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… Although we review de novo the PCR court's legal determinations, State v. Nash, 212 N.J. 518, 540-41 (2013), it … Lee. We do not address whether, if Smith obtained evidence supporting Coleman's asserted belief in Felton's complicity, …
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… to -35. Because the Family Part judge erred in her determination that defendant A.C.'s actions did not constitute … since 2001; they were married in 2004 and have two children together. In 2001, when plaintiff was about eight … taken her children to school. The judge's comment is not supported by the record. It was understandable that …
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… We "should accept a trial court's findings of fact that are supported by substantial credible evidence." Id. at 505–06 … Frangoulis's testimony. We see no reason to reject those determinations. The judge only questioned Wang's ability to …
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… the [Pointe]. In addition, the [Pointe] in reaching its determination took into consideration the use of the step … mistakenly relied on the draft unrecorded Master Deed I in supporting their modification application. Furthermore, as …
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… courts below were based on factual assumptions that are not supported by either the record or logic, and by a …
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… on the issue are submitted to an arbitrator for a binding determination on which position is in the best interest of the … However, "the factual findings underlying the waiver determination are entitled to deference and are subject to … was sufficient 12 A-1785-18T2 evidence in the record to support the court's conclusion that defendants waived their …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
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… was transferred to Somerset County. 3 Nothing in the record supports these alleged attempts, other than defendant's …
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… court conducted a hearing on the Holts' challenge to the determination that their purported lease agreement did not … as outlined in Resolution 12-15. In refiling for this determination with the [z]oning [o]fficer, [the Holts] may … shown to be arbitrary, capricious or unreasonable, not supported in the evidence, or otherwise contrary to law." …
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… the offense with respect to the prosecutor's case-by-case determination whether a defendant is a suitable candidate for … Such defiance of the court's sentencing authority support's the prosecutor's determination she is not a suitable candidate for diversion. …
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… door. Once inside, defendant sexually assaulted two children before being caught in the act by their mother. … physical evidence. Id. at 289-90. Here, there is no support that the physical evidence would have been …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … we offered the following guidance: Although this second determination – whether a domestic violence restraining order …
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… [PCR] counsel can formulate no fair legal argument in support of a particular claim raised by defendant, no …
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… review, we discern no basis for disturbing Judge Smith's determination. We therefore affirm substantially for the … elevation of this kind is not sufficient, in itself, to support a finding that there is a substantial risk of … this were not the case, we also agree with Judge Smith's determination that plaintiff failed to show that "the action …
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… to substitute in as new trial counsel for defendant. In support of that motion, Ashley certified that defendant had … claims involves matters of fact, but the ultimate determination is one of law[.]" State v. Harris, 181 N.J. 391, …
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… not conducted an evidentiary hearing, legal and factual determinations are reviewed de novo. State v. Harris, 181 N.J. … "if a defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 …
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… In contrast to a due process claim, which a defendant must support with a showing of "actual prejudice, not possible or … of this case. Even accepting those unspecific and unsupported assertions, we agree with the first Law Division …
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… or April 2018 when plaintiff discovered the damage.2 In support of that argument, plaintiff relies on one case: …
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… zoning plan." Ibid. The Board's decision was proper as it supported by Comi's uncontroverted testimony. See id. at 33 …
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… Avenue in Elizabeth ("the property"). Because the record supports the court's determination that SHMI was a title holder when the complaint … the default foreclosure judgment. II Generally, a court's determination under Rule 4:50-1 warrants substantial deference …