Charles McHan and Martha McHan - Page 2

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          Lewis R. Carluzzo.  His recommended findings of fact and                    
          conclusions of law were filed and served upon the parties on                
          July 7, 2005.  Subsequently, the petitioners filed objections               
          thereto, and petitioner Charles McHan moved for a new trial.                
          Respondent filed no objection to the Special Trial Judge’s                  
          recommended findings of fact and conclusions of law, but                    
          respondent did file a reply to petitioners’ objections.                     
          Hereinafter, references to petitioner in the singular are to                
          petitioner Charles McHan.                                                   
               We are mindful that with regard to our review of Special               
          Trial Judge Carluzzo’s recommended findings of facts new Rule               
          183(d) provides:                                                            

               Due regard shall be given to the circumstance that the                 
               Special Trial Judge had the opportunity to evaluate the                
               credibility of witnesses, and the findings of fact                     
               recommended by the Special Trial Judge shall be presumed to            
               be correct.                                                            

               We have given appropriate deference to the Special Trial               
          Judge’s recommended factual findings, and, after consideration of           
          the evidence and the record in this case, we have made minor                
          changes to his recommended findings and analysis.  We also have             
          made a number of editorial changes to the Special Trial Judge’s             
          recommended findings of fact and conclusions of law in an effort            
          to clarify certain matters.                                                 







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