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njcourts.gov
… the description he gave. None of these assertions are supported by the record. G.W.'s description was not … there was competent and credible evidence 15 A-3626-16T3 supporting the application of the guidelines, and whether …
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njcourts.gov
… ON REMAND ISSUES IN THIS ACTION. A. Counsel Provided Ample Support for Our Hourly Rates. B. The Trial Court's Ruling. … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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njcourts.gov
… was denied. Defendant filed a timely PCR petition. In his supporting certification, defendant asserted "[he] would … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not 15 A-0233-18T4 …
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njcourts.gov
… we will "not 'engage in a strained construction to support the imposition of liability' or write a better … The Supreme Court concluded in Ferrante that a prejudice determination is not needed where the insurer "never had the … held that Vassas did not expressly prohibit a prejudice determination; the issue was not addressed. Ferrante, 232 N.J. …
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… Yarbough factors, and 16 A-2124-17T4 "that the factors supporting consecutive sentences clearly outweigh the factors supporting concurrent sentences." We agree. As noted by the …
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njcourts.gov
… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … for failing to object to Giorgi's testimony that the gang supported itself by selling drugs. Rule 404(b) excludes … State v. Bryant, 237 N.J. Super. 102 (App. Div. 1988) to support his argument that Giorgi's testimony should have …
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njcourts.gov
… POINT IV THE TRIAL COURT'S OMISSION OF JURY CHARGES IN SUPPORT OF MR. GOODEN'S DEFENSE VIOLATED HIS RIGHTS TO DUE … N.J. 383, 453 (1998), and will overturn a N.J.R.E. 403 determination "[o]nly where there is a clear error of … sufficient clarity and particularity, its findings were supported by the record, the court correctly applied the …
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njcourts.gov
… tests. Thus, there was ample evidence in the record supporting defendant's DWI conviction beyond a reasonable … speed limit, provided more than enough credible evidence to support defendant's conviction for careless driving under …
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njcourts.gov
… moved to vacate the default judgment in February 2016. In a supporting certification, he denied he received the … evidence. See R. 1:6-6 (requiring admissible evidence in support of motions). Furthermore, the postcard does not …
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njcourts.gov
… be compelled to testify. There was no plain error in this determination. We next consider whether the judge erred by … on which the jury was hung. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 … 64 (2014). The court must then "determine which factors are supported by a preponderance of [the] evidence, balance the …
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… have provided in the initial trial which were necessary to support a conviction." Id. at 424 (quoting State v. … 237-38 (citations omitted). Lawn King and McMullen do not support defendant's arguments. The State did not fail to …
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… a potentially actionable claim." 12 A-2191-15T4 The record supports the motion judge's ruling. The evidence before the … found that plaintiff did not present sufficient evidence to support a claim for negligent infliction of emotional …
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njcourts.gov
… there were no mitigating factors. Those findings were amply supported by the record. In particular, the court relied on … the sentencing court provided an adequate explanation in support of its decision to impose consecutive sentences. We …
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njcourts.gov
… factual findings and will uphold those findings that are "supported by sufficient credible evidence in the record." … representation of counsel affected 10 A-2379-16T2 "a determination of guilt or otherwise wrought a miscarriage of … N.J. at 476. Although we discern no error in the judge's determination that defendant's petition was procedurally …
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njcourts.gov
… flight "in combination with other circumstances . . . may support reasonable and articulable suspicion"). Notably, the … in vehicular homicide case where the only Yarbough factor supporting consecutive sentences is the presence of multiple …
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njcourts.gov
… Defendant was the custodial parent of his five children and was visually impaired, but those circumstances … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … the drugs. II. We give great deference to a trial court's determination on the admissibility of other crimes evidence. …
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… it may accept or reject his expert opinion in making its determination. Defendant has failed to show that such … for the witness or refer to matters outside the record as support for the witness's credibility." State v. Walden, 370 … object, there exists sufficient evidence in the record to support the jury's finding of guilt. 11 A-5241-15T1 Although …
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njcourts.gov
… entered their appearances. Initially, plaintiff and her children were not present in court. 1 Copies of the notice … supplied with copies of counsel's certifications filed in support of the cross motions that refer to their clients … process of "questioning [defendant] with regard to [her] determination of her cost and expenses form in terms of the …
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… sufficiently trustworthy to meet the standard required to support a search warrant given her criminal history, … 12 A-4376-16T2 When a trial judge makes credibility determinations, even without specifically articulating … credibility, we are not free to make our own credibility determination. State v. Locurto, 157 N.J. 463, 472-75 (1999). …
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… and 4) a Peter Max painting of Michael Jordan.2 In a supporting ten- page certification, Inselberg provided … charged with his adversary's enforcement 4 Of course, the determination of any such damages would likely involve … N.J. Super. 560, 590 (App. Div. 2003). We disturb such determinations "only on the rarest occasions, and then only …