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… the offense," N.J.S.A. 2C:44-1(b)(14); L. 2020 c. 110 § 1, supports his contention his sentence is illegal. Counsel was … 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 …
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… were those provided to its assessor by plaintiff in support of her claim for exemption, and the assessor’s determination in this regard. Some of the same documents were … DD-214 (used by the Township’s assessor) and the VA’s determination that plaintiff was 100% disabled due to her …
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… 7 N.J. Tax 457, 464 (Tax 1985). Neither Alid nor Garfield support such a conclusion. In Alid, the issues under appeal, … for the transfer to the 12 Law Division was the court’s determination that the court’s prior remand to the Tax Court was improper because “appeals from DEP determinations made pursuant to N.J.S.A. 54:4-3.63 et. seq., …
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… (requiring facts asserted in briefs on appeal be "supported by references to the appendix and transcript."). … "[had] not raised any legal and cognizable arguments in support of the motion for reconsideration that were not … recusal motion, the judge found Ezekwo's representations in support of her motion "bewildering, conspiratorial, and …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … CDS from the four5 armed officers. Nothing in the record supports any such speculation. In Witt, Justice Albin, …
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… defendant's contention that such a challenge would have supported his claim that he tried to sell the victim … (1964) (citation omitted), as long as those findings "are supported by sufficient credible evidence in the record," … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… the right potential issues." The judge found no evidence to support defendant's claim he was coerced into entering the … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assistance of counsel." Ibid. He must provide facts to support his allegations. Ibid. This is because there is a …
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… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … the defense was not precluded from presenting evidence to support self-defense. Indeed, [defendant] testified as to … of events." Judge Deitch concluded the facts did not support a self-defense charge, reasoning: PCR counsel relies …
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… High Sch. Dist., 241 N.J. 31, 40 (2020). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … stating: Here, we find the record presented does not support a conclusion that lieutenants have authority to …
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… 338 (App. Div. 1998), where we overturned the Board's determination that the petitioner's application for ordinary … Appellate review of an administrative final agency determination must "engage in a careful and principled … capricious, or unreasonable, or that it lacks fair support in the record," Russo, 206 N.J. at 27 (quoting …
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… dismissal and restore the matter to the trial calendar. In support of the motion, plaintiffs submitted certifications … Defendants submitted an affidavit from their attorney in support of the motion and argued that plaintiffs had … principles. Little, 135 N.J. at 283. The trial court's determination is entitled to substantial deference and will …
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… stupor and then transported her along with their two children to the hospital where she was treated and recovered … agreement called for a maximum sentence of nine years. In support, defense counsel told the judge that he had spoken … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… Services, entered into contracts with the Borough to support the Borough's Finance Department, including … N.J. 320, 330 (2010). While we review de novo an agency's determination that there were no genuine issues of material … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. …
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… variances). In addition, key factual findings are without support in the record. Specifically, the court found as fact … by subdivision in 1936." Neither of those findings has support in the record. Ebury's position before the Board and … variance and by reversing a variance decision that was supported by sufficient evidence in the record. We agree. …
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… where society draws the line for many purposes between childhood and adulthood.'" 249 N.J. 581, 600 n.10 (2022) … defendant argues his application was not time-barred. To support his argument before the motion judge, defendant … her coat, and escaped in the Gray Acura. These facts would support a first-degree robbery charge regardless of whether …
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… judge issued an order finding defendant guilty. In a supporting written decision, the judge rejected defendant's … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." Id. at 148 (omission in … "However, where issues on appeal turn on purely legal determinations, our review is plenary," Monaco, 444 N.J. …
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… judgment. Our review of the record and the applicable law support Franchini's arguments. As to the parties' … violation against a particular party does not preclude a determination that the party nevertheless was subject to" and … 96 N.J. 538, 544 (1984))). B. Breach of Duty Given our determination that March Associates owed Franchini a duty of …
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… not per se irrelevant to reliability and probable cause determinations and therefore, the court should have first … if anything[,] was recovered." Defendant's motion was supported by a report authored by an expert in canine … only where "the court has abused its discretion, or its determination is based on a mistaken understanding of the …
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… 2022, plaintiff moved to extend discovery. In her brief in support of the motion, plaintiff argued "defendant has … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … summary judgment was subject to the presiding judge's determination regarding reopening discovery. Plaintiff's …
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… In October 2020, Joyce died and was survived by her two children, plaintiff and Jacqueline Crane. 1 Because certain … comply with the law and his fiduciary duty ma[d]e such a determination impossible." Repetto responded that plaintiff … In this complaint, plaintiff[] contend[s], without any support whatsoever, that . . . [m]any of his possessions …