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… hearing that included arguments of counsel, a statement of support from [defendant]'s brother and a statement from the … were correctly applied. 7 A-2699-23 Having reached that determination, defendant is barred from any further appeal of …
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default › notices to the bar
… Board’s findings). Thus, we reject respondent’s unsupported arguments to the contrary, and find that he … did not reveal any discipline case other than Kane to support the DRB’s decision. The Committee finds that the ABA …
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default › notices to the bar
… Board’s findings). Thus, we reject respondent’s unsupported arguments to the contrary, and find that he … did not reveal any discipline case other than Kane to support the DRB’s decision. The Committee finds that the ABA …
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… that the State's circumstantial proofs were insufficient to support defendant's guilty verdicts. However, we agree with … merely be cumulative. Ibid. We rejected the trial judge's determination, explaining that: [W]e are constrained to … to investigate and evaluate his testimony either to support the defense case or reveal conflicts with …
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… the proximate cause of Deanna's suffering and death. In support of its proximate cause argument, Walgreen pointed … v. Matriss, 55 17 A-3331-20 N.J. 193, 205 (1970). In support of his argument that the pharmacies deviated from …
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… fees, contending they were a prevailing party. In support of their argument, plaintiffs contended that the … order . . . that this [c]ourt was bound by, the prior determination of a dismissal which bound this [c]ourt as a … is case-specific, but the court's ruling must always be supported by competent and credible evidence. Jones v. …
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… where the factual allegations are palpably insufficient to support a claim upon which relief can be granted," Rieder v. … would not promote the doctrine's objectives of conclusive determinations, party fairness, and judicial economy and … issue). Likewise, we "review[] de novo the trial court's determination of [a] motion to dismiss under Rule 4:6-2(e)." …
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… his sentence, his guilty pleas also must be vacated. To support his argument, defendant claims he relied to his … that his factual basis was inadequate. I. The facts supporting defendant's guilty pleas are straightforward. On … right therefore was limited to the judge's downgrading determination. Nor did the State move for leave to appeal to …
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… contends the error was not harmless because disputed facts supporting his defense of misidentification were elicited by … all evidence presented at trial[,]" and to base their determination "on all of the evidence presented during the … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017); State …
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… 10 A-4600-17T2 arguments are made in favor or in support of the allegations, therefore summary judgment … that the Fund offered "[o]nly unsubstantiated arguments" in support of its allegations, did not address that conflict. …
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… from his girlfriend,3 with whom defendant has several children. 2 Miranda v. Arizona, 384 U.S. 436 (1966). 3 The … the judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … copies of their appellate submissions. Following the determination on remand, an aggrieved party may pursue further …
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… history in this case is necessary to give context to our determination of defendant's appeal. The trial that led to the … (2014). In a later opinion, the Court disagreed with our determination as to the denial of suppression, but concurred … as the direct evidence and "the favorable inferences support the conclusion" that defendant, who was indisputably …
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… the court's findings of fact "so long as those findings are supported by sufficient credible evidence in the record." … There is sufficient credible evidence in the record to support the judge's determination that the plain view exception applied and the …
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… the post-trial proceedings, so long as they have credible support in the record. Rova Farms Resort, Inc. v. Inv'rs … where those findings depend on the court's credibility determinations made after observing the witnesses testify. … mismanagement" on the part of Thor and Lorraine have ample support in the record. The post-trial accounting that …
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… defer to the court's factual and credibility findings when supported by sufficient evidence in the record. Locurto, 157 … and the State does not dispute the propriety of that determination on appeal. Instead, the parties' dispute centers … at 3-4. Finding sufficient support for the trial court's determination that defendant was subjected to unwarned …
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… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … counsel said "there was a deal on the table." Evidence determinations rest "in the sound discretion of the trial … during the hearing, and does not provide argument or supporting case law on appeal. The PCR court's decision for …
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… to make any of the payments due. Segal responded, in support of his motion to stay the contract action and 3 The … corporation's former counsel for his "final and binding determination" was not an arbitration agreement). The Westgate … Agreement and supersede its arbitration clause. Since the determination of a novation is subject to the parties' …
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… because it lacked "a [p]roper [f]oundation" and was supported by only "[n]et [o]pinions[.]" As a corollary, … and did vigorously challenge the admissibility of evidence supporting plaintiff's claim for medical expenses under …
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… violated, where competent and credible evidence does not support the statutory aggravating and mitigating factors, or … finding aggravating or mitigating factors. The record supported his conclusions. The judge's thoughtful 22 …
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… if 1) the defendant establishes a prima facie case in support of PCR, 2) the court determines there are "material … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998)). Such determinations are "best made" at an evidentiary hearing, and "[e]ven a suspicious or questionable affidavit supporting a PCR petition" may not be summarily rejected, …