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… not provide an affidavit or certification from an expert to support this proposed defense. Accordingly, the judge … sentences and did not present mitigating factors in support of a lower sentence. However, the sentencing … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… diagnosis and treatment. Plaintiff does not contend this determination was incorrect. Instead, she generally argues the … the statement because it was unreliable. We see no support for this argument. Although several versions of 2 … evidence— the hospital laboratory blood serum report—to support his opinion of her level of intoxication. We …
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… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … and a bench warrant, supported the sentencing judge's determination that a defendant had not led a law-abiding … assertion that his incarceration would be a hardship to his children, the PCR judge noted that "the [L]egislature …
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… In addition, defendant sought an evidentiary hearing to support his ineffective-assistance claims. On October 8, … we will uphold the PCR court's findings that are supported by sufficient credible 9 A-0241-20 evidence in the … Rule 3:22-12(a)(2)(C). We agree that the record does not support Judge Ryan's conclusion that Judge Blaney dismissed …
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… N.J. at 12. Conversely, "[t]he absence of any evidence to support the charges would render the indictment 'palpably … sufficiently "secured" within the meaning of Olivero. To support his argument, defendant contends the sidewalk was … in defendant's merits brief, during his factual basis in support of his guilty plea, defendant clarified that the …
njcourts.gov
… also contended that his sentence was excessive. In a supporting brief, defendant further argued: (1) his claims … REMANDED TO THE PCR COURT FOR FURTHER CONSIDERATION AND DETERMINATION OF ALL THE ISSUES RAISED IN THE PCR PETITION. … we conclude they were either belied by the record or unsupported by any evidence of how the outcome of defendant's …
njcourts.gov
… to represent defendant, and counsel filed a brief in support of the petition, alleging ineffective assistance of … and therefore, his guilty pleas should be vacated. In support of his argument, defendant claims that he "was … there is sufficient credible evidence in the record to support the PCR court's denial of defendant's PCR petition. …
njcourts.gov
… As we noted in our previous decision in this case: "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 … that the trial court's decision constitutes a legal determination, we review it de novo. [Longmuir, slip op. at 3 …
njcourts.gov
… with respect to similarly situated licensed employees supports this conclusion. The Notices of Payroll Changes in … award. The trial judge upheld the 5 A-4663-18T2 determination. The judge found no basis to conclude Cantisano … trickery on the part of Mr. Cantisano." Moreover, no law supports plaintiff's contention Cantisano was obligated to …
njcourts.gov
… 3 A-4311-18T3 Defendant raised seven arguments on remand in support of his petition for PCR. The parties are fully … FROM SIDEBAR CONFERENCES BECAUSE THE RECORD DOES NOT SUPPORT THE DEFENDANT'S TRIAL COUNSEL'S TESTIMONY THAT HE … discern no basis for disturbing Judge Nelson's reasoned determination that defendant failed to satisfy the Strickland …
njcourts.gov
… SEEKS TO PRESENT EVIDENCE OF HIS REHABILITATION IN SUPPORT OF HIS MOTION TO CORRECT AN ILLEGAL SENTENCE. II. A … in homicide cases, we require it to take into account how children are different, and how those differences counsel … States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and …
njcourts.gov
… the FRO. On appeal, defendant contends the trial court's determination that she committed the predicate act of criminal mischief was not supported by the evidence adduced at the hearing, and there … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
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… Id. at 367 ("The weight of prevailing professional norms supports the view that counsel must advise [the] client … the Strickland test. First, defendant failed to provide any supporting affidavit or certification attesting to the fact … deportation to be a "bare assertion . . . insufficient to support a prima facie case of ineffectiveness[,]" and we …
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… same day that he submitted to a Superior Court Judge in support of a warrant to search Richardson's car. Fox also … information which Fox presented in his sworn affidavit in support of his application for a warrant to search … that are claimed to be untrue. These allegations should be supported by an offer of proof including reliable statements …
njcourts.gov
… the scheduling problem, the brevity of the doctor's note supporting counsel's postponement request, and the fact the … that Judge Escandon did not err in his factual or legal determinations. There is sufficient credible evidence in the … 69, 72 (App. Div. 2016). The municipal court judge's determination that he could be fair and impartial to …
njcourts.gov
… of assault. He contends the final restraining order was not supported by substantial credible evidence, in part because … married in India several years ago. They have two young children. At the hearing on the final restraining order, … Friday and ended with her fleeing their apartment with the children on Sunday after he repeatedly struck her. Plaintiff …
njcourts.gov
… contends the record lacks sufficient credible evidence to support the findings that she was guilty of obstruction, … based on the record before him. However, the record clearly supports the guilty finding on both offenses. The judge … We are satisfied the trial judge's findings were supported by the sufficient credible evidence in the record. …
njcourts.gov
… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … law and fact, [an appellate court] give[s] deference to the supported factual findings of the trial court, but review[s] … failed to satisfy the first prong of Strickland was supported by substantial credible evidence in the record. We …
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… be reviewed to determine whether the finding is adequately supported in the record. If the judge did not personally … and never repeated. Given the overwhelming evidence supporting defendant's conviction, the error, when … conduct. See N.J.S.A. 2C:44-1(b)(4). We review sentencing determinations with deference and will not substitute our …
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… was properly before the [a]rbitrator, the [a]ward is not supported by a preponderance of the evidence standard." We … -129 — the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act. N.J.S.A. 18A:6-17.1 to … principal as to both incidents of corporal punishment, well supported the conduct- unbecoming charge. The keen …