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… court were inclined to grant the State's application. To support its application for the lesser-included aggravated … aff'd as modified, 252 N.J. 497 (2023) (observing the determination on jury instructions is "best made in the first … the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 458; see …
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… PA, JOSEPH ROCCO, ESQ., PEPPER HAMILTON, LLC, FOX ROTHSCHILD, LLP, JOHN L. SLIMM, ESQ., JEREMY J. ZACHARIAS, ESQ., … should not be dismissed because they did not need an AOM to support those causes of action. The trial court found the … The objectives of: (1) the promotion of conclusive determinations, and (2) judicial economy and efficiency, are …
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… The plain words of the bribery statute, however, do not support that position. The relevant language is not limited … from the Model Penal Code, on which the law is modeled, supports that interpretation. The trial court granted … in the Model Penal Code, and found that those sources supported a broad reading of the bribery statute. Id. at …
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… about him. He argues each incident alone sufficiently supports discrimination, and "the cumulative effect of the … Dillon and Fell as "aggressive." The record does not support Dillon's contention that his coworkers corroborated … we note Dillon provided no material issues of fact to support that any individual defendant involved with his …
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… Board. Because we conclude the Board's decision was amply supported by credible evidence in the record, we affirm. I. … concluding that the difference in testing as part of a determination for the necessity of surgery "reflect[s] the … laminotomies on his operative reports. In reaching its determination, the Board relied on Quartararo's testimony that …
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… the court's jury instructions on that precise issue further supports the presumption that the charge "was unlikely to … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In addition to … misleading of the jury." Garfole, 76 N.J. at 451. "This determination is [also] highly discretionary." Weaver, 219 …
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… during this sidebar to "Unidentified," but context supports the attributions given in text here. 7 A-5494-14T1 … attributes the questions to "Unidentified," but context supports their attributions to the prosecutor. 9 A-5494-14T1 … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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… he did not possess the requisite intent sufficient to support the robbery count. The court denied defendant's … the presence of a parent is an important factor in that determination. Id. at 321. Our courts further recognize "the … Supreme Court held that judges must "take into account how children are different," and consider the factors enumerated …
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… filed a motion to vacate final judgment. The motion was supported by an "attorney statement" from its counsel, … S.A., 392 N.J. Super. 227, 243 (App. Div. 2007) ("While determination of the issue may be made upon affidavits, our … whether to vacate a judgment under Rule 4:50-1 is a determination left to the sound discretion of the trial court, …
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… that there were sufficient funds in the account to support the check, but eventually tendered the $30,000 by … Elecs. Corp., 116 N.J. 739, 746 (1989)). In making that determination, courts must afford the plaintiff "every … "in depth and with liberality" when making such a determination, even though "[t]he inquiry is limited to …
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… only at the suppression hearing for the purpose of supporting the State's argument that Lopez's cell phone had … backseat of her vehicle that did not belong to her or her children, which she gave to police. Defendant's girlfriend … 192 N.J. 244. Relatedly, a trial judge's credibility determinations should be upheld if such determinations are …
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… State v. Johnson, 68 N.J. 349, 354 (1975)). "The ultimate determination must rest on the facts of each individual case . . . [a]nd a court's determination must be based on the totality of the circumstances and be supported by sufficient credible evidence in the record." …
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… been dating since December 10, 2005, and that they had two children together. She received a phone call from defendant … TO CALL WITNESSES OF THE CRIME, INSUFFICIENT EVIDENCE TO SUPPORT THE FIRST-DEGREE ROBBERY 12 A-4443-17T4 INDICTMENT … to disqualify counsel was merely a delay tactic is not supported by the record. In addition, at the time these …
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… capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., 229 … which governs." The court "may not vacate an agency determination because of doubts as to its wisdom or because … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." US Bank, N.A. v. …
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… path, an individual seeking nomination must obtain the support of ten-percent of the eligible voters. This … gives particular deference to a trial judge's credibility determinations. In re Trust Created by Agreement, 194 N.J. … the judge had insufficient evidence to support that determination. In particular, Spencer faults Seidman for not …
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… Inc., can cause Crohn's disease. We reversed that determination, In re Accutane Litigation, 451 N.J. Super. 153 … the 3231 claims that were dismissed as a result of that determination. Plaintiffs filed a timely appeal, which we … the data in the epidemiological studies is slightly more supportive of an association between Accutane and ulcerative …
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… Delaware Riverkeeper and Delaware Riverkeeper Network support SHOS's position, contending "strict compliance with … with deference, and will not reverse the ultimate determination of an agency unless the court concludes that it … permitting decision by the Department is a quasi-judicial determination, reasoned fact-finding is essential. In re …
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… before another judge. Defendant founded a school for children with disabilities in 1993. Shortly thereafter, he … tuition. In June 2016, six search warrants were issued, supported by the New Jersey Division of Criminal Justice … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of …
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… he did not possess the requisite intent sufficient to support the robbery count. The court denied defendant's … the presence of a parent is an important factor in that determination. Id. at 321. Our courts further recognize "the … Supreme Court held that judges must "take into account how children are different," and consider the factors enumerated …
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… to campus, she struggled emotionally without her parents' support. At first, plaintiff did not report the incident to … out that plaintiff's testimony was uncontroverted and supported by documentary evidence, and that the … SASPA." C.R. I, 248 N.J. at 444-45. Here, the judge's determination that the sexual contact was nonconsensual is …