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… sentencing arguments. Our review of sentencing determinations is governed by a highly deferential standard. … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). … offenses. Further, defendant's prior drug convictions support the application of the mandatory extended-term …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … articulable basis to stop the Davis vehicle, is legal determination, not a factual one, to which we owe no … of defendant's vehicle was not valid, the judge made no determination relative to the constitutionality of the …
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… to disposition on the papers. In her affidavit submitted in support of her motion, Quiroga averred that "[she] filed the … BY FAILING TO PROVIDE A WRITTEN OR ORAL OPINION IN SUPPORT OF ITS DECISION TO GRANT SUMMARY JUDGMENT RESULTING … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
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… Defendant testified to the following factual basis in support of his guilty plea. He admitted to being at a TD … 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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… The claims were based on the same factual allegations supporting the causes of action the Chancery Division judge … of action based on either the debt or mortgage had no support in the law. The court concluded it would be futile …
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… elements of comparison”). Market evidence must support any element of comparison that causes “value … cannot “arbitrarily assign a value to the property not supported in the record.” Ibid. (citation and quotation …
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… noted that defendant failed to provide specific facts to support his ineffective counsel claim. With regard to … 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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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … the judge's ruling. We are satisfied that the record amply supports the judge's factual and credibility findings. The …
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… provide the following factual background relative to our determination. Upon a report of citizen complaints that there … to the grounds upon which the PCR petition was based, that supported defendant's conviction. Upon conclusion of that … have been unsuccessful. We agree. Notwithstanding the determination that the argument was procedurally barred, the …
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… of E.M., but also of an independent witness, both of which supported the jury's guilty verdict. As to defendant's claim … defendant did not set forth a prima facie case in support of his PCR petition. This appeal followed. On … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… affirm. Detective John Gartner submitted two affidavits in support of applications for search warrants for defendant's … of that information 'is an essential part of the determination of probable cause.'" Ibid. (quoting State v. … (2012). We review legal issues de novo. Ibid. The record supports the judge's findings. Spagnuolo testified Messer …
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… 242 N.J. Super. 392, 401 (Ch. Div. 1990). 9 A-5578-15T3 In support of his argument that the judge failed to view the … the parties' exchange of post-mediation documents does not support Berman's contention that the parties agreed to the …
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… attention to defendant's argument that the 3 In the papers supporting his motion, defendant generally argued the … Mancini, supra, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … under Rule 4:50-1(a). The court's denial of the motion was supported by the evidence and its entry of the July 24, 2015 …
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… operations, but offers no citation to the record to support that such equipment is in fact kept in there and … The court also found that the record failed to support a finding of actual or constructive notice of a …
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… the decision by the Judge of Workers' Compensation (JWC) is supported by sufficient credible evidence in the record, we … 2000). We must defer to the factual findings and legal determinations made by the judge of compensation "unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
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… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
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… it was filed eight years after defendant's conviction. In support of that ruling, the judge found that defendant … failed to appeal the judgment of conviction. Id. at 31. In support of that contention, defendant filed a certification … this last point, we emphasize that we are making no determination concerning the merits of any potential appeal. …
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… Just like you don't give a F___ about me or my family, my children, grandchildren, nobody. I don't give a F___ about … if it is arbitrary, capricious or unreasonable[,]" or unsupported "by substantial credible evidence in the record as … tribunal is . . . in no way bound by the agency's . . . determination of a strictly legal issue." Mayflower Sec. Co. …
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… of custody and protect the integrity of the evidence. In support of his motion, defendant submitted a letter to the … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a … and note the case law upon which the State relies to support its position is distinguishable from the facts in …
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… to compel arbitration and stay plaintiffs' action. In support of its motion, Ladenburg provided two affidavits of … of evidence on motions. The Rule requires affidavits supporting motions to be based "on personal knowledge, …