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njcourts.gov
… and was not "the product of coercion." The judge found support for his decision that "[d]efendant clearly … State v. W.B., 205 N.J. 588, 602 n.3 (2011). Further, the determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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njcourts.gov
… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid. See also R. 3:22-10(b); … from a DNA expert attesting to opinions that could support a prima facie claim of a Sixth Amendment violation. …
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njcourts.gov
… any will prior to his death because he wanted all of his children to share equally in any Estate that he would … filed a motion for a new trial accompanied by a brief and a supporting certification by defendant's attorney. In the … 97 N.J. 429, 463 (1984)). However, "a trial court's determination is 'not entitled to any special deference where …
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njcourts.gov
… She produced no medical records or expert testimony to support her claim of permanent injury, however. Although the … hearings in an attempt to gain sole legal custody of the children. Both attorneys explained they did not discuss the … (1989). Accordingly, we must "generously sustain" such determinations, so long as they are "supported by credible …
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njcourts.gov
… v. Bilek, 308 N.J. Super. 1 (App. Div. 1998), does not support defendant's argument. In that case, the defendant … in an apartment setting." Ibid. Bilek thus provides no support for the conclusion that the landing on the second … in State v. Bonano, 59 N.J. 515 (1971), also does not support defendant's argument. There, the Court considered …
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njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … what constitutes custody for purposes of Miranda. The determination of whether a person was in custody is an …
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njcourts.gov
… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … "constituted reversible error." Id. at 598. 11 A-0580-19 To support their position that reversal is mandated, plaintiffs … on the limited record provided on appeal. R. 2:10-2. To support our conclusion, we rely on the absence of any …
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njcourts.gov
… testimony from several law enforcement witnesses "to support the defense that the handgun and other evidence were … to assert his right [to a speedy trial,]" and defendant's unsupported "claim of prejudice." 3 Co-defendant Green was … to produce any certification, expert or otherwise, to support his contention that a defense expert could have …
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njcourts.gov
… N.J.S.A. 2C:43-7, on a first degree crime. To support the motion, the State relied on defendant's 2006 … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." … abuse of discretion standard 11 A-2823-19 the PCR court's determination to proceed without an evidentiary hearing."); …
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njcourts.gov
… waived when the party failed to include any arguments supporting the contention in its brief). 9 A-5661-18 the … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … The latter interpretation of the officer's transmission is supported by his subsequent 16 A-5661-18 statement that …
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njcourts.gov
… petition for PCR. Assigned PCR counsel thereafter filed a supporting brief.3 We next briefly summarize the relevant … only when he or she "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant 9 A-4298-18 must … Porter, the defendant's girlfriend submitted an affidavit supporting his claim that she was with him at the time the …
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njcourts.gov
… issues of ineffective assistance. PCR counsel's brief in support of the PCR petition argued that trial counsel … with the court. Defendant contended Fox's affidavit in support of the search 2 Franks v. Delaware, 438 U.S. 154 … of the alleged falsity when he signed his affidavit in support of the search warrant. The PCR court concluded that …
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njcourts.gov
… Plaintiff points to various facts in the record to support its argument that a jury could find that the parties … responsible financially for the project lacks sufficient support in the record. The assertion is also inconsistent … matters unless the court has abused its discretion or its determination is based on a mistaken 17 A-5098-17T1 …
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njcourts.gov
… found that the record was "more than sufficient to support the ALJ's recommendation" that respondent's and … bound by [an] agency's interpretation of a statute or its determination of a strictly legal issue.'" Allstars Auto Grp., … 150, 158 (2018) (alteration in original) (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 …
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njcourts.gov
… (2013). A PCR court's findings will be upheld if they are supported by sufficient credible evidence in the record. … at the evidentiary hearing as well as the newspaper article support this conclusion. Even if defendant was confused … with the juror. We discern no error in the judge's determination. Finally, we reject defendant's argument the …
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njcourts.gov
… inference from spoliation. None of these arguments are supported by the record. 14 A-4790-15T2 Spoliation involves … The court found that plaintiff never developed evidence supporting the spoliation claim and, therefore, there was no … and correct and the rulings concerning spoliation were supported by the law and the material facts. Affirmed. … …
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njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … On October 18, 2012, plaintiffs and their two adult children, Diana Pace (Diana) and Anthony Pace, Jr. (Pace … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… Concurrent Resolution No. 73 (1982), was submitted in support of defendant's motion to dismiss the complaint. The … limited its consideration of defendant's motion to a determination of whether there was a New Jersey statute … plaintiff for federal benefits. Therefore, the court's determination that a statute was required to extend the …
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njcourts.gov
… the evidence, viewed most favorably to the defendant, would support that justification, we focus on 'the evidence that … Viewed most favorably to the defendant, the evidence supported a finding that the officers used unnecessary and … for resisting arrest where the facts reasonably could support that defense constitutes plain error. Simms, supra, …
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njcourts.gov
… any suggestion the officer's statement of recognition supported an inference by jurors defendant had been involved … was improper speculation by the prosecutor to advance an unsupported theory that body parts had been refrigerated). In … would have aided our review, we are able to affirm the determination as the record contains 17 A-1399-15T3 sufficient …