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… was known, or (2) this court would have upheld such a determination if the trial court did permit PTI admission over … 507, 520 (2008)). Prosecutors have wide latitude in PTI determinations. State v. Nwobu, 139 N.J. 236, 246 (1995). A … of these standards – had the PTI application been supported by the Tinsley correspondence – would have …
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… 77, 101 (2016). Those findings should be upheld if they are supported by sufficient competent evidence in the record, …
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… of gross negl[igence]." No other reasons were provided in support of the judge's determination. Defendant appealed. In our prior opinion, we …
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… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … what he or she deems are the most effective arguments in support of the client's position. Ibid. Here, the trial …
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… "failed to provide any legal or evidentiary basis to support his claims of ineffective assistance of counsel as … that defendant's allegations were "bald assertions," unsupported by any facts. The PCR court also reviewed the …
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… HEARING. Our review of a trial court's sentencing determination is "deferential." State v. Lawless, 214 N.J. … balance[d] aggravating and mitigating factors that [were] supported by competent credible evidence in the record." …
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… his job as a result of a new conviction, and the financial support he provides for his two daughters. After weighing …
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… the grand jury that two or more persons were involved. To support the legal argument, defendant relies on the … only reserved "the right to appeal from the adverse determination" of the trial court. R. 3:9-3(f). As defendant … did not present these arguments for the trial court's determination, he may not raise them now after pleading …
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… when" the father could use the car, the Court found ample support that the car was furnished to the father for his …
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… on a PCR petition if he establishes a prima facie case in support of PCR. To establish a prima facie case, a defendant …
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… not voluntary, there is nothing in the record on appeal to support his argument. Affirmed. … STATE OF NEW JERSEY VS. …
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… and flipped over a patio table in the presence of the children. Following this incident, defendant's behavior … State "welcomed the mistrial with open arms" is also not supported by the record. The State did not request or …
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… prior to Padilla. We conclude that this record does not support defendant's claim that his attorney affirmatively … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …
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… FRUITS MUST BE SUPPRESSED. 6 A-0070-18T4 Our review of a determination of a motion to suppress evidence is limited, and … so long as sufficient credible evidence in the record supports those findings." State v. Gonzales, 227 N.J. 77, …
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… Because the lay testimony of the officers overwhelmingly supported the charges of which defendant was convicted, the …
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… 2A:53A-27. Without the proper affidavit, plaintiff cannot support his claims. Therefore, the complaint was correctly …
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… In August 2018, PCR counsel filed an amended petition, a supporting brief, and certifications from defendant and his … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… We defer to the judge's factual findings and legal determination because we do not discern they were "'manifestly unsupported by or inconsistent with competent relevant and … determining impairment," perhaps explaining why he did not support his causal-relation opinion. Whether or not a net …
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… must accept when "adequate, substantial, credible evidence" supports them. Seidman v. Clifton Sav. Bank, S.L.A., 205 … Based on those omissions, the court's evidentiary determination does not command our deference. See E & H Steel … judge who initially decided this matter made credibility determinations, we are constrained to direct that the remand …
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… unless [it is] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … 574 (1985) (noting the trial court's "major role is the determination of fact"); Rova Farms Resort, Inc. v. Investors … (1974). We only review de novo the trial court's legal determinations. 30 River Court E. Urban Renewal Co. v. …