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- STATE OF NEW JERSEY VS. LUIS R. GARCIA (13-01-0043, CAPE MAY COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… is being sentenced. Weight is given to "the prosecutor's determination regarding which offense is to be subject to an … (specifying that, on remand, trial court was to make its determination "based on the record at the prior sentencing" … the law of the case, 11 A-0119-17T4 made no arguments in support of a lower sentence, and failed to indicate that the …
- KENNETH ZAHL VS. HIRAM EASTLAND, JR., ET AL. (L-0851-16, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defendants contend the proofs adduced at the hearing do not support the judgment. In considering these arguments, it is …
- njcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deceitful to OSHA about any dangers in its workplace are unsupported by the record. Even viewing the facts in the light …
- njcourts.gov… defendant failed to include citations to the trial record supporting its contention. 3 A-1006-17T4 on behalf of a …
- njcourts.gov… contracts with a carrier. As Assemblyman LeFante stated in support of the 1975 legislation, the purpose of the bill was …
- njcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- RICHARD J. SPILLANE VS. NJ STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) - Unpublished Opinionsnjcourts.gov… against appellant; (4) the panel overlooked letters of support; (5) the panel failed to read his written … material considered by the Board in making its parole determinations. We held "New Jersey prisoners have a protected … than its lawful purpose requires, but also to good faith determinations, made pursuant to those standards, whether file …
- njcourts.gov… suffered strains and sprains. There were no "EMG reports to support any kind of radiculopathy." The court found there …
- njcourts.gov… it created on the motion. Plaintiff's failure, however, to support her denial of the specific facts establishing that …
- njcourts.gov… repair project will be submitted to the architect for his determination. The decision of the architect will be final … defendants filed their second motion to compel arbitration supported only by counsel's certification to which he … 403 N.J. Super. 508, 514 (App. Div. 2008), and that the determination of whether a party has waived its right to …
- njcourts.gov… plain language of the statute or its legislative history supports that claim. On the contrary, persistent offender … be regarded as, separate and distinct from the court's determination" of statutory eligibility for an extended … undertaken after eligibility is determined. Id. at 168. Determination of eligibility for extended term sentencing does …
- STATE OF NEW JERSEY VS. KWESI DIXON (02-12-1567, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … prior to Padilla. We conclude that this record does not support any claim that either of defendant's attorneys … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …
- njcourts.gov… never received plaintiff's 311 message, the record does not support that contention. Two days after plaintiff's 311 …
- njcourts.gov… to In re L.B., 369 N.J. Super. 354 (Law Div. 2004), to support his claim that the trial court's denial of …
- njcourts.gov… The burden is on the defendant to show the evidence to support the indictment is lacking. State v. McCrary, 97 N.J. … discern no abuse of the motion judge's discretion in the determination the State did not establish a prima facie case …
- STATE OF NEW JERSEY VS. DANIEL L. WATKINS (18-07, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … the Law 11 A-3401-18T3 Division. The record contains ample support for the trial court's findings of fact and …
- STATE OF NEW JERSEY VS. HERRON ALSTON (95-07-2488, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… jail credits, we discern no error in the PCR court's determination that defendant was not entitled to a 7 … parole ineligibility. Defendant's reliance on Franklin for support is misplaced. Defendant's sentence and direct appeal …
- STATE OF NEW JERSEY VS. JAMA SMITH (04-03-0359, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Although we review de novo the PCR court's legal determinations, State v. Nash, 212 N.J. 518, 540-41 (2013), it … Lee. We do not address whether, if Smith obtained evidence supporting Coleman's asserted belief in Felton's complicity, …
- A.C.-G. VS. A.C. (FV-20-1523-19, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… to -35. Because the Family Part judge erred in her determination that defendant A.C.'s actions did not constitute … since 2001; they were married in 2004 and have two children together. In 2001, when plaintiff was about eight … taken her children to school. The judge's comment is not supported by the record. It was understandable that …
- njcourts.gov… We "should accept a trial court's findings of fact that are supported by substantial credible evidence." Id. at 505–06 … Frangoulis's testimony. We see no reason to reject those determinations. The judge only questioned Wang's ability to …