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njcourts.gov
… so long as "sufficient credible evidence in the record" supports those findings. State v. Elders, 192 N.J. 224, … we discern substantial credible evidence in the record to support the judge's findings of fact and we agree with the … unreported incidents of domestic violence and that her children had witnessed "arguing, fighting and guns" as a …
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njcourts.gov
… he now challenges the sufficiency of the factual basis to support the knowledge element of the crime. We affirm. I. … with his sexuality. Numerous people wrote character letters supporting defendant. Other documents reviewed by the judge … not accept a guilty plea unless the defendant's testimony supports the basis 2 The record contains numerous references …
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njcourts.gov
… to represent defendant, and counsel filed a brief in support of the petition, along with several certifications. … when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … The PCR court correctly found that the record does not support defendant's allegations. The record shows that on …
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njcourts.gov
… only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… police. Neither party has supplied us with the motion and supporting or opposing papers that were filed. As a result, … to the validity of the search." He contends without any supporting legal argument that the judge was required to … need to deter defendant and others). The record adequately supported both. The judge did not find mitigating factors …
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njcourts.gov
… not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit … those reasons, "if a factual basis has not been given to support a guilty plea, the analysis ends and the plea must … the criteria established in Slater. Again, we disagree. A determination of whether to allow a defendant to withdraw a …
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njcourts.gov
… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … trench collapsed on him at his worksite. Id. at 453. The unsupported trench was excavated to a depth far beyond that … when viewed in plaintiff's favor, is simply insufficient to support the claim that PCS knew its actions were virtually …
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njcourts.gov
… Defendant argues that the trial judge's findings are not supported by the evidence. We affirm. I. The following facts … has occurred." Id. at 125. The court should make this determination "'in light of the previous history of violence … (1990). Common sense and experience may also inform a determination or finding of purpose. State v. Hoffman, 149 N.J …
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njcourts.gov
… plaintiffs' claim. None of the defendants' briefs in support of their summary judgment motions appears in the … the motion judge to make factual findings that are supported by the record and explain legal conclusions in a … Morristown Assocs. v. Grant Oil Co., 220 N.J. 360 (2015), supports plaintiffs' position. In Morristown Associates, the …
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njcourts.gov
… the same reasons as our colleagues, we vacate the determination and remand for further proceedings. Coppola's … 7 A-3787-19 loss of recreation privileges. In making his determination, the hearing officer noted: 1. [Coppola] was … [six] findings, in addition to the evidence noted above, support that [Coppola] encouraged others to riot. A …
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njcourts.gov
… SEEKS TO PRESENT EVIDENCE OF HIS REHABILITATION IN SUPPORT OF HIS MOTION TO CORRECT AN ILLEGAL SENTENCE. We … Carter, 85 N.J. at 314). Defendant's certification in support of his motion for a new trial alleged he was … when he was sentenced. He had been employed and had three children, one of whom resided with him. Tiggs I, slip op. at …
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njcourts.gov
… to file a petition for PCR. The record does not, however, support that finding. Counsel's letter of August 13, 2007, … deal" regarding his sentence is a "bald assertion" unsupported by any evidence in the record. The PCR judge found … have received had this matter been tried." The record supports these findings. In addition, the record supports …
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njcourts.gov
… IT BELIEVED WAS UNWARRANTED AND BECAUSE THE RECORD AMPLY SUPPORTED ADDITIONAL MITIGATING FACTORS. 7 A-5551-18T1 … in N.J.S.A. 2C:39-6. The statute's legislative history also supports the judge's determination. Previously, constables were authorized to carry …
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njcourts.gov
… April 13, 2015, defendant filed another petition for PCR, supported by a DNA, serology, and criminalistics expert. He … crime scene. He further contended that his innocence was supported by the absence of semen in vaginal swabs from the … and when the error complained of "played a role in the determination of guilt." State v. Mitchell, 126 N.J. 565, 580 …
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njcourts.gov
… I. The parties married in June 2007. They have two children together. Plaintiff filed for divorce in November … defendant. Rendering an oral decision on the record in support of the FRO, the judge found defendant lacked a … forth in [N.J.S.A. 2C:25-19(a)] has occurred." Ibid. This determination is made "in light of the previous history of …
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njcourts.gov
… 1 Because they share a surname, we refer to the decedents' children by their first names for clarity and to avoid … objected to the argument, noting it 6 A-4528-19 was not supported by any record evidence. The court sustained the … fees incurred by Hoyle. 8 A-4528-19 any part of its determination of the exceptions filed by Paul, reflects an …
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njcourts.gov
… that counsel's failure also prejudiced the jury's determination of the drug charges because his purported use of … a consciousness of guilt on the drug charges and otherwise support the admission of evidence that was unduly … of the drug charges because it constituted a determination that defendant lied because he knew the drugs in …
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njcourts.gov
… trial court's findings of fact are binding on appeal "if supported by adequate, substantial, credible evidence." … findings unless convinced the findings "are so manifestly unsupported by or inconsistent with the competent, relevant … identified factors a court should consider in making this determination: (1) whether the victim consented to lift the …
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njcourts.gov
… were married in 1999, separated in 2009 and had no children. Plaintiff filed a divorce complaint in 2011. The … to [defendant]. [Plaintiff] has agreed to provide support to [defendant] with reasonable expenses until … divorce is final and [defendant] agrees to accept spousal support as described above specifically leaving first escrow …
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njcourts.gov
… language of the Appropriations Act seems a weak branch to support its position. Surely, the intent of the language was … 18, 2017 decision, the Division Director upheld the ALJ's determination that appellant should be paid at the proper … basis for disturbing the Division Director's reasonable determination that appellant's Medicaid reimbursement 13 …