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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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… jail credits, we discern no error in the PCR court's determination that defendant was not entitled to a 7 … parole ineligibility. Defendant's reliance on Franklin for support is misplaced. Defendant's sentence and direct appeal …
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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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… 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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… 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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… plain language of the statute or its legislative history supports that claim. On the contrary, persistent offender … be regarded as, separate and distinct from the court's determination" of statutory eligibility for an extended … undertaken after eligibility is determined. Id. at 168. Determination of eligibility for extended term sentencing does …
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… The burden is on the defendant to show the evidence to support the indictment is lacking. State v. McCrary, 97 N.J. … discern no abuse of the motion judge's discretion in the determination the State did not establish a prima facie case …
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… never received plaintiff's 311 message, the record does not support that contention. Two days after plaintiff's 311 …
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… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … prior to Padilla. We conclude that this record does not support any claim that either of defendant's attorneys … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … the Law 11 A-3401-18T3 Division. The record contains ample support for the trial court's findings of fact and …
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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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… to In re L.B., 369 N.J. Super. 354 (Law Div. 2004), to support his claim that the trial court's denial of …
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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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… insurance obligation pursuant to N.J.S.A. 40A:10-3. In support of that position, the DAG relied upon an unpublished …
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… concerning a settlement agreement that are amply supported by the record." Lahue v. Pio Costa, 263 N.J. …
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… Debt Resolution, LLC, 716 F.3d 764, 776 (3d Cir. 2013) in support of this argument is misplaced. 10 A-1378-20 In …
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… We summarize the facts. On May 2, 2016, B.G. drove his two children to school and parked his car adjacent to the curb … the judge declined to review anew a summary judgment determination rendered by a co-equal trial judge. After … General Insurance Co., 354 N.J. Super. 64 (App. Div. 2002), supports his substantial nexus claim and establishes his …
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… Agreement because he did not want to involve his adult children in the dispute. Additionally, plaintiff emailed … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … contracts made on the basis of mere love and affection, unsupported by a pecuniary or material benefit, create at most …
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… POINT I THE TRIAL COURT ERRED BY NEVER MAKING A DETERMINATION OF CREDIBILITY REGARDING THE TESTIMONY OF … of the trial judge unless they are so "manifestly unsupported by or inconsistent with the competent, relevant … viewed in context with all of the relevant factors, amply supports the trial judge's decision to issue an FRO. See …