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njcourts.gov
… to substitute in as new trial counsel for defendant. In support of that motion, Ashley certified that defendant had … claims involves matters of fact, but the ultimate determination is one of law[.]" State v. Harris, 181 N.J. 391, …
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njcourts.gov
… [PCR] counsel can formulate no fair legal argument in support of a particular claim raised by defendant, no …
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njcourts.gov
… review, we discern no basis for disturbing Judge Smith's determination. We therefore affirm substantially for the … elevation of this kind is not sufficient, in itself, to support a finding that there is a substantial risk of … this were not the case, we also agree with Judge Smith's determination that plaintiff failed to show that "the action …
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njcourts.gov
… not conducted an evidentiary hearing, legal and factual determinations are reviewed de novo. State v. Harris, 181 N.J. … "if a defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 …
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njcourts.gov
… In contrast to a due process claim, which a defendant must support with a showing of "actual prejudice, not possible or … of this case. Even accepting those unspecific and unsupported assertions, we agree with the first Law Division …
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njcourts.gov
… or April 2018 when plaintiff discovered the damage.2 In support of that argument, plaintiff relies on one case: …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … we offered the following guidance: Although this second determination – whether a domestic violence restraining order …
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njcourts.gov
… door. Once inside, defendant sexually assaulted two children before being caught in the act by their mother. … physical evidence. Id. at 289-90. Here, there is no support that the physical evidence would have been …
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njcourts.gov
… before us. Plaintiff has cited no legal authority to support his contention that a one-year time limit for an … an internal appeal and defendant never rendered a final determination on it, we hold that plaintiff's argument is …
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njcourts.gov
… underlying the trial court's decision provided they are supported by sufficient 11 A-5801-17 credible evidence in …
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njcourts.gov
… Avenue in Elizabeth ("the property"). Because the record supports the court's determination that SHMI was a title holder when the complaint … the default foreclosure judgment. II Generally, a court's determination under Rule 4:50-1 warrants substantial deference …
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njcourts.gov
… of review following a bench trial is well-known. Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … 237 N.J. Super. at 612).4 No proofs in the trial record support a reasonable relationship between the default rate …
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njcourts.gov
… searched the record on appeal and are not certain how Bell supported the demand for Asatrian's telephone records. … matters where "the court has abused its discretion or its determination is based on a mistaken understanding of the …
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njcourts.gov
… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… is presumed to have acted upon adequate factual support." Singer v. Twp. of Princeton, 373 N.J. Super. 10, … and ascertainable by every[]one." Ibid. (quoting Abalene Extermination Co., Inc. v. Oser, 125 N.J. Eq. 329, 332 (Ch. …
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njcourts.gov
… we are convinced that the judge's factual findings are supported by the record and his legal conclusions are …
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njcourts.gov
… and the fact that she was a single mother of two minor children. As for aggravating factors, the sentencing judge … and '. . . uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … as we must, we see no reason to question the court's determination that counsel's failure to inform defendant of …
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njcourts.gov
… ha[ve] not presented this [c]ourt with any authority to support the proposition that the thirty-day timeframe begins …
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njcourts.gov
… judge denied the motion. Defendant did not appeal that determination despite the right to do so. See R. 2:2-3(b)(8). … the arbitration agreement was unenforceable compelled a determination that the class-action waiver within the … because defendant has not argued the fifth paragraph supports the trial judge's decision. 11 A-0794-22 to …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … Ibid. However, our review of a trial court's legal determination is plenary. See State v. Kuropchak, 221 N.J. … municipal court proceeding and made appropriate findings in support of defendant's culpability. We are satisfied there …