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… when he or she "has presented a prima facie [case] in support of [PCR]," meaning a "defendant must demonstrate a … "lack of record, high school education, work history, supportive family, and his skills[,] which would make him a … plea counsel did not reveal a high degree of favoritism to support defendant's bias challenge. See Liteky, 510 U.S. at …
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… Counsel acknowledged he was unable to find any case law supporting defendant's position. The State argued that "the … whether sufficient credible evidence in the record supports the Law Division's decision. Id. at 162. Unlike the … However, where issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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… has not provided an expert report from a financial expert supporting her allegations of negligence and breach of duty. … point to any published industry standard or expert support for such an obligation. Instead, plaintiff … or "special" relationship established that could support a legal duty to a non-customer and a cause of action …
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… reasons expressed in the PCR judge's written opinion are supported by sufficient credible evidence in the record, we … we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … see Castagna, 187 N.J. at 314, we accept the PCR judge's determination that defendant failed to prove both prongs of …
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… to trial." The judge concluded that the record did not support defendant's contention that trial counsel's error … in him taking a 'worse deal' by proceeding to trial are unsupported due to [defendant's] refusal to listen to his … arguments requested by the defendant that the record will support. If defendant insists upon the assertion of any …
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… itself. The motion to enter default judgment was also supported only by an attorney's certification that, a … it was served with a motion for entry 7 The certification supporting defendant's reconsideration motion asserted that … (1960). When a movant fails to present evidence that would support any of the first five subsections of Rule 4:50-1, …
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… is entitled to a charge on all lesser included offenses supported by the evidence." State v. Short, 131 N.J. 47, 53 … and others from violating the law. Those findings were supported by credible evidence. The court also found … history. Finally, defendant has presented nothing to support her arguments that her sentence was excessive as …
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… and M.N. and K.C., part-time caretakers for the parties' children. See N.J.S.A. 2C:25-29(b)(7) (authorizing restraint … this five-month period, allegedly because the nanny and the children allowed or invited him into the house. The parties … S COMPLAINT FOR A FINAL RESTRAINING ORDER WAS “MANIFESTLY UNSUPPORTED BY OR INCONSISTENT WITH THE COMPETENT, RELEVANT …
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… ineligibility. We are convinced, however, that the record supports Judge Kazlau's finding that defendant was not … his maximum sentence exposure was not credible. The record supports the judge's findings. Defendant also argues that … file a PCR petition. The record supports the PCR court's determination that defendant had 16 A-3766-19 not been denied …
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… respondents purchased the Cispharma shares. The record supports the judge's conclusion that the Purchase Agreement … However, appellants did not provide sufficient factual support for the claim that respondents breached this … Agreement and Cispharma's shareholder agreement. In support of this allegation, appellants cite claims Desai …
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… for appellants (Gary F. Piserchia, on the brief). Fox Rothschild, LLP, attorneys for respondents (Eric Wood, on the … evidence, defendant made arguments to the jury that were unsupported by the evidence, and defense counsel made improper … reasonable minds might accept the evidence as adequate to support the jury verdict." Dolson v. Anastasia, 55 N.J. 2, 6 …
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… se submission, defendant presented numerous arguments in support of his claim that trial counsel was ineffective. The … to testify, to consult or retain a handwriting expert to support a claim that he did not write the letter, and to … to the defense. 15 A-2916-18T4 Defendant also provided in support of his PCR petition a report from a handwriting …
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… statement, although she did not file a certification in support of the motion refuting it. According to the report, … record. Procedurally, plaintiff asserts the judge's determination of the accrual date is not a final order within … standards of review guide our analysis. Initially, the determination of the accrual date of a tort claim under the …
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… command that a sentencing judge 'take into account how children are different, and how those differences counsel … State v. Murray, 162 N.J. 240, 246 (2000). We find ample support in the record for Judge Tarantino's conclusion that … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… found that all the information included in the affidavit in support of the search warrant was lawfully obtained. The … findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … four feet wide and three feet deep. All those findings are supported by substantial credible evidence in the record. …
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… not greater than the amount of such excess on application supported by affidavit of services. In no case shall the fee … these circumstances, we find no error in the judge's fee determination. [Id. at 370.] The court commented on First … Super. 68 (App. Div. 2003), noting the case "might seem to support the lender's quest for contractual fees." Regency …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … has the burden to prove 'that there was no probable cause supporting the issuance of the warrant or that the search … Defendant's prior convictions were numerous and fully supported the sentence imposed. We find no reason to disturb …
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… a jury. During the sentencing hearing, the State argued in support of its application for a discretionary extended … high-crime area. We are satisfied that the trial court's determination that the house was "an abandoned structure" is … that the court applied the wrong standard in making its determination. Furthermore, the court also found the bag was …
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… type a(1). Defendant argues the State's evidence did not support type a(1) attempt, commonly referred to as … there is no competent evidence anywhere in the record to support this allegation. Defendant's appellate counsel is … factors set forth in N.J.S.A. 2C:44-1(a)(6) & (9) are amply supported by credible evidence in the record. We find no …
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… to obtain his parent's permission for the interrogation. As support for this claim, he cites both his mother's entry … found to be credible and reliable were sufficient to support his findings and are entitled to our deference on … murder. The judge—in accordance with the Grey Court's determination that "[t]he felony murder charge required that …