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… . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in support of any other approach, the court may conclude which …
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… his statement. [Id. at 11.] We concluded: [T]he record supports the trial judge's findings that defendant … at 477-80 (identifying factors that "take into account how children are different, and how those differences counsel … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," …
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… Dr. Guzzardi did not cite to any articles or studies in support of his opinion, which he stated was based on his … reaction time; he conceded that he could not make those determinations because he did not know how much heroin was in … 31 A-3196-21 whenever a jury is asked to make a liability determination regarding an absent party, regardless of whether …
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… order as we discern no abuse of discretion in the court's determination that appellants had not established numerosity … on three additional occasions: (1) two separate filings in support of its motion for a protective order in October … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
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… Anti Self-Referral Law, N.J.S.A. 45:9-22.4 to -22.9. In support of its claims, Allstate alleges that numerous … including the claims against the non-moving defendants. In support of its orders, the trial court issued three written … PIP arbitration; and (4) canons of statutory interpretation support the position that claims under the Fraud Act and …
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… mind." Windish also said O'Donnell would always have his support. In a May 10, 2018, recorded conversation, Windish … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to prove or disprove [a] fact of consequence to the determination of the action[,]'" State v. Gilchrist, 381 N.J. …
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… stated he followed conspiracy theories. There appears ample support in the record for the State's concerns. For example, … and a friend who was a judge "in Norfolk"; she had a "childhood friend that committed minor brushes with the law"; … thus unnecessary for the court to make the credibility determinations and fact findings necessary for resolution of …
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… same date, Defendants filed a motion in limine seeking a determination that the compensation received by the … are satisfied that the trial judge's findings of fact are supported by adequate, substantial, and credible evidence.” … they would be entitled to seek judicial review of that determination, just as they did here, and continue with the …
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… The motion judge concluded plaintiffs' expert opinion was "supported by his experience[] and is largely confirmed by … 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. (quoting Hanges, 202 …
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… THE TRIAL COURT IMPERMISSBLY RELIED ON ACQUITTED CONDUCT TO SUPPORT AGGRAVATING FACTORS. The State raises the following … whether those facts add up to probable cause— a legal determination. Cf. State v. Green, 346 N.J. Super. 87, 90-91 … incarcerated. The defendant is single and has four children. The defendant reportedly earned his GED in 2002. …
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… and a meritorious defense to plaintiff's claims. In support of the motion, Lisa submitted a 10 A-0308-22 … him. Lisa claimed she signed the certification filed in support of the first motion to vacate the judgment, which … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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… D. Parsons, Jr., a partner in Parsons and Nardelli, in support of the application. Parsons passed away prior to the … According to the court, 15 A-3210-14T2 [t]he ultimate determination of whether the order was violated is a decision … orders and subsequent orders and to make an honest, fair determination as to whether the order was violated by …
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… in a motion to suppress provided those 'findings are "supported by sufficient credible evidence in the record."'" … in the photo array identification procedure finds no support in the plain language of Rule 3:11(a). We also … See Burgos v. State, 222 N.J. 175, 203 (2015) ("We do not support interpretations that render statutory language as …
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… to his client SWJ. Blake urges us to reverse the judge's determination regarding standing, or alternatively, declare … I. We begin by reciting our standard of review. Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … sign of injury. Cassidy certified Shaw also reported his determination that plaintiff was under the influence of … or dismissal.'" N.E. ex rel. J.V. v. State Dep't of Children & Families, Div. of Youth & Family Servs., 449 N.J. …
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… search, we determine if the trial court’s findings were supported by evidence in the record and defer to the trial … the strength or weakness of the underlying probable cause determination. [State v. Laboo, 396 N.J. Super. 97, 104 (App. … and "the feel of the case," but make an independent determination of whether an injustice occurred. Dolson v. …
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… "screenshots of a particular delivery transaction."2 In support of its motion for leave to admit the exhibits, the … trial motion, addressing the factors pertinent to a determination of the request under the standard established in … U.S. 647, 652 (1992), and we will reverse a trial court's determination as to whether a defendant has been deprived of a …
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… his waistband provided sufficient requisite suspicion to support the stop and frisk that resulted in the discovery of … Suspicion That Defendant Was Armed And Dangerous To Support A Frisk. POINT II THE COURT VIOLATED DEFENDANT'S … evidence establishing the reasonable suspicion required to support the investigatory stop and pat down that led to the …
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… MID- TO UPPER-ECHELON DEALER WHERE THERE WAS NO EVIDENCE TO SUPPORT THAT OPINION. F. CONCLUSION. POINT III IT WAS … uphold those factual findings of the trial judge that are "supported by sufficient credible evidence in the record," … omitted).] Similarly, we find the record here does not support an application of the plain feel doctrine.9 9 …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of …