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… must "not accept passively the submissions of counsel to support the lodestar amount." He found that "this task has … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …
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… unless "'a defendant has presented a prima facie [case] in support of post- conviction relief.'" State v. Marshall, 148 … testimony, a belated, "bare assertion of an alibi" unsupported by other evidence). The PCR court, who sat as the … same motel. Given that evidence, defendant's belated and unsupported attempt to blame his own son was highly unlikely …
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… We "will uphold [a] PCR court's findings that are supported by sufficient credible evidence in the record." … under the abuse of discretion standard [a] PCR court's determination to proceed without an evidentiary hearing." …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 10 A-4025-15T1 N.J. Super. … . ." J.S. v. R.T.H., 155 N.J. 330, 337 (1998). "[I]n its determination whether to impose a duty, [a court] must also … to prevent her husband's sexual abuse of her neighbor's children. J.S., 155 N.J. at 334, 353-54. The Court found …
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… the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of …
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… summary judgment; however, we base our affirmance on our determination that no jury could objectively conclude that … review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated … for the jury. See Vincitore, 169 N.J. at 130. However, a determination of palpable unreasonableness, "like any other …
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… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or underevaluation …
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… true value. They then moved for summary judgment. In support of the same, they certified that when they contacted … favorable to the non- moving party, the court finds the unsupported assertions of an uncorrected under-assessment and …
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… v. Nwobu, 139 N.J. 236, 240 (1995)). Accordingly, "a PTI determination requires that the prosecutor make an … own assessment of those factors. Contrary to the judge's determination, the prosecutor's assessment of factors eight … 14 A-3036-16T1 pattern of antisocial behavior, finds clear support in the record. The judge also misread factor eleven …
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… between Helmer and Branco. There is nothing in the record supporting defendant's theory that Branco planned to join …
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… much less plain error, in the jury charge. B. To further support his argument, defendant claims his trial counsel was … Ibid. Thus, we decline to consider this point. Our determination is without prejudice to defendant's raising it … of probation. Inasmuch as the court did not make this determination, we remand for resentencing to determine …
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… of discretion standard. Id. at 467. "The trial court's determination under the rule warrants substantial deference, … Id. at 597, n. 1. 11 A-4200-15T3 The record does not support defendants' contention that plaintiff lacked …
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… licensed professional planner. Among 9 A-4691-15T4 Pierce's supporting documents was a certification from the appraiser … "unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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… arguments. We add only these comments. The State's evidence supported both the charge on accomplice liability and the …
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… unacceptable." Ibid. As explained further infra, "policy determinations, such as which offenses to aggressively … STATE) WERE SPECULATIVE, LADEN WITH GENERALITIES, BARE ON SUPPORTING FACTS, OVER INCLUSIVE, AND CONTRARY TO … 439 N.J. Super. at 234. Defendant cites his age, education, children and motorcycle injuries, and claims he was under …
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… which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" …
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… and balance[d] aggravating and mitigating factors . . . supported by competent credible evidence in the record[,]" …
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… further agrees with defendants that the evidence fails to support an easement by prescription. Plaintiff’s use of the …
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… the notice regarding the 2014 meetings. This finding is supported by the fact that once they were notified of the …
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… to search the vehicle. That issue turned on credibility determinations. For these reasons, we are constrained 3 … The deference extends to the trial court's credibility determinations. Ibid. That is so because factual findings and … the factual basis for his guilty plea was inadequate to support the possessory CDS offense to which he plead guilty. …