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… to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401 (defining … State v. P.S., 202 N.J. 232, 255 (2010). "In relevance determinations, the analysis focuses on 'the logical … not violate the sentencing guidelines and the record amply supports her findings on aggravating and mitigating factors. …
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… in receipt of 6 A-3792-17T1 [Provencher's] loss value and supporting brief." On June 20, 2017, Arsenault promised to … that were mandated by a governmental unit" and "such determinations amounted to legal error" that require reversal …
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… arguments. We add only these comments. The State's evidence supported both the charge on accomplice liability and the …
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… unacceptable." Ibid. As explained further infra, "policy determinations, such as which offenses to aggressively … STATE) WERE SPECULATIVE, LADEN WITH GENERALITIES, BARE ON SUPPORTING FACTS, OVER INCLUSIVE, AND CONTRARY TO … 439 N.J. Super. at 234. Defendant cites his age, education, children and motorcycle injuries, and claims he was under …
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… licensed professional planner. Among 9 A-4691-15T4 Pierce's supporting documents was a certification from the appraiser … "unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
njcourts.gov
… v. Nwobu, 139 N.J. 236, 240 (1995)). Accordingly, "a PTI determination requires that the prosecutor make an … own assessment of those factors. Contrary to the judge's determination, the prosecutor's assessment of factors eight … 14 A-3036-16T1 pattern of antisocial behavior, finds clear support in the record. The judge also misread factor eleven …
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… much less plain error, in the jury charge. B. To further support his argument, defendant claims his trial counsel was … Ibid. Thus, we decline to consider this point. Our determination is without prejudice to defendant's raising it … of probation. Inasmuch as the court did not make this determination, we remand for resentencing to determine …
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… between Helmer and Branco. There is nothing in the record supporting defendant's theory that Branco planned to join …
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… of discretion standard. Id. at 467. "The trial court's determination under the rule warrants substantial deference, … Id. at 597, n. 1. 11 A-4200-15T3 The record does not support defendants' contention that plaintiff lacked …
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… 429 (App. Div. 2017), certif. denied, __ N.J. __ (2018), supports his argument. The State responds that Cain should …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. …
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… other grounds, 7 A-2101-16T1 188 N.J. 359, 362 (2006), for support, the prosecutor determined that "defendant's crimes …
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… began in 2008; (3) he needed the income from the new job to support himself and his wife; (4) he had no other reasonable … advances no convincing argument that the prosecutor's determination was a patent and gross abuse of discretion. …
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… that defendant's statements were not the only evidence supporting his conviction. The judge explained: Without …
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… required that "plaintiffs must allege particular facts in support of their claims of attorney incompetence and may not … court may conduct an evidentiary hearing, if credibility determinations are required, and consider whether plaintiffs' … 55, 87 (App. Div. 2007) (recognizing that the "ultimate determination of equitable matters is for the judge alone to …
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… for four days amongst each other." The record fails to support that conclusion. Emphasis was unduly placed by the … court to engage in such a fact-finding exercise. These determinations are for a jury to decide. Chen, 208 N.J. at …
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… judge reviewed the MVR recording and found it did not support defendant's argument. Defendant has not supplied the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" …
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… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." …
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… to search the vehicle. That issue turned on credibility determinations. For these reasons, we are constrained 3 … The deference extends to the trial court's credibility determinations. Ibid. That is so because factual findings and … the factual basis for his guilty plea was inadequate to support the possessory CDS offense to which he plead guilty. …