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njcourts.gov
… imposition of the 200-month FET and remand for a new FET determination. I In 1986, appellant was convicted by jury of … both. The Board concurred with the two-member panel's determination appellant lacked insight into why he engaged in … (1979). There is sufficient credible evidence in the record supporting these findings, and we discern nothing arbitrary …
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njcourts.gov
… v. One Washington Park, 154 N.J. 437, 442-45 (1998), to support her argument that her request for the late amendment …
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njcourts.gov
… when he pled guilty, and gave a sufficient factual basis to support the first-degree robbery charge. This appeal … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… v. Ross, 218 N.J. 130, 144 (2014). "The trial court's determination as to whether a Czachor charge is warranted … opinion. R. 2:11-3(e)(2). We are satisfied the record amply supports the judge's findings on aggravating and mitigating …
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njcourts.gov
… further argue that plaintiff's proofs were insufficient to support entry of final judgment; the trial court misapplied … to the sound discretion of the trial court, whose determination will not be disturbed absent a clear abuse of …
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njcourts.gov
… N.J. at 621 (citations reformatted). "Additionally, a PTI determination requires that the prosecutor make an … of the statutory factors and provide a statement of reasons supporting its conclusion as to defendant's application for …
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njcourts.gov
… OF DEFENDANT'S MOTION TO CORRECT AN ILLEGAL SENTENCE IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE[] EVIDENCE IN THE …
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njcourts.gov
… and to dismiss the complaint for lack of jurisdiction. In support of its motion, West Coast provided a copy of a …
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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … (App. Div. 2011) (quoting Padilla, 559 U.S. at 372). That determination should be "based on evidence, not speculation." …
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njcourts.gov
… any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … reversal of existing law." We offer no opinion as to the determination of the trial court on this issue. 11 A-2576-22 …
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njcourts.gov
… the witnesses who testified before the PCR court did not support defendant's purported alibi, and one 10 A-0358-22 …
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njcourts.gov
… any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … reversal of existing law." We offer no opinion as to the determination of the trial court on this issue. 11 A-2576-22 …
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njcourts.gov
… judge's factual findings, provided those "findings are supported by sufficient credible evidence in the record." …
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njcourts.gov
… guilty plea is entered, the court may hear the witnesses in support of the complaint prior to judgment and sentence and …
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njcourts.gov
… not constitute excusable neglect. We also agree with her determination defendant failed to demonstrate he would suffer … from a co-defendant's car. Again, this contention lacks support in the record, which reflects the State's expert … the DNA matched defendant. We agree with the PCR judge's determination defendant failed to present any credible …
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njcourts.gov
… in his initial submission. Here, the record fully supports the denial of defendant's application. Simply put, …
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njcourts.gov
… in the Law Division to correct an illegal sentence. In support of his motion, defendant submitted a certification …
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njcourts.gov
… Legislature's 2020 enactment of mitigating factor fourteen supports his contention his sentence is illegal. Defendant … requirement "that a sentencing judge 'take into account how children are different, and how those differences counsel … in N.J.S.A. 2C:44- 1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… knowingly and voluntarily. Here, defendant also failed to support his claim that a mental examination and subsequent …