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… FACTORS AND FAILED TO APPLY MITIGATING FACTORS PLAINLY SUPPORTED BY THE RECORD, RESULTING IN AN EXCESSIVE … factor six and failed to apply mitigating factors "plainly supported by the record." A. Whether Prosecutorial Error … at 608 (quoting Frost, 158 N.J. at 83). When making that determination, we consider the following three factors: "(1) …
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… "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … full protections contemplated by the PDVA. Based on these determinations, we reinstate plaintiff's complaint and TRO and … we decline to decide this issue and leave this determination to the discretion of the trial court on remand …
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A-42-24 New Jersey State Bar Association Amicus Curiae Brief
Briefs
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… that the answer to both questions is no. This conclusion is supported by this Court’s jurisprudence as well as sound … of the Supreme Court, 12 Jun 2025, 090214 8 authoritative support” the Restatement (Third) of the Law Governing … may owe a duty of care to a non-client. While such a determination is “necessarily fact-dependent,” precedent …
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A-27-24 Costello Mains et al. Amicus Curiae Brief
Briefs
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… OF AMICUS CURIAE NEW JERSEY ASSOCIATION FOR JUSTICE IN SUPPORT OF PLAINTIFF-PETITIONER COSTELLO, MAINS & SILVERMAN, … (internal citations omitted). The Trial Court’s factual determinations are entitled to deference on appeal and may not … 14 A.3d 36 (2011)). However, the Trial Court’s factual determinations here are immaterial if the Court, as urged …
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… are unpersuaded that conclusory statement is sufficient to support a knowing waiver of the right to a bench trial in …
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… A QUALITATIVE WEIGHING OF AGGRAVATING FACTORS THAT DO NOT SUPPORT SUCH SENTENCE IN VIOLATION OF N.J.S.A. 2C:44-1(a) -1 … op. at 24. We instructed the trial court, "in making the determination whether terms should be concurrent or … falls within the statutory range, "issues relating to the determination of aggravating and mitigating factors, the …
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… in unpaid legal fees and $10,254.40 in attorney's fees. In support of its motion, plaintiff's counsel submitted a … of reasons provided an ample basis for the court's determination. See Gormley v. Gormley, 462 N.J. Super. 433, … the results obtained. The amount represents the court's determination of the reasonable numbers of hours expended by …
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… did not rely upon the actual number of prior DUIs in its determination to suspend defendant's driving privileges for … in the death of his passenger, the mother of two of his children. The driver and passenger of another vehicle … the second prong of Strickland. The record contains ample support for the sentencing court's imposition of the …
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… that appeal, the appellant "must present all arguments in support of his [or her] stand" and, if the party "fails to …
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… is sufficient credible evidence present in the record to support the findings of the Law Division judge, not the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… in open court. At that time, he admitted to a factual basis supporting the offense. He also acknowledged that he was …
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… with further medical treatment." N.J.S.A. 39:6A- 8(a). In support, a plaintiff must provide a qualified medical …
njcourts.gov
… to hire an expert to evaluate the firearm are merely unsupported allegations. Defendant did not provide the court 7 A-5592-16T1 with supporting evidence demonstrating any error or how it …
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… Estate distribution as if it were a cash payment. This is unsupported by the statutory law and the Settlement Agreement … litigant's rights; and (3) issuing an order without making supporting finding of facts and conclusions of law. Having …
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… application, but subsequently changed its position and supported denial of PTI. Defendant appealed the denial of …
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… statement of reasons failed to make any credibility determinations regarding plaintiff's allegation that Park … a significant factor to be considered in a quantum meruit determination. Bruno, 371 N.J. Super. at 75. Here, the trial … on the record. R. 1:7-4. Conclusory statements not supported by or specifically linked to the competent …
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… sustained unless arbitrary, capricious, or unreasonable, unsupported by the substantial credible evidence in the record … was arbitrary, capricious, unreasonable, or lacking in support. N.J.A.C. 4A:2-1.4; Karins v. City of Atlantic City, … Wiggins, 242 N.J. Super. 342, 345 (App. Div. 1990). "The determination whether such a situation exists is one committed …
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… 571 (2002)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … June 18, 2007, addressed to him from Franklin First to support his argument the May 21, 2007 mortgage documents …
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… DiFrisco, 137 N.J. 434, 457 (1994)). Nothing in the record supports defendant's assertion that counsel pressured him …
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… decision, 5 A-2578-17T4 provided that those findings are 'supported by sufficient credible evidence in the record.'" …