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… 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determined, the record does not support defendant's claim that his attorney did not properly … referred to our 2017 unpublished opinion to support his determination that trial counsel made "sure that [defendant] …
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… 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." …
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… (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 …
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… two issues together and relies on the same arguments in support and in the alternative: her March 9, 2022 … purported extraordinary circumstances were insufficient to support leave to file a late notice of tort claim. Separate …
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… addresses (radius depending on 7 A-2842-21 location)." In support of that application, the State presented the court … criteri[a]" involved in a Megan's Law classification determination. Id. at 569. We have also stated that a motion … it must file an appropriate motion under Rule 4:50-1 and support that motion with a complete record, including a copy …
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… (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … in that regard" without further explanation.3 There is no support for that statement in the record. Therefore, we …
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… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … Adar every reasonable inference from the facts alleged in support of its quasi-contract claim for unjust enrichment, …
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… principles" raised by defendants in their opposition "would support . . . [his] conclusions regarding the equitable … determined that the evidence presented was insufficient to support the plaintiffs' claims against the defendant and …
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… (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 …
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… The court provided the following explanation for its determination: In the present case, [defendant] was known to … the trial court's decision so long as those findings are supported by 8 A-0003-22 sufficient credible evidence in the … the absence of any explanation for the basis of a court's determination, which hinders appellate review, we must vacate …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017). We … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
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… to evidentiary hearings if they present a prima facie case supporting PCR, the court determines there are material … defer to the PCR court's factual findings when those are "'supported by adequate, substantial[,] and credible …
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… a mortgage in plaintiff’s favor. These circumstances do not support an order of partition. Instead, the court turns to … he never made a gift anything near this amount to his own children or, for that matter, to any of defendant’s … or she and plaintiff together, made a gift to any of their children anywhere near the size of what defendant claims …
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… DEFENDANT THE OPPORTUNITY TO SUBMIT A MERITS BRIEF IN SUPPORT OF HIS SECOND PCR CLAIMS. POINT II AS DEFENDANT … the outcome of the trial might well have been different. In support, the Court favorably cited our 2012 opinion’s …
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… Department of Labor, affirming the Appeal Tribunal's determination he was liable to repay $12,240 in unemployment … Act), 15 U.S.C. §§ 9001-9141. The record and applicable law support the Board's determination that Jimenez was disqualified for regular …
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… for filing their complaint and to supplement the record. In support of their motion, plaintiffs submitted several … N.J.S.A. 40:55D-10(f) and addressing issues not ripe for determination. Because we agree plaintiffs' complaint was … of prerogative writs shall be commenced . . . to review a determination of a planning board or board of adjustment . . . …
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… Office reopened the investigation in August 2001 at the children's request. Law enforcement interviewed additional … that occurred after the murder, and the sentence was supported by two court decisions that were decided after … imposed because the 8 A-2664-22 sentencing court's determination he was a persistent offender was improperly …
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… should accept a trial court's findings of fact that are supported by substantial credible evidence." In re Return of … the girlfriend was harassing and concerning, the judge's determination also rested on Esposito's threats to the … findings of fact. The judge's factual findings were supported by substantial credible evidence in the record. …
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… and 4:50-1(b)-(f). Plaintiff submitted a certification in support of the motion in which he contended, among other … [an order] on one of the six specified grounds is a determination left to the sound discretion of the trial court, … Baumann, 95 N.J. at 395. The facts of this case do not support a finding of exceptional circumstances entitling …
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… N.J. Super. 149, 159 (App. Div. 2009). The circumstances supporting a finding of excusable neglect must be … the PCR "petition itself must allege the facts relied on to support the [excusable neglect] claim," State v. Mitchell, …