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- A-2766-19 Opinionnjcourts.gov… and discuss options such as trial." To 7 A-2766-19 support his amended petition, defendant certified although … barred, defendant failed to make a prima facie showing in support of his ineffective assistance of counsel claim. …
- A-2879-19 Opinionnjcourts.gov… in her affidavit. Her deposition testimony does not support the argument that the accident "occurred directly in … notice of the water . Moreover, well-settled law does not support a finding of constructive notice based on the …
- A-2688-20 Opinionnjcourts.gov… N.J. Super. 378, 382 (App. Div. 2015). A-2688-20 6 The determination whether plaintiff satisfied the AOM statute is a … who are defendants in medical malpractice actions is also supported by and consistent with the stated purpose of the … Id. at 235. It concluded: "There is simply no textual support for the application of the like- qualified …
- A-1607-20/A-2037-20 Opinionnjcourts.gov… County. We affirm. I. We review the OAG's administrative determination in accordance with a deferential standard of … court "should not reverse the Attorney General's determination unless it is arbitrary, capricious or 3 A-1607-20 unreasonable or it is not supported by substantial credible evidence in the record as …
- A-0416-21 Opinionnjcourts.gov… the order under review here. 2 The Board submitted a letter supporting defendant's arguments on appeal. 3 A-0416-21 … arbitrary, capricious, and unreasonable; was otherwise unsupported by sufficient facts; violated the law; and … constitutional questions"; (2) "informal or ex parte determinations of legal questions by administrative …
- A-1644-20 Opinionnjcourts.gov… an application with the [c]ourt for a[n] extended term." To support this argument, he certified 1 The Rule provides, in … disagree and add the following comments. Here, the record supports the judge's findings that: (1) the State filed an …
- A-1737-15T1 Opinionnjcourts.gov… fundraisers to fund its law enforcement activities in support of its mission, and accepts donations on its … N.J. Super. 278, 286 (App. Div. 2013). A trial court's "determinations with respect to the applicability of OPRA are … are beyond the scope of an ordinary demand." The record supports the trial judge's finding that plaintiff's request …
- A-3961-17T2 Opinionnjcourts.gov… substantive. If it is but one step in the ladder to final determination and can effectively aid a court function, it is … Moreover, ABC presented no legally competent evidence to support its claim 4 ABC's counsel indicated at oral argument … to be applied prospectively only. The caselaw ABC cites in support of this position, however, relates to substantive …
- A-3161-20 Opinionnjcourts.gov… (PCR) without an evidentiary hearing. We affirm the PCR determination and remand for correction of the judgment of … unless "a defendant has presented a prima facie [case] in support of [PCR]." State v. Marshall, 148 N.J. 89, 158 … into the plea by counsel. Similarly, the record does not support the claim defendant was uninformed or misinformed …
- A-2172-20 Opinionnjcourts.gov… was assigned PCR counsel, who filed an amended petition and supporting brief on May 1, 2020. On July 30, 2020, the PCR … have been different." 7 A-2172-20 Id. at 694. Defendant's unsupported, self-serving allegations are not sufficient to … We will uphold a PCR court's factual findings "that are supported by sufficient credible evidence in the record." …
- A-1203-21 – CAROL L. BARON VS. LISA YOUNGBRODER, ET AL. (F-006485-20, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the final judgment. In defendants' certification filed in support of the motion, they sought relief to "allow [them] … relevant to Rule 4:50-1(a) and made "irrelevant" and "unsupported" factual findings. Plaintiff also asserts the … v. Little, 135 N.J. 274, 283 (1994)). A court's determination under Rule 4:50-1 "warrants substantial …
- njcourts.gov… an evidentiary hearing was not required. In reaching the determination, we stated: As the PCR court determined, the record does not support defendant's claim that his attorney did not properly … referred to our 2017 unpublished opinion to support his determination that trial counsel made "sure that [defendant] …
- A-1065-19 – STATE OF NEW JERSEY VS. MELVIN PERALTA (16-01-0036, SOMERSET COUNTY AND STATEWIDE) Opinionnjcourts.gov… he was instructed to report to Ralph Street to provide support to the case agent, Det. Senel. His understanding was … prior to the seizure of evidence, and the arrest was unsupported by probable cause. II. In reviewing a motion to … 175 N.J. 502, 511 (2003)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
- A-2172-20 – STATE OF NEW JERSEY VS. MARK MARTIN (15-01-0031, GLOUCESTER COUNTY AND STATEWIDE) Opinionnjcourts.gov… was assigned PCR counsel, who filed an amended petition and supporting brief on May 1, 2020. On July 30, 2020, the PCR … have been different." 7 A-2172-20 Id. at 694. Defendant's unsupported, self-serving allegations are not sufficient to … We will uphold a PCR court's factual findings "that are supported by sufficient credible evidence in the record." …
- njcourts.gov… (PCR) without an evidentiary hearing. We affirm the PCR determination and remand for correction of the judgment of … unless "a defendant has presented a prima facie [case] in support of [PCR]." State v. Marshall, 148 N.J. 89, 158 … into the plea by counsel. Similarly, the record does not support the claim defendant was uninformed or misinformed …
- A-5399-15T4 Opinionnjcourts.gov… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
- A-2853-15T2 Opinionnjcourts.gov… operations, but offers no citation to the record to support that such equipment is in fact kept in there and … The court also found that the record failed to support a finding of actual or constructive notice of a …
- njcourts.gov… (weekly reporting) with "strict home detention," albeit not supported by electronic monitoring. The court ordered … released into the community. 11 A-2006-22 Given its well-supported finding that defendant poses a high risk to …
- A-0236-16T4 Opinionnjcourts.gov… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
- A-4460-17T2 Opinionnjcourts.gov… doubt about his responsibility for the murder. In support of his argument, defendant relies on an uncertified … his 2013 petition. 8 A-4460-17T2 offered no evidence to support his claim he was unable to uncover the victim's …