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A-3546-22 Briefs
Briefs
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njcourts.gov
… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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njcourts.gov
… Because the trial court conducted a thorough and factually supported analysis of the Barker1 factors, we affirm. I. On … N.J. Super. 633, 644 (App. Div. 2021). A trial judge's determination that a defendant's right to a speedy trial was violated will only be reversed if that determination is clearly erroneous. State v. Tsetsekas, 411 …
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njcourts.gov
… has not provided this [c]ourt with competent evidence to support her arguments. As such, [p]laintiff has not shown … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… for a new trial based on newly- discovered evidence. In a supporting certification, defendant claimed he was unaware … found that "[n]ot a scintilla of evidence was presented supporting this wholly self-serving and untimely assertion." … IAC claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
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njcourts.gov
… A-0408-22 On July 13, 2022, Jo-Med filed a certification in support of an award of attorney's fees and costs. On August … contract. Substantial credible evidence in the record supports the judge's judgment in favor of Jo-Med. Indeed, … to perform "in accordance with" the contract is also unsupported. The record 13 A-0408-22 demonstrates no genuine …
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njcourts.gov
… 1, 2020). We briefly set forth the facts material to our determination of defendant's second PCR appeal. On August 30, … offer if he had been aware of his possible exposure was unsupported in the record. At a pretrial hearing, the trial … found defendant's testimony lacked credibility and was not supported by the record. 6 A-3080-21 The State presented the …
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njcourts.gov
… that No Delays Could be Attributed to the State is Not Supported by the Record and is Clear Error. B. The Trial … the remand will result in additional delay in the determination of defendant's speedy trial claim, but we are … findings of 14 A-3752-21 fact and conclusions of law in support of its decision. R. 1:7-4. Nothing in this decision …
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njcourts.gov
… he continued to live with his parents, providing financial support as well as care to his mother, who suffers from … We likewise reject defendant's contention that Bruen supports the proposition that gun possession crimes are …
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njcourts.gov
… process." Sullivan, 403 N.J. Super. at 96. The record supports the trial court's decision to dismiss plaintiff's … be used. The trial court found that there was no good cause supporting plaintiff's requests for a protective order and …
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njcourts.gov
… tax board, thus barring the assessor from testifying in support of raising the assessments. The taxpayer argues the … or appraiser differs from the run-of-the-mill credibility determination utilized for fact-finding. For typical … lack of credibility does not automatically equate with a determination the witness is lying. For example, a witness on …
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… present witnesses to show K.G. fabricated her claims. In support of his petition, defendant submitted a certification … testimony" and "uphold the PCR court's findings that are supported by sufficient credible 20 A-3508-22 evidence in … defendant's right to testify were not deficient are fully supported by the record and, thus, the legal conclusions …
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… N.J. Super. at 27-28 (same). Petitioners cite one case in support of their assertion this court has the authority to … at 177). And the applicable statutory language fails to support petitioners' assertion we can declare a law void … challenges by its own unambiguous language. To support their assertion this court can declare a statute …
njcourts.gov
… bodily injury" to Sciarretta beyond a reasonable doubt to support the endangering charge. The judge imposed a … 544 (2021) ("The plain error standard requires a twofold determination: (1) whether there was error; and (2) whether … there was sufficient credible evidence in the record to support the jury's guilty verdict to third-degree resisting …
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… factual findings" and uphold them so long as they are supported by "sufficient credible evidence in the record." … other evidence in the record beyond the cigarettes to support the trial court's conclusion that Officer Royce had … of the other specific and articulable facts. 16 A-2296-21 supported Officer Royce's reasonable suspicion and provided …
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… said she was fortunate to have two houses. She had two children. She was going to ask her son which house he wanted … is this about houses. Truth is, she has two houses and two children. She told me she asked you what house you wanted … that findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, 221 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. … court's discretion"). Here, the record was sufficient to support the preclusion of plaintiff's medical expert without …
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… event, he contended the totality of circumstances did not support the stop because the CI's tip lacked veracity or a … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … activity, we cannot 19 A-0450-22 make an independent determination of whether that conclusion was reasonable." Id. …
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… court found that defendant had not presented evidence to support his argument that he was returning from work at the … de novo. The court deferred to the credibility determinations made by the municipal court judge. See State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… controlled which circuit. These undisputed facts fully support the court's finding that "HGB knew of the condition … design and construction. Ibid. With respect to our determination defendant did not owe plaintiff a duty to … box, plaintiffs argue that knowledge "does not change the determination that [HGB Realty 2] owed a duty of care, nor is …