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njcourts.gov
… responsible" for the others. Armstrong's plea colloquy supported this, referring to defendant simply as a … of the factors was "misplaced, unwarranted, and unsupported by the evidence in the case." The court …
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njcourts.gov
… 2007 loan, and $5,587.20 allocated to the 2008 loan.2 In support of its claim, the Authority introduced into …
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njcourts.gov
… 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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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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njcourts.gov
… 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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njcourts.gov
… against appellant; (4) the panel overlooked letters of support; (5) the panel failed to read his written … material considered by the Board in making its parole determinations. We held "New Jersey prisoners have a protected … than its lawful purpose requires, but also to good faith determinations, made pursuant to those standards, whether file …
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njcourts.gov
… DECIDE WHETHER [THE] TRIAL [COURT] ERRED OR THE COURT'S DETERMINATION WAS AN ABUSE OF DISCRETION[] IN DENYING … served with the summons and complaint. The record fully supports those findings. The address used for service of the …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… [PCR] counsel can formulate no fair legal argument in support of a particular claim raised by defendant, no …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… or April 2018 when plaintiff discovered the damage.2 In support of that argument, plaintiff relies on one case: …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… before us. Plaintiff has cited no legal authority to support his contention that a one-year time limit for an … an internal appeal and defendant never rendered a final determination on it, we hold that plaintiff's argument is …
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njcourts.gov
… underlying the trial court's decision provided they are supported by sufficient 11 A-5801-17 credible evidence in …
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njcourts.gov
… 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 …
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njcourts.gov
… of review following a bench trial is well-known. Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … 237 N.J. Super. at 612).4 No proofs in the trial record support a reasonable relationship between the default rate …