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njcourts.gov
… 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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njcourts.gov
… the petitioner "must allege specific facts and evidence supporting his allegations." Id. at 355. In other words, "to … objectively deficient. Here, the record before us does not support a finding that counsel's representation fell below … would have rejected the plea, the record likewise does not support such a finding. To start, defendant fails to …
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njcourts.gov
… apply the statute as it read at the time of the Board's determination. 3 A-1048-20 all mitigating circumstances and … during the liability and penalty phases to make its own determinations." The record before us does not contain an … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., …
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njcourts.gov
… 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. …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… reasoning. However, within the written statement of reasons supporting the August 29, 2017 order denying defendant's … court explained the factual findings and legal conclusions supporting the June 26, 2017 order. 5 A-2113-17T1 complaint … standing to prosecute the action; 2) failed to properly support its summary judgment motion with competent evidence; …
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njcourts.gov
… were married in April 1972 in South Korea. They have two children, a son born in 1973, and a daughter born in 1976. … was "void of any factual data or scientific basis to support her diagnosis." 3 C.L. had filed an in limine motion … assaults and abuses. 3. Compensatory Damages "Final determinations made by the trial court sitting in a non-jury …
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njcourts.gov
… relaxing the five-year limitation period. I. Because the determination of whether the five-year time bar of Rule … only if a defendant establishes a prima facie showing in support of the requested relief. Preciose, 129 N.J. at 462. … plea "shall not [be] accepted[ed]" without the court's determination that "there is a factual basis for the plea." R. …
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njcourts.gov
… in the motion for summary judgment that the facts did not support a claim for third-party legal malpractice and … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. The decision to admit …
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njcourts.gov
… R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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njcourts.gov
… to demolish the motel's existing "laundry and maintenance support building" and to construct a new laundry building … reviewing a board's decision, we presume its "factual determinations . . . to be valid," and we will only reverse if … may be barred. It is for the Board to make that determination in the first instance. [Ten Stary Dom P'ship, …
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njcourts.gov
… land is the portion of the land that is unnecessary "to support the existing improvement and cannot be separated … of a particular use and that which is not necessary to support the existing improvements." Schimpf v. Little Egg … 46 (App. Div. 1990). But "we review the Tax Court's legal determinations de novo." Alcatel-Lucent USA Inc. 17 A-1738-20 …
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njcourts.gov
… she wrote contemporaneously to the incident and was further supported by the pictures . . . [in] evidence. B.C.P. … trial court's findings of fact are binding on appeal if "supported by adequate, substantial, credible evidence." … presented. Common sense and experience may inform that determination." State v. Hoffman, 149 N.J. 564, 577 (1997) …
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A-29-23 Respondent Response To Amicus Brief Letter
Briefs
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… not be repeated again. In several instances, Mr. Roberto supports some of the positions advocated by these amici … finding that Tyler constituted independent grounds supporting vacatur of Petitioner’s judgment under Rule … Bill A.3772, approved P.L. 2024, c.39 (the “Act”), further support the Appellate Division’s limited pipeline …
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njcourts.gov
… 5:15-1 to -12, to the facts of this case to find further support in immunizing defendants from liability. 1 … activities." Ibid. The Act expresses "an overall intent to support and protect equine activities because of their … B. Although we conclude the trial court erred in finding support in the EALA, we affirm the trial court's grant of …
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njcourts.gov
… TRPD Patrolman Louis Taranto III filed an affidavit in support of a search warrant, attesting that he had probable … that defense counsel had "cited State v. Broom-Smith to support his argument in which the Court opined that officers … [suppression] decision so long as those findings are supported by sufficient credible evidence in the record." …
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njcourts.gov
… of DMAHS reversed, remanding the matter "for a determination related solely to whether petitioner timely … Medicaid eligibility. II. "This court's review of DMAHS's determination is ordinarily limited." C.L. v. Div. of Med. … capricious, or unreasonable, or that it lacks fair support in the record.'" R.S. v. Div. of Med. Assistance & …