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njcourts.gov
… has a right to present oral argument to the trial judge in support of a petition for post-conviction relief, we are … it should supply a statement of reasons explaining its determination. In this instance, the problem is compounded by …
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njcourts.gov
… for an abuse of discretion or lack of evidence to support it." In re Civil Commitment of T.J.N., 390 N.J. … we give the "utmost deference" to the reviewing judge's determination of the appropriate balancing of societal … judge's role as fact-finder, we affirm Judge Freedman's determination, substantially for the sound reasons he set …
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njcourts.gov
… sent plaintiff's counsel a letter questioning whether the determination being appealed was final. The letter indicated … on the records in ACMS and the eCourts case jacket, which supported his July 2, 2019 order indicating that the … has no desire or incentive to pursue. To secure a just determination and ensure 10 A-5383-18 fairness in the …
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njcourts.gov
… to withdraw a plea where the defendant proffers evidence in support of the Slater factors. Additionally, the State …
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njcourts.gov
… v. Westover, 241 N.J. 289, 301 (2020). The record supports the judge's finding that plaintiff did not …
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njcourts.gov
… on her attendance, and her belief to the contrary was unsupported. Because petitioner was not within the course of … and legal conclusions "unless they are 'manifestly unsupported by or inconsistent with competent, relevant[,] and … a non- exclusive list of factors relevant to the determination: [1] whether the employer directly solicits the …
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njcourts.gov
… those funds in trust and disperse them evenly to the three children after the mother died. However, Basem used 1 For … contexts, we will not set aside the judge's 6 A-3204-19 determination unless it is shown to be arbitrary or capricious … should be remanded due to the first judge's failure to support his March 29, 2017 order with a statement of reasons …
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njcourts.gov
… omitted). Thus, we will reverse the trial court's determination of whether to allow a defendant to withdraw a … in granting defendant's motion as her decision is fully supported by her factual findings. This is a close call …
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njcourts.gov
… was also a prospective customer. Specifically, and in support of this "theory," the petitioner stated that "any" …
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njcourts.gov
… that allegation has been addressed ad nauseam. The record supports Judge Pugliese's factual findings. In 2015, Judge …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 2A:53A-27. Without the proper affidavit, plaintiff cannot support his claims. Therefore, the complaint was correctly …
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njcourts.gov
… Because the lay testimony of the officers overwhelmingly supported the charges of which defendant was convicted, the …
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njcourts.gov
… 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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njcourts.gov
… 77, 101 (2016). Those findings should be upheld if they are supported by sufficient competent evidence in the record, …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … both parties, some undated. However, the judge based her determination not on pictures, but on her personal examination … Gilhooley, 164 N.J. at 544). "In making that objective determination, a number of factors are relevant, 'including …
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njcourts.gov
… 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 …