njcourts.gov
… when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
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… of Court require—and cannot do so informally in a brief supporting a motion for reconsideration; the judge failed to … dismiss a complaint for failure to state a claim in a brief supporting its motion for reconsideration of a restoration … This is meant to ensure "that the court makes its own determination of the matter." Ibid. (citations and internal …
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… any claim arising out of the agreement. Blade's motion was supported by two copies of the contract, which was a form … "De novo review applies when appellate courts review determinations about the enforceability of contracts, … Blade offered no certification from its representative in support of the motion, relying only on the two versions of …
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… there is substantial credible evidence in the record to support them. N.J. Div. of Youth & Fam. Servs. v. E.P., 196 … been derived entirely from premarital funds. This was amply supported by the evidence presented by defendant. There was …
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… defendant filed a motion to withdraw his plea. In his supporting certification, defendant alleged he "steadfastly … it noted "[t]he pronouncements made by this Court clearly support that the exemption applies to possessing weapons …
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… whether the record contains sufficient credible evidence to support the judge's findings. State v. Lamb, 218 N.J. 300, … there exists sufficient credible evidence in the record to support the judge's findings, which we will not disturb. As …
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… a single case management order signed by the judge in support of this contention. 4 A-0454-19 at Children's Specialized Hospital followed by a regimen of … direct result of the assault of April 9, 2012" effectively supported. The Weiss report does discuss prior injuries, …
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… "consistently." He noted "the testimony [wa]s also supported by the body cam footage that was marked as S-2 and … judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. …
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… it is "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … Prison, 81 N.J. 571, 579-80 (1980)). When making that determination, we consider: (1) whether the agency's action … bound by the agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Carter, 191 …
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… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … where he would have rejected the plea offer. The record supports Judge Donohue's findings in this regard. We also … sentencing claim was "not an appropriate issue for determination on a petition for PCR." Any such claim of …
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… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
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… (Board). The June 6, 2019 resolution affirmed a determination of the Fair Haven zoning officer that a proposed … an appeal to the Board challenging the zoning officer's determination that the proposed restaurant is a Category Two … interpretation of the zoning ordinance was reasonable and supported by the record. The judge noted that the Board's …
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… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … defendant in the parking lot. The judge's findings were supported by the sufficient, credible evidence in the …
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… incorrect meter constant." The Board accepted the ALJ's determination that the "any other legitimate reason" clause in … II. Our review of an agency's final administrative determination is limited. In re Carter, 191 N.J. 474, 482 … capricious or unreasonable, or that it lacked fair support in the evidence." Ibid. (quoting Campbell v. Dep't 7 …
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… Farm knew he relocated to New Jersey in December 2017. In support of this argument, plaintiff noted State Farm sent … for both economic and noneconomic injuries." Second, it supports the statutory "policy of cost containment by …
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… convictions. II. Appellate courts review sentencing determinations deferentially. State v. Fuentes, 217 N.J. 57, … imposing such sentence including . . . the factual basis supporting a finding of particular aggravating or mitigating … court to provide statement on record of "factual basis supporting its findings of particular aggravating or …
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… or subsequent application for [PCR]. [R. 3:22-4(b)(2).] To support defendant's PCR claim, he points to this court's … would have accepted them. Nor is there sufficient evidence supporting defendant's bald assertion that there is a …
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… against his previous counsel were unsworn and not supported by any testimony, affidavit, or certification. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" …
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… I. The parties were married on May 28, 1995, and had two children who are now adults. During the marriage, the … share of the net proceeds, which she would apply to their children's graduate-school expenses. The MSA also provided: … all such accounts." Plaintiff moved for reconsideration. In support of that motion, plaintiff certified her "access to …
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… parole disqualifier was excessive because "the evidence supported [his] contention that the true intent was to … N.J.S.A. 2C:44-1(a)(3) and (6). These factors were supported by the credible evidence found in the record. The …