possibility that it has metastasized, fully support the judge's conclusion. It too was also based on …
- A-4496-16T2 Opinionnjcourts.gov… for refusing to submit to a breathalyzer test. In support of his appeal, defendant presents the following … Judge Deitch correctly determined that Nunnally does not support vacating defendant's conviction. Judge Deitch …
- A-4776-17T4 Opinionnjcourts.gov… the crosswalk when the pedestrian entered the crosswalk. In support of her argument, defendant relies upon the MVC's … 39:4-36(a). The judge merely referenced evidence, which supported the conclusion that defendant had sufficient time …
- A-5713-17T3 Opinionnjcourts.gov… publish research papers in the [the Journal.] He provided a supporting certification for "Default Judgment." In his … has cited no language in either of these decisions that supports his assertion another court found the Association's …
- A-4405-17T3 Opinionnjcourts.gov… an order granting summary judgment to the City. The court supported that order with a written opinion. In its … not palpably unreasonable, and does not require a jury determination. See Maslo, 346 N.J. Super. at 351. 9 … N.J.S.A. 59:2-3(d) establishes immunity for discretionary determinations concerning the use of public resources. In …
- A-2026-18T1 Opinionnjcourts.gov… State then informed the court that no evidence existed to support the court's assumption that the police truck parked … to the fact findings of the trial court, provided they are supported by substantial credible evidence in the record, …
- A-6012-17T2 Opinionnjcourts.gov… should not deprive plaintiffs of their legal rights. In his supporting certification, counsel noted the University's … we are of the view that the jurisdictional issues raised in support and opposition to dismissal "should be addressed in …
- A-5619-17T3 Opinionnjcourts.gov… possession was executed on April 4, 2018. The certification supporting the request for the writ detailed the chain of … to dismiss the complaint. John included a certification in support of the motion, claiming he "was not summoned to … Guillaume, 209 N.J. 449, 467 (2012). "The trial court's determination under [Rule 4:50-1] warrants substantial …
- A-3493-17T1 Opinionnjcourts.gov… THE UNCORROBORATED ALLEGATIONS OF THIRD PARTIES OFFERED IN SUPPORT OF THE SEARCH WARRANT APPLICATION WERE SUFFICIENT, … at 238). 8 A-3493-17T1 Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
- A-1157-18T2 Opinionnjcourts.gov… Scope of Review The scope of our review of a final agency determination by PERC is limited. City of Jersey City v. … intent, we apply a deferential standard of review to determinations made by PERC." Ibid. (citing In re Hunterdon … arbitrary, capricious, or unreasonable, the findings lacked support in the evidence, or there was a violation of PERC's …
- A-1029-18T3 Opinionnjcourts.gov… Prison (NSP), appeals from the October 17, 2018 final determination of the Department of Corrections (DOC) … to Clarke, although the recording from the cage area supported his version of events, he sought production of the … supports the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
- A-2937-17T3 Opinionnjcourts.gov… Jerejian that defendants produced no competent evidence supporting that they timely accepted the August 2014 loan … opposition to an uncontested foreclosure. 8 A-2937-17T3 In support of its motion for summary judgment, plaintiff's vice …
- A-0462-18 Opinionnjcourts.gov… the relevant questionnaire. Once completed, it did not support the claim. The only documentation defendant attached … on the basis that the State did not offer adequate proof to support the charges. Without much explanation, the judge …
- A-0400-19 Opinionnjcourts.gov… defendant also filed, through PCR counsel, a brief in support of his petition. In the brief, he argued that his … hearing when he "has presented a prima facie [claim] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 …
- A-2353-19 Opinionnjcourts.gov… his Miranda[1] rights were violated, and he has three small children for whom he cares. Defendant provided no facts to support a colorable claim of innocence, demonstrated no flaw … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
- A-0992-19 Opinionnjcourts.gov… If there are materially disputed facts that could support the legal requirements for liability, the motion for … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). With this in mind, we conclude the trial …
- A-3110-20 Opinionnjcourts.gov… that "[his] constitutional rights were violated." In a supporting counseled brief, 5 A-3110-20 defendant argued … would cause his ailing mother, fiancée, and three minor children. See State v. Hess, 207 N.J. 123, 154 (2011) … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …