njcourts.gov
… 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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… 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 …
njcourts.gov
… never received plaintiff's 311 message, the record does not support that contention. Two days after plaintiff's 311 …
njcourts.gov
… 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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… 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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… 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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… 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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… 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." …
njcourts.gov
… 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 …