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njcourts.gov
… 1, 2015, and there was sufficient evidence in the record to support its findings as to the stormwater detention system. … experts, the judge noted objectors' engineer provided no support for his assertion that the soil logs were taken … of the stormwater plan and its affect on the Board's determination. Judge Kapalko wrote: Thus, unless the Board was …
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njcourts.gov
… or determine if there was sufficient credible evidence to support a conviction. The Law Division is required to decide … judge reviews the transcript and makes an independent determination of the sufficiency of the evidence presented . . … did. He reviewed the transcript and made an independent determination of the evidence presented. Of course, the "court …
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njcourts.gov
… him at trial, leading to his rejection of a plea offer. In support of his first contention, defendant argued that the … that defendant "failed to establish a prima facie case in support of any claim" and "an evidentiary hearing would not … defendant's argument and denied the petition. The record supports the PCR court's finding that defendant and his …
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njcourts.gov
… false, nor did he have any reason to think they were. To support his claims, Charles provided incriminating … 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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njcourts.gov
… the remand directive to review the Zoning Board Officer's determination that there were no violations on the properties, … of prerogative writs and order to show cause seeking a determination that the Board's findings in the adopted … which run with the land. 1. Resolution 2015-22 is not supported by the record. 2. Resolution 2015-23 is not …
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njcourts.gov
… the entire controversy and collateral estoppel doctrines supported dismissal of the complaint. The court found "the … the Administrator of the Ewing Township municipal court, in support. Convenio certified that she was presented with the … her certification, which defendants filed in 11 A-3628-17T3 support of their motion. In opposing the motion, plaintiff …
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njcourts.gov
… Lobby, 477 U.S. 242, 252 (1986)). We review the court 's determination of legal issues de novo. Manalapan Realty, LP v. … to this court, the parties do not dispute that the jury's determination of the parties' respective liabilities is based … In our view, the plain language of the policy does not support a finding that Comcast is an additional insured for …
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njcourts.gov
… ALJ also found the legislative history of N.J.S.A. 53:5A-6 supported the Board's position, noting the 1997 amendment … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Richardson v. Bd. … is eroded by subsection (b). Ibid. Central to that determination was the fact that the creditable service at …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … the videotape to verify that the judge's findings were supported by sufficient evidence in the record. State v. … has been overborne and his [or her] capacity for self-determination critically impaired.'" State v. P.Z., 152 N.J. …
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njcourts.gov
… assistance of his trial counsel. I. We set forth the facts supporting defendant's convictions in our decision on his … v. Fisher, 156 N.J. 494, 501 (1998). The showing must be supported by more than bald assertions. See State v. … 1999). A defendant must allege specific facts sufficient to support a prima facie claim trial counsel's performance was …
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njcourts.gov
… record. Anita died testate on February 5, 2019. She had two children, Steven and Jeffrey. Her last will and testament, … including production of his mother's prior wills, to support his undue influence claim, and a plenary hearing. He … sufficient reasons for the award. When authorized, "fee determinations by trial courts will be disturbed only on the …
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njcourts.gov
… (3) there is an absence of substantial evidence to support the agency's findings; and (4) in applying the … 52:14B-4(a)(4). Responses must be meaningful, reasoned and supported. See Animal Prot. League of N.J. v. N.J. Dep't of … 10 ("[d]isagreement with a reasoned, supported agency determination does not give rise to an APA violation"), …
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njcourts.gov
… Committed the Burglaries, and Because this Theory was Supported by the Record, the Court Erred in Denying the … CHARGE THE LESSER- INCLUDED OFFENSE OF CRIMINAL TRESPASS, SUPPORTED BY THE EVIDENCE AT TRIAL, REQUIRES REVERSAL. (Not … that his sentence was excessive. Our review of sentencing determinations is limited, and is governed by the "clear abuse …
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njcourts.gov
… because he was already a suspect in an unrelated crime. In support, defendant offers the street sign Ruiz used to … the credibility of Ruiz and Officer Martina. No facts support the jury ignored this evidence. Rather, … we apply a deferential standard when reviewing sentencing determinations and should not substitute our judgment for the …
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njcourts.gov
… A QUALITATIVE WEIGHING OF THE RELEVANT FACTORS DOES NOT SUPPORT SUCH A SENTENCE. ADDITIONALLY, THE COURT ERRED IN … gun. Defendant argues in Point I that the record did not support the judge's factual findings that the warrantless … so long as sufficient credible evidence in the record supports those findings." Ibid. (citation omitted). "Those …
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njcourts.gov
… requested that plaintiff produce the Trustee Memo and its supporting documents in December 2011, March 2012, and … unredacted copy of [the Trustee Memo] along with all supporting documentation," and "all communications between … any actual argument" and he failed to "cite to any law in support of his opposition." According to defendants, after …
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njcourts.gov
… insufficiency of the State's proofs of operation. That determination makes it unnecessary for us to reach the speedy … I CONTRARY TO THE STATE'S ARGUMENT, THE EVIDENCE DID NOT SUPPORT AND THE LOWER COURTS DID NOT 6 A-2986-15T2 FIND THAT … sufficient credible evidence in the record to support the determination of guilt. Johnson, supra, 42 N.J. at 162. When …
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njcourts.gov
… not complied with the court's December 4, 2013 order. In a supporting certification, counsel for the Horsburgh … pursuant to Rule 4:23-5(a)(2) and Rule 4:23-2. In a supporting certification, counsel for the Horsburgh … record to support the judge's factual findings and his determination that dismissal of the complaint was warranted …
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njcourts.gov
… search and must "prove 'that there was no probable cause supporting the issuance of the warrant or that the search … to pay substantial deference to the [issuing] judge's determination." State v. Dispoto, 383 N.J. Super. 205, 216 … N.J. 14, 20-21 (2009). The issuing judge's probable cause determination "must be made based on the information contained …
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njcourts.gov
… N.J. Super. 34, 37 (App. Div. 1952). "A certification will support the grant of summary judgment only if the material … to respond to plaintiff's statement of undisputed facts in support of its motion for summary judgment. Rule 4:46-2(b) … 15 A-0757-19 The record amply supports the motion judge's determination that plaintiff was entitled to foreclose. …