njcourts.gov
… In August 2018, PCR counsel filed an amended petition, a supporting brief, and certifications from defendant and his … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… has a right to present oral argument to the trial judge in support of a petition for post-conviction relief, we are … it should supply a statement of reasons explaining its determination. In this instance, the problem is compounded by …
njcourts.gov
… for an abuse of discretion or lack of evidence to support it." In re Civil Commitment of T.J.N., 390 N.J. … we give the "utmost deference" to the reviewing judge's determination of the appropriate balancing of societal … judge's role as fact-finder, we affirm Judge Freedman's determination, substantially for the sound reasons he set …
njcourts.gov
… We defer to the judge's factual findings and legal determination because we do not discern they were "'manifestly unsupported by or inconsistent with competent relevant and … determining impairment," perhaps explaining why he did not support his causal-relation opinion. Whether or not a net …
njcourts.gov
… not medical experts, and in the final analysis the determination of which is the soundest is made by them on the … the record, we are satisfied the judge's decision is well-supported by the record. Indeed, both experts agreed …
njcourts.gov
… sent plaintiff's counsel a letter questioning whether the determination being appealed was final. The letter indicated … on the records in ACMS and the eCourts case jacket, which supported his July 2, 2019 order indicating that the … has no desire or incentive to pursue. To secure a just determination and ensure 10 A-5383-18 fairness in the …
njcourts.gov
… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … what he or she deems are the most effective arguments in support of the client's position. Ibid. Here, the trial …
njcourts.gov
… 77, 101 (2016). Those findings should be upheld if they are supported by sufficient competent evidence in the record, …
njcourts.gov
… when" the father could use the car, the Court found ample support that the car was furnished to the father for his …
njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." …
njcourts.gov
… motion judge denied. There was no written or oral decision supporting the order or for the order entered on the same … excusable neglect. We agree. This issue requires legal determinations subject to our de novo review. In doing so, we … judgment, as well as the order for turnover, remand for a determination of the dispute about jurisdiction and, if …
njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … both parties, some undated. However, the judge based her determination not on pictures, but on her personal examination … Gilhooley, 164 N.J. at 544). "In making that objective determination, a number of factors are relevant, 'including …
njcourts.gov
… was known, or (2) this court would have upheld such a determination if the trial court did permit PTI admission over … 507, 520 (2008)). Prosecutors have wide latitude in PTI determinations. State v. Nwobu, 139 N.J. 236, 246 (1995). A … of these standards – had the PTI application been supported by the Tinsley correspondence – would have …
njcourts.gov
… value by testifying – if such a contention could be supported and maintained – that the vehicle would have sold … and worthy of belief." The judge came back to this core determination time and again throughout his opinion. Indeed, … since here there was a resale – the judge expressed his determination that the expert was unreliable: It seems to me, …
njcourts.gov
… on the [p]roperty. The Board voted to accept its 2014 determination regarding the buffer, and approved DMH2's … the engineer. The first trial judge affirmed the Board's determinations. Plaintiff appealed from the trial judge's … factual findings and legal conclusions 'are so manifestly unsupported by or inconsistent with the competent, relevant …
njcourts.gov
… only when he "'has presented a prima facie [case] in support of [PCR],'" State v. Marshall, 148 N.J. 89, 158 …
njcourts.gov
… of gross negl[igence]." No other reasons were provided in support of the judge's determination. Defendant appealed. In our prior opinion, we …
njcourts.gov
… default and/or default judgment" on January 4, 2019. In his supporting certification, defense counsel explained his lack … review warrants substantial deference to a trial court's determination on a motion to vacate a default or a default …
default
… to withdraw a plea where the defendant proffers evidence in support of the Slater factors. Additionally, the State …
njcourts.gov
… 2A:53A-27. Without the proper affidavit, plaintiff cannot support his claims. Therefore, the complaint was correctly …