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njcourts.gov
… the order from which leave to appeal [wa]s sought, but the supporting brief identifie[d] a municipal court order … "However, where issues on appeal turn on purely legal determinations, our review is plenary." State v. Monaco, 444 … (App. Div. 2016). "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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njcourts.gov
… underpinning the initial and continued protective custody determinations. In December 2021, SID received notice of an … is 'arbitrary, capricious or unreasonable or [] is not supported by substantial credible evidence in the record as … making, we perceive no reason to disturb the DOC's determination. Again, the Legislature declared the DOC is …
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njcourts.gov
… unrepresented in these proceedings, are all Martha’s stepchildren; that is, they are the issue of Harvey’s marriage … of completely exhausting the same)” for Martha’s “health, support, and 3 maintenance [in her] accustomed manner of … and the claim for her removal turns not on the bare and unsupported allegation that Martha kept James in the dark – …
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njcourts.gov
… and zero . . . against and one . . . abstention a determination was made that the application was substantially … 58 N.J. Super. 542, 548 (App. Div. 1959)). Given our determination to reverse the trial court's order, despite the … did not apply, the record contains sufficient evidence to support the Board's denial of the Cole application." …
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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
… 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
… 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
… 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
… knowingly and voluntarily. Here, defendant also failed to support his claim that a mental examination and subsequent …
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njcourts.gov
… 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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njcourts.gov
… AGGRAVATING FACTOR [FIVE] WAS IMPOSED WITHOUT THE SUPPORT OF COMPETENT AND CREDIBLE EVIDENCE IN THE RECORD. … to our decision. In Comer, our Supreme Court recognized "children are constitutionally different from adults for … where society draws the line for many purposes between childhood and 9 A-1201-22 adulthood.'" 249 N.J. at 600 n.10 …
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njcourts.gov
… the record, there is sufficient evidence in the record to support the PCR judge's 7 A-0580-23 finding that "defendant … PCR court, we conclude that assertion to be unfounded and unsupported. Moreover, a review of the plea-hearing transcript …
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njcourts.gov
… State v. Murray, 162 N.J. 240, 246 (2000). We find ample support in the record for the PCR court's conclusion that …
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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
… believes Marain had completed, or was about to complete, supporting his allegations against the two attorneys. Watley … at 113. Subject matter jurisdiction involves "a threshold determination as to whether [a court] is legally authorized to …
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njcourts.gov
… by Miehl and Rochinsky. Our interpretation of Bligen is supported by a recent opinion of this court. Rossi v. …
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njcourts.gov
… on summary judgment. 3 A-1689-21 evidence in the record to support a reasonable inference that the defendant homeowners …
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njcourts.gov
… on January 9, 2020. Default was entered March 9, 2020, supported by an Affidavit of Inquiry. Plaintiff assigned the …