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njcourts.gov
… HER SON HAD RECEIVED COMPROMISED DEFENDANT'S RIGHT TO OFFER SUPPORT FOR HIS CLAIM OF THIRD-PARTY GUILT, VIOLATING HIS … [innuendoes], and factual assertions she knew were not supported by the established facts of the DNA or scientific, … Therefore, the record supports the PCR court's determination that defendant failed to present a prima facie …
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njcourts.gov
… II THE PATROLMAN DID NOT ARTICULATE SPECIFIC REASONS TO SUPPORT AN ORDER TO THE PASSENGERS TO ALIGHT FROM A VEHICLE … 378 (1995)). Therefore, we review the trial court's legal determinations de novo. State v. Evans, 235 N.J. 125, 133 … provide more detailed findings of fact with regard to its determination that the vehicle stop also was justified by the …
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njcourts.gov
… compelling precedents, nothing in appellants' arguments supporting their right to an adjudicatory hearing warrants … despite the more than three-year delay in the agency's determination of their request for an adjudicatory hearing, … Amplification. It is axiomatic that our review of agency determinations is limited, and "[i]t is settled that '[a]n …
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njcourts.gov
… Defendant argues that no evidence was provided at trial to support a self- defense jury charge even though defendant's … 289 (1974)). As we said in Romano, integral to a court's determination of whether a defense of necessity applies is … N.J.S.A. 2C:44-1(b)(8). In 17 A-1886-19 reaching the determination that this factor did not apply, the judge relied …
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njcourts.gov
… or did not address, so long as those arguments are in support of the trial court's order." State v. Eldakroury, … cross-appeal because we do not deem the argument to be "in support of the trial court's order." Ibid. 8 A-3954-18T3 … could have used the vape-pen to instead ingest nicotine. To support his point that [defendant] allegedly used the …
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njcourts.gov
… be at the 4 A-5490-17T1 Appellant challenged the NJDOC's determination that his escape history disqualified him from … 10A:9- 2.14(a)(12)(vii). In making a K-7 override determination, the ICC may consider an inmate's "[h]istory of … and the record fails to contain substantial evidence to support the NJDOC's finding. We reject all of these …
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njcourts.gov
… "for filing and continuing frivolous litigation." In his supporting certification, 11 A-2531-17T1 Alliance's counsel … Alliance, it had no basis in law or equity and could not be supported by any good faith extension, modification or … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …
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njcourts.gov
… 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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njcourts.gov
… ESTABLISH THAT THERE WERE EXIGENT CIRCUMSTANCES THAT WOULD SUPPORT THE WARR[A]NTLESS SEARCH OF DEFENDANT'S AUTOMOBILE. … the corroboration of the unidentified detective enough to support probable cause of the search by a preponderance of … evidence to suggest the two preplanned the conversation to support the search as a result of the notice. 10 A-2354-18T2 …
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njcourts.gov
… he received ineffective assistance of counsel (IAC). In a supporting memorandum, defendant averred defense counsel, an … an evidentiary hearing, we review its legal and factual determinations de novo." Aburoumi, 464 N.J. Super. at 338. As … Trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… 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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A-2211-22 Briefs
Briefs
njcourts.gov
… ~ "Da" refers to--Defendant’s Appendix allached hereto in support ofdet~ndant’s appeal. ~ Judge Joseph Paone, J.S.C., … On June 22, 2010, defendant submitted a certification in support of his application to withdraw his guilty plea, … court-appointed PCR counsel filed a brief and exhibit in support of defendant's petition. On May 9, 2014, the court …
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njcourts.gov
… was transacting business in New Jersey was substantially supported by the evidence in the record. Therefore, M.G. … "Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case." Id. at … we conclude there was no error in the trial court's determination that M.G. Sheridan was "transacting business in …
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njcourts.gov
… 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 …