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njcourts.gov
… of him. The judge found an adequate factual basis to support the plea and accepted the guilty plea. In exchange … ineffective assistance of counsel claims were "unsupported and without merit ," and entered an order denying … 2C:44-1(f)(2). Although the judge did not make this determination at the initial sentencing, on remand defense …
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njcourts.gov
… defendant's motion for summary judgment but rather only in support of his motion for reconsideration. But the record … a self-service counter. And, no evidence was presented to support plaintiff's argument as to what defendant's …
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njcourts.gov
… factor nine based upon defendant's numerous letters of support but afforded little weight to this factor based on … factor nine for the reasons previously expressed in support of the other aggravating factors. Based upon his … on the record the right to appeal from the adverse determination of any specified pretrial motion. If the …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … (rev. Jan. 19, 2012).] 12 A-3891-21 "Integral to a determination of harassment" is a finding by the trial court …
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njcourts.gov
… "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … no basis to disturb the trial court's findings, ably supported in the record, that based on defendant's …
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njcourts.gov
… APPEAL OF WOMEN-OWNED BUSINESS ENTERPRISE INELIGIBILITY DETERMINATION. ______________________________ Submitted … of the Division's administrative review of the auditor's determination. The Division denied Castaway's protest appeal … to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
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njcourts.gov
… identify evidence to be submitted at the proof hearing in support of the alleged true market value of the real … unnecessary expense and delay, and promoting a just determination of legal issues. They provide the necessary … high degree of expedition in the initiation, progress and determination of the matters constituting the business of the …
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njcourts.gov
… v. Washington, 466 U.S. 668, 687 (1984). Discerning no support for defendant's claim of ineffective assistance of … Defendant makes this self-serving contention absent any supporting proof or affidavits. Indeed, he neither …
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njcourts.gov
… of the facts and discussion to those pertinent to our determination of the issues raised before us. In November … trial court's factual findings "are binding on appeal when supported by adequate, substantial, credible evidence." … 154 N.J. 394, 411-12 (1998)). Likewise, a trial court's determination of whether to void a default judgment pursuant …
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njcourts.gov
… requested relief. 5 A-4148-23 II. Generally, a court's determination whether to vacate a judgment under Rule 4:50-1 … decision [as to] whether to vacate a judgment . . . is a determination left to the sound discretion of the trial court, … 429 N.J. Super. 91, 98 (App. Div. 2012); Rule 4:50-2. In support of her argument, defendant cites specific language …
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njcourts.gov
… her thenestranged husband Sebastian Kirch's home so their children could visit with him. After parking her car on the … "buy some stuff," which apparently included diapers for the children, when he hit the rear of the Allens' car, which was … member" carve-out does not apply because the record did not support a possible finding Chrisitan was a "resident" of …
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njcourts.gov
… on lid safety, and the replacement of the frozen nut support a reasonable inference that unsafe conditions were … & Exposition Auth., 169 N.J. 119, 130 (2001). However, a determination of palpable unreasonableness, "'like any other … that create a genuine and material factual question to support the conclusion that the Wildwood defendants' conduct …
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njcourts.gov
… (2) whether the record contains substantial evidence to support the findings on which 13 A-0534-24 the agency based … from the VOA. Second, there was "substantial evidence" to support the finding Kelly had received a disciplinary … undo the VOA's discharge from the program, finding: "The determination of the VOA to discharge Mr. Kelly from the …
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njcourts.gov
… defer to a trial court's factual findings when they "are supported by sufficient credible evidence in the … to transform their expectations into probable cause to support a search." Id. at 173. The Court in Smart also … We therefore agree with the motion court's spontaneity determination. 14 A-0099-25 We part company, however, with the …
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njcourts.gov
… the "court must accept as true all the evidence which supports the position of the party defending against the … requires that we "accept as true all the evidence which supports [plaintiff's] position" and "accord [her] the …
njcourts.gov
… Point II The trial court erred in its Miranda waiver determination where the State did not prove voluntariness … of 16 A-0122-23 the trial court if those findings are supported by sufficient credible evidence in the record." … Therefore, we discern no error in the trial court's determination that mitigating factors related to justification …
njcourts.gov
… and presented two certified judgments of conviction in support of its application. The trial court accepted those … holding that even “seemingly straightforward” factual determinations relating to prior convictions are reserved for … Sixth Amendments require a unanimous jury to make that determination beyond a reasonable doubt. Ibid. The ACCA did …
njcourts.gov
… and orderly disposition of [outstanding] charges and determination of the proper status of any and all detainers … so broadly. According to the State, New Jersey case law supports the denial of credit for out-of-state pre-trial … and orderly disposition of [outstanding] charges and determination of the proper status of any and all detainers …
njcourts.gov
… proceeded to extract favorable testimony from Dr. Hua to support his self-defense theory, emphasizing that the shot … defense counsel characterized Dr. Hua’s testimony as supportive of a self-defense theory. He argued that “Dr. … extract as much favorable testimony from Dr. Hua as might support his self-defense theory. Through Dr. Hua’s …
njcourts.gov
… Plaintiff has failed to state with sufficient facts to support that Defendant herself engaged in fraudulent … 18, 22. These allegations, as stated, are insufficient to support the notion that Defendant, in her unique position as … Title to First American. Therefore, there are no facts to support the imposition of partnership liability in this …