njcourts.gov
… Legislature's 2020 enactment of mitigating factor fourteen supports his contention his sentence is illegal. Defendant … requirement "that a sentencing judge 'take into account how children are different, and how those differences counsel … in N.J.S.A. 2C:44- 1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
njcourts.gov
… not constitute excusable neglect. We also agree with her determination defendant failed to demonstrate he would suffer … from a co-defendant's car. Again, this contention lacks support in the record, which reflects the State's expert … the DNA matched defendant. We agree with the PCR judge's determination defendant failed to present any credible …
njcourts.gov
… in the Law Division to correct an illegal sentence. In support of his motion, defendant submitted a certification …
njcourts.gov
… in his initial submission. Here, the record fully supports the denial of defendant's application. Simply put, …
njcourts.gov
… for reconsideration of the judge's dismissal order. In support of the motion, plaintiff provided the court with its … 398, 417 (1991). Instead, standing "involves a threshold determination of the court's power to hear the case." Id. at …
njcourts.gov
… in light of Largoza. Plaintiff argues that Largoza supports her argument that the trial court did not engage in …
njcourts.gov
… any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … reversal of existing law." We offer no opinion as to the determination of the trial court on this issue. 11 A-2576-22 …
njcourts.gov
… the witnesses who testified before the PCR court did not support defendant's purported alibi, and one 10 A-0358-22 …
njcourts.gov
… judge's factual findings, provided those "findings are supported by sufficient credible evidence in the record." …
njcourts.gov
… Apartments, Inc., 123 N.J. Super. 48 (App. Div. 1973), in support of its interpretation of the settlement agreement. …
njcourts.gov
… any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … reversal of existing law." We offer no opinion as to the determination of the trial court on this issue. 11 A-2576-22 …
njcourts.gov
… when he or she "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant must demonstrate …
njcourts.gov
… Appropriate. D. The Chancery Division's Reasoning Does Not Support the Denial of the Defendants' Motion to Vacate. II. … N.J. 492, 502 (2008). Accordingly, "[t]he trial court's determination . . . warrants substantial deference and should …
njcourts.gov
… N.J. at 621 (citations reformatted). "Additionally, a PTI determination requires that the prosecutor make an … of the statutory factors and provide a statement of reasons supporting its conclusion as to defendant's application for …
njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … (App. Div. 2011) (quoting Padilla, 559 U.S. at 372). That determination should be "based on evidence, not speculation." …
njcourts.gov
… Id. at 391–92. The critical statutory provision that supported the trial court's summary judgment order in the …
njcourts.gov
… tend to prove or disprove a fact of significance to the determination of the case. At the same time, the right to … create a basis for a claim or defense, only material that supports or refutes and existing claim or defense. With …
njcourts.gov
… OF DEFENDANT'S MOTION TO CORRECT AN ILLEGAL SENTENCE IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE[] EVIDENCE IN THE …
njcourts.gov
… and to dismiss the complaint for lack of jurisdiction. In support of its motion, West Coast provided a copy of a …