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njcourts.gov
… Id. at 391–92. The critical statutory provision that supported the trial court's summary judgment order in the …
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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
… 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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… 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 …
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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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… tend to prove or disprove a fact of significance to the determination of the case. At the same time, the right to … create a basis for a claim or defense, only material that supports or refutes and existing claim or defense. With …
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… for reconsideration of the judge's dismissal order. In support of the motion, plaintiff provided the court with its … 398, 417 (1991). Instead, standing "involves a threshold determination of the court's power to hear the case." Id. at …
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… in light of Largoza. Plaintiff argues that Largoza supports her argument that the trial court did not engage in …
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… 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 …
njcourts.gov
… ELIGIBILITY FACTOR. c. THE [TRIAL] COURT'S DETERMINATION THAT THE DEFENDANT IS ELIGIBLE, DUE TO HIS … (2019), it asserts subsection (a)(5) requires objective determinations and does not require fact-finding or any … specific provisions of N.J.S.A. 2C:35-14, which in our view support the judge's conclusion that subsection (a)(5) refers …
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… that fact, and we are constrained by the trial judge's determination of credibility. In any event, the relationship … courts defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … assessment. Further, we concur with Judge Young's determination that the present situation is distinguishable …
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… another way, each of Sell's four prongs involves a legal determination as to whether: (1) "important governmental … deference to the trial court's factual findings that are supported by the record and reviewing de novo issues of law. … of federal circuits, that the motion court's legal determinations on a Sell application are reviewed de novo …
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… character of the community and the potential for harm to children in the community of Highland Park." The Planning … room for state law to operate[.]" 246 N.J. at 29. The Court supported that determination by quoting the following language from the CSA: …
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… Practice of Medicine Doctrine, N.J.A.C. 13:35-6.16. In support of its claims, Allstate alleges that numerous … but not all, jointly represented defendants. III. "[A] determination of whether counsel should be disqualified is, as … of the complaint." Op. 552, 102 N.J. at 205. The critical determination is whether the jointly represented defendants …
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… the specter of potential inconsistent factual and legal determinations, not to mention the arguably wasteful … Supreme Court has expressed three "significant concerns" supporting preclusion under the entire controversy doctrine: … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy and …
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… such statements, a "trial court must make a preliminary determination of whether there is independent proof of the … of evidence' independent of the hearsay statements supports the existence of the conspiracy and of defendant's … 404 (b) concerns about other crime evidence. It made no determination as to whether there existed substantial …
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… 1991)). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and … conviction. The judge provided a statement of reasons supporting his sentencing decision, the sentence is based on … Defendant's criminal record and the facts of this case support a life sentence. 29 A-0899-17T1 We have considered …
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… the bid's contents. The judge found that the record did not support a finding that nondisclosure was warranted to … met. Accordingly, we affirm the judge's 22 A-1527-18T3 determination that N.J.A.C. 7:1D-3.2(c) does not bar … was greater than any interest in nondisclosure and her determination that plaintiff was entitled to access the …