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… defendant was "swaying, [with] saggy knees," "grasping for support and . . . staggering" with his "feet wide apart for … N.J. 146, 162 (1964)). By contrast, our review of a legal determination is plenary. State v. Kuropchak, 221 N.J. 368, … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… It is unclear from the record when or how Shaw made that determination. During a recorded 5 A-5003-17T1 telephone … we must uphold a trial court's factual findings if they are supported by sufficient credible evidence in the record. … rental car company. As such, we need not defer to that determination. See Dunbar, 229 N.J. at 538. In fact, the …
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… the transcripts of the hearings on the second application support its position such application was the same as the … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. … us. The Board did not make nor could it have made the determination whether the first and second applications were …
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… Claim Act. The case law as I understand it requires a determination by this [c]ourt on a case-by- case basis. Here, … did not constitute extraordinary circumstances to support her motion to file a late tort claim notice – … health information on the internet. 213 N.J. at 149. To support her reason for not filing a timely tort claim …
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… This appeal followed. The Borough argues the penalty is not supported by the record because: (1) it was Shirley's … with deference, and will not reverse the ultimate determination of an agency unless the court concludes that it … for the judge of compensation to make a reasonableness determination not tied to the thirty-day period established in …
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… defendant's plea was made knowingly and that the plea was supported by an adequate factual basis. This appeal … 244, 251 (App. Div. 2001), because the Law Division's determination is de novo on the record from the municipal … entered into the plea knowingly to be a threshold determination that precedes a Slater analysis and is subject …
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… his home, as well as the statements he gave to them. In support of the latter, defendant contended that, due to his … defendant called a psychologist, who provided testimony in support of his contention. 2 These additional charges were … of whether his mental state at the time of the offense supported a diminished capacity defense3 and, further, …
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… fiancée Takiya Knowles, who was also the mother of his five children. They testified that he was at his son's birthday … error,1 we stated: The State presented a strong case to support [defendant's] convictions. Even if Rodriguez and … 218 N.J. 275 (2014). Defendant filed a timely PCR petition, supported by a supplemental certification claiming …
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… your income, do you think you're going to give reports that support the plaintiff or are you going to bend over … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …
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… the defense that plaintiff failed to "plead the facts that support its claim of mailing a Notice of Intention to … §§ 1601 to 1667f. A motion for summary judgment shall be supported by a brief and statement of material facts that … While Rule 4:46-2(b) "provides that all sufficiently supported material facts will be deemed admitted for …
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… a brief, and defendant submitted a certification in further support of his petition. PCR counsel maintained that … four, eight, and nine, trial counsel brought relevant supporting facts to the court's attention at both the … sentencing court's reliance on the robbery conviction to support aggravating factor six. At resentencing, the court …
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… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … N.J. 39, 45 (2011) (finding "appellate review of legal determinations is plenary"). Defendant was charged with … created "a hazardous or physically dangerous condition" to support a conviction under N.J.S.A. 2C:33- 2(a)(2). 7 …
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… exception to the warrant requirement and that finding was supported by substantial, credible evidence. I The relevant … 175 N.J. 502, 511 (2003)). "The principal components of a determination of reasonable suspicion . . . [are] the events … we discern no basis for disturbing the motion court's determination that Flynn conducted a lawful field inquiry of …
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… or through a peremptory challenge. In fact, the record supports the opposition conclusion. During jury selection … her own experiences. We find no fault with the judge's determination. . . . . In compliance with [State v. R.D., 169 … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
njcourts.gov
… decisions, "we afford deference to the trial court's supportable findings." In re Commitment of T.J., 401 N.J. … assistance of others who are willing and available. This determination shall take into account a person's history, … to a voluntary admission. We conclude the judge's determination here to continue Susan's involuntary commitment …
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… elements necessary for civil commitment under the SVPA are supported by clear and convincing evidence, we affirm. C.F. … C.F. was convicted, he admitted to sexually assaulting children and women, from the time he turned eighteen years … "The scope of appellate review of a commitment determination is extremely narrow and should be modified only …
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… only upon the establishment of a prima facie case in support of post- conviction relief. . . . To establish a … hearing, defendant "must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … 'must assert the facts that would have been revealed, supported by affidavits or certifications based upon the …
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… Price. Spatz testified regarding the criteria and the determinations relative to those criterion noted in the … to the surrounding community. Price admitted he based his determination on "life experience" as he was not qualified as … actions is limited to determining whether such actions are supported by substantial credible evidence. See Levin v. …
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… excuse the delay in filing her appeal of the Department's determination. After carefully reviewing the record in light … INCREASED HER DUTIES AND REFUSED TO PROVIDE HER MANAGERIAL SUPPORT, WHICH EXACERBATED HER ANXIETY. II. We begin our … work: 1. Lack of transportation; 10 A-2555-20 2. Care of children or other relatives; 3. School attendance; 4. …
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… se PCR petition, and appointed counsel subsequently filed a supporting brief. Defendant asserted several grounds for … instruction, and submit a certification from defendant to support his new trial motion. Defendant also contended he … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …