- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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