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… PCR court in the pro se and PCR counsel briefs submitted in support of defendant's petition.1 We do so because defendant … 20. Incorporation of the Defendant's Pro Se arguments in support of the PCR Petition. A. Trial counsel was … Judge Shusted concluded defendant's "bald assertions" in support of this argument failed to satisfy the first prong …
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… divorce action, Caputo "filed an affidavit of services in support of his request for $175,275 in legal fees and … plaintiff and defendant entered into a retainer agreement" supporting the award of counsel 5 A-3934-22 fees. Id. at 14. … "[A]ll applications for the allowance of fees shall be supported by an affidavit of services addressing the factors …
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… moved for leave to have his expert testify remotely. In support of the motion, defendant submitted an affidavit from … character of the expert's intended testimony, our review supports the trial court's characterization of the expert's … jurisdiction at the time of trial." Ibid. "In making the determination whether to permit testimony by contemporaneous …
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… ACT WAS FLAWED. II. Our role in reviewing final agency determinations is "limited." Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … N.J. 19, 27-28 (2007)). When reviewing an agency's final determination, the appellate court is limited to considering …
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… [N.J.S.A. 39:3-4] or [N.J.S.A. 39:3-8.1]. Our jurisdiction supports an interpretation of N.J.S.A. 39:6A-4.5 whereby strict, title ownership is not necessary to support a finding of ownership under the statute. See … the negligent driver who caused him significant losses." In support of his argument, plaintiff contends Caviglia, a case …
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… sustain' a lesser charge,". . . . Instead, the evidence supporting a lesser- included charge must "jump[ ] off the … jury charge, the evidence must rationally support only the first two elements; the subjective elements … as disclosed by the facts." Mauricio, 117 N.J. at 413. In support of his argument, defendant cites to State v. Coyle, …
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… be accepted. 5 The information submitted to the ALJ in support of the motions for summary decision consisted of an … State administrative agencies is well-settled. The "final determination of an administrative agency . . . is entitled to … agency is "'arbitrary, capricious, or unreasonable,' the determination 'violate[s] express or implied legislative …
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… as a material witness in a separate homicide case. In support of its theory, defense counsel noted defendant was … Division ruled the case could not be retried. This supported the defense theory. Luvera testified Fils-Aime's … defendant's claim. Contrary to defendant's assertion, the determination that the video was not sufficiently clear to …
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… with T.L. She now is the mother of respondent's twin children, but at the time, she was five months pregnant. She … defer to the judge's factual findings, so long as they are supported by substantial credible evidence. State v. … owe particular deference to the trial court's credibility determinations. State v. Locurto, 157 N.J. 463, 474 (1999); …
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… the court based 5 A-1888-16T5 its decision on facts not supported by the record. R.G. argues the trial court … a one- month period, and to sexual involvement "with other children for which he was never charged." Notwithstanding … therapeutic community; he experienced continued arousal to children. The trial court, crediting both of the State's …
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… most favorable to plaintiff from the record submitted in support of and in opposition to defendants' motion for … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, … § 3.401 (2017). Five factors are relevant in making this determination: (1) whether the fees are commensurate with the …
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… Defense counsel also filed a supplemental brief in support of defendant's petition. On March 8, 2011, without … unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … particularly reprehensible. And if the [c]ourt makes that determination from the undisputed record in this case, the … in nothing other than bodily injury. So I'm making the determination as a matter of law, based on the undisputed …
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… counsel to represent defendant. Counsel filed a brief in support of the petition and sought an evidentiary hearing. … on live-witness testimony if the court's findings are "supported by sufficient credible evidence in the record." … also convinced the record supports the PCR court's legal determination that defendant failed to establish that he was …
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… CONSIDERATION OF CONVICTIONS THAT ARE ESSENTIAL TO SUPPORT A VIOLATION OF N.J.S.[A.] 2C:40- 26[(B).] We have … observed a car pull up to Nicole Roberts' house to drop off children. Thereafter, Nicole Roberts called 911 to report … he should be admitted into the program. To support his determination, the judge pointed out that the PTI Director's …
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… during the search should be suppressed. In his testimony supporting the issuance for the warrant, Sheffrin stated … to be cocaine. We are satisfied that the judge's determination to deny the suppression motion was based on the … was ample evidence presented for a jury to render its determination of guilt. "[A] motion for a new trial is …
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… response to their disagreements over parenting of their two children. As proof, plaintiff presented several text message … 2C:25-19(a)(15) and -19(a)(13), and issued a FRO. In support, the court determined plaintiff's testimony was … and emails exchanged between defendant and plaintiff to support the allegations of the predicate offenses-harassment …
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… this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. 6 A-3639-14T4 "The … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, 221 …
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… Ibid. She also said defendant was the father of her three children. Defendant elected not to testify. Ibid. However, … TO SUPPRESS EVIDENCE BECAUSE THERE WERE INSUFFICIENT FACTS SUPPORTING A FINDING OF PROBABLE CAUSE. 6 A-3216-15T2 POINT … had always provided money to pay the rent and support their children. She replied, "Always." She stated that she never …
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… use defendant's prior dismissed charges alone as evidence supporting N.J.S.A. 2C:43-12(e)(8). Id. at 4. On remand, the … a life of crime such as burglaries, robberies, and theft to support their habit. The fact that this defendant cared more … information, including that he financially contributed to support his family; lived with his family; graduated from …