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… right to testify at the first trial, the record does not support his claim that he was unaware of his right to … or must be condemned as misconduct is often a difficult determination to make. In every instance, the performance must … asserts "[n]o evidence had been submitted in the trial to support that comment, the prosecutor posed no questions to …
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… compensation's decision was an "extraordinarily brazen, unsupportable misuse of authority," while SJC contends the … disability and that surgery was necessary. The WCBNY's determination identified the employer as Stop & Shop and … workplace injuries ." Id. at 340. In order to make the determination, a court of compensation must apply six bases: …
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… Shanahan correctly found there was insufficient evidence to support the conclusion that defendant would have been … with regard to the prosecution of defendant's charges. In support of this argument, defendant cites certain New York … of his New York sentence. Therefore, the record does not support defendant's contention that New Jersey had primary …
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… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … "constituted reversible error." Id. at 598. 11 A-0580-19 To support their position that reversal is mandated, plaintiffs … on the limited record provided on appeal. R. 2:10-2. To support our conclusion, we rely on the absence of any …
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… testimony from several law enforcement witnesses "to support the defense that the handgun and other evidence were … to assert his right [to a speedy trial,]" and defendant's unsupported "claim of prejudice." 3 Co-defendant Green was … to produce any certification, expert or otherwise, to support his contention that a defense expert could have …
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… issues of ineffective assistance. PCR counsel's brief in support of the PCR petition argued that trial counsel … with the court. Defendant contended Fox's affidavit in support of the search 2 Franks v. Delaware, 438 U.S. 154 … of the alleged falsity when he signed his affidavit in support of the search warrant. The PCR court concluded that …
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… waived when the party failed to include any arguments supporting the contention in its brief). 9 A-5661-18 the … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … The latter interpretation of the officer's transmission is supported by his subsequent 16 A-5661-18 statement that …
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… N.J.S.A. 2C:43-7, on a first degree crime. To support the motion, the State relied on defendant's 2006 … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." … abuse of discretion standard 11 A-2823-19 the PCR court's determination to proceed without an evidentiary hearing."); …
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… petition for PCR. Assigned PCR counsel thereafter filed a supporting brief.3 We next briefly summarize the relevant … only when he or she "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant 9 A-4298-18 must … Porter, the defendant's girlfriend submitted an affidavit supporting his claim that she was with him at the time the …
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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.'" … what constitutes custody for purposes of Miranda. The determination of whether a person was in custody is an …
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… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … juvenile offenders cannot proceed as though they were not children." Id. at 445 (quoting Miller, 567 U.S. at 474) … the Miller factors at that time "to take into account how children are different, and how those differences counsel …
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… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … the Miller factors at that time "to take into account how children are different, and how those differences counsel … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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… on this review, the notice set forth the Zoning Officer's determination that "the Use Variance for horseback riding … Township." Appellant timely appealed the Zoning Officer's determinations to the Planning Board, namely the adverse … and therefore unaffected by the new zone's prohibitions. In support of his position, the expert noted there was no …
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… and restoration of the matter to the trial calendar. In support of the motion, Blandino submitted a certification … of his September 16, 2020 letter. The motion was also supported by an affidavit of H. William Rutherford, III, in … a fee and one was not actually earned. [T]his theory is unsupported by evidence and has never been raised by the …
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… moved for reconsideration of the March 13, 2020 orders. In support of her motion, plaintiff relied upon various medical … to utilize Rule 4:42-2(3) to "revisit [the court's] prior determination. The motion judge explained that "[the Rule] is … as the trial court in our review of summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
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… I. The SCESC provides educational auxiliary and remedial support and programs in the non-public school setting.2 The … requires that present and future generations of school age children be assured opportunity to develop to the fullest … for students with disabilities, including evaluation and determination of eligibility for special education, and …
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… of cocaine from Burns to defendant Vaughn Williams.2 In support of the wiretap application, the affiant submitted a … record, we determined oral argument would assist our determination of this appeal, and notified the parties to be … have not challenged the issuing judge's probable cause determination. We are therefore satisfied defendants have not …
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… denied M.M.'s appeal from the Assistant Commissioner's determination and rejected her request that the matter be … for our discussion of M.M.'s appeals from two other determinations we address in this opinion. A-4038-17 In July … claim, noting M.M. "presented no substantive evidence" to support the argument. We consider M.M.'s appeal from the …
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… we will not engage in a strained construction to support the imposition of liability or write a better policy … As noted, we will not "engage in a strained construction to support the imposition of liability." Templo Fuente, 224 … Our interpretation of the Northfield exclusion also finds support in the persuasive decisions of other courts. We …
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… -4- planning board to extend the subdivision approval. To support the application, Pella asserted the expenditure of … is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable.” … change and determine whether it can render its required determination based on the papers.” 66 East Allendale, 216 …