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… II. If "a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, … omitted). "That is, an expert's bare opinion that has no support in factual evidence or similar data is a mere net …
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… petition, and was assigned counsel who submitted a brief supported by defendant's four-page certification dated July … claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 N.J. at … implicitly requires "that counsel abide by a client's determination, after a plea of guilty has been entered, to …
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… that the State had not produced the affidavit filed in support of the search warrant and supporting investigative reports (collectively, search … principles are: 1. . . . [B]ecause the [CJRA] calls for a determination of probable cause and an assessment of the risk …
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… or return to the scene. Finally, there was no evidence supporting defendant's claim that he hit a deer on Route 19. … we conclude that the State presented sufficient evidence to support the jury's verdict finding defendant guilty beyond a … and Fernandez-Minaya were "physically helpless." In support of his argument, defendant relies upon State v. …
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… trial court on a suppression motion if "those findings are 'supported by sufficient credible evidence in the record.'" … evidence in the record to support the trial court's determination that the officers had reasonable articulable … evidence in the record to support the trial court's determination that the investigatory stop was proper. We note …
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… of an accessory apartment over the existing garage. In support of 4 A-3906-15T1 the application, B&B provided the … at the designated site with the municipality's contrary determination about the permitted uses as expressed through … plan. 14 A-3906-15T1 The record supports the judge's determination that B&B satisfied the negative criteria by an …
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… The Church 4 A-5003-15T2 presented two witnesses in support of the application: Gary Lotano and David Shipman. … and unsupported by the record; and (4) the Board's determination that the proposed lease of the Church's property … at the designated site with the municipality's contrary determination about the permitted uses as expressed through …
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… has provided no competent or probative evidence to support its claim that its response could not be considered … Point III.B. Defendant's counsel put forward claims in support of the summary judgment motion that are not supported by the record but referenced by the court when …
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… judgment and an order striking defendant's answer. In support, plaintiff certified that prior to the commencement … Defendant does not allege any additional facts to support his affirmative defenses in his [a]nswer, nor does … Co., 104 N.J. Super. 265, 272 (Ch. Div. 1969), and such a determination "is a fact-sensitive issue." Toll Bros., Inc. v. …
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… PCR alleging ineffective assistance of trial counsel. In support of his claims, defendant reiterated the arguments he made in support of his motion to withdraw his guilty plea. On May … so that I may live as a productive member of society." In support of his motion, defendant argued his crimes were the …
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… had an "articulated [and] and reasonable suspicion . . . to support the motor vehicle stop 1 The judge inferred from … 42 N.J. 146, 161 (1964)). A trial judge's credibility determinations should likewise be upheld if they are supported … concurrent findings of A-2541-20 11 facts and credibility determinations made by two lower courts absent a very obvious …
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… injury. The Board also found there was no evidence to support Slater 's contention that her disability was a … was too vague to allow Dr. Lin to make a reliable determination outside the five-year window, the applicant must … treatment. Accordingly, the Board found that there was no support in the record for Slater's claim that the accidents …
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… Hartz also takes issue with the trial court's credibility determinations. In our prior opinion we summarized the matter … the "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence" in … court and did not opine as to the correctness of that determination. This court assumes, therefore, that this remand …
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… which it claims raise material issues of fact that would support its fraud allegations. First, plaintiff notes that … why the referral [was made]." Plaintiff argues, without any supporting certification from a Wells Fargo representative, … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with …
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… was arbitrary, capricious, and unreasonable and not supported by sufficient credible evidence in the record. II. … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting … credible evidence in the record to support the Board's determination that Severns's encounter with the armed suspect …
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… "at no point does [appellant] argue, with any factual support or specificity, a second unlawful action taken by … The judge also found appellant "offered no factual support for claims of unlawful activity" and had "failed to … behavior at the expense of the homeowner." The record amply supports these conclusions. Moreover, appellant was not …
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… THAT THE DRUG HOUSE WAS KNOWN AS "PEP'S HOUSE," THUS SUPPORTING THE PROSECUTOR'S THEORY THAT THE … blood was found in the house, forensic proof which could support a rational inference that they were killed there … that there were no drag marks by the bodies helped support an inference that multiple people must have been …
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… on his first direct appeal. His pro se certification in support of his PCR petition is dated September 2, 2017. When … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Id. at 547 (quoting State v. …
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… and articulable suspicion of a violation of law, to support requesting defendant to submit to FST. Specifically, … driver's intoxication."). We are satisfied that these facts support a reasonable and articulable suspicion that … N.J. 83, 87(1972). The trial judge's conclusions are well supported by the testimony of Officers Braico and Rothrock …
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… filed a third-party complaint against Sherwin Williams. To support her allegations of negligence, plaintiff retained an … issue of net opinion and the judge could not make that determination without a plenary hearing. Plaintiff further … the law.'" DepoLink Ct. Reporting & Litig. 9 A-2000-19 Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …