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njcourts.gov
… of healing." Dr. Okin then attempted to provide further support for his opinion, when he added, "Also, the mechanism … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … that Dr. Okin's net opinion testimony impacted the jury's determination of the critical issue in the case, a new trial …
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njcourts.gov
… judge rejected plaintiff's arguments, finding they were unsupported by the voluminous record. In doing so, the judge … Inc., 372 N.J. Super. 503, 505 n.1, (App. Div. 2004). A determination concerning "evident partiality can be decided … 86 N.J. at 191. The record supports the motion judge's determination that plaintiff failed to sustain her burden of …
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njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … not in error. Defendant also challenges the trial court's determination that the officers' discovery and seizure of the …
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njcourts.gov
… by the governing statutes regarding 2 Koncsol listed his children as the contingent beneficiaries for his pension … response to Koncsol's designation of beneficiary form in support of her claim that she was entitled to the survivor … we discern no basis for disturbing the Board's determination that appellant was not entitled to a survivor …
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njcourts.gov
… medical and hospital documentation defendant provided in support of his application for a new trial stated that he … and demeanor, but otherwise make our own independent determination of whether a miscarriage of justice occurred. … To the contrary, our review of the medical records supports the judge's conclusion that defendant's health did …
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njcourts.gov
… PCR petition, he was assigned counsel who filed a brief in support of defendant's petition. After reviewing the papers, … bandana wrapped around his face shooting at the woman and children. Although he saw the person, he did not recognize … 466 U.S. at 687, 694. In our review of a PCR court's determination, we defer to the court's factual findings, …
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njcourts.gov
… seeking reconsideration of the April 28, 2017 order. In support of that motion, the State filed three certifications … trial court also issued a written statement of reasons in support of its September 14, 2017 order. II. Claimants … Appellate courts grant "substantial deference" to a determination to vacate a judgment under Rule 4:50-1 and will …
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njcourts.gov
… waived when the party failed to include any arguments supporting the contention in its brief). The trial court … WAS UNCONSCIONABLE OR WAS ENTERED WITHOUT CONSENT WAS NOT SUPPORTED BY ADEQUATE FINDINGS OF FACT AS REQUIRED BY R. … v. Marinaro, 95 N.J. 380, 392 (1984)). "The trial court's determination under the rule warrants substantial deference, …
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njcourts.gov
… 82 N.J. 1, 18 (1980). Reviewing courts "will not upset a determination by the Commission in the absence of a showing … capricious or unreasonable, or that it lacked fair support in 8 A-0892-17T2 the evidence, or that it violated … as there was substantial credible evidence in the record to support the ALJ's and Commission's conclusion that he failed …
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njcourts.gov
… 6 A-1719-17T1 failed to provide any documentary evidence to support the assertion that the remediation costs were paid. … $250,000. Second, defendant argues that the judge's determination that the NFA letter satisfied the … than what was awarded. Our review of the trial court's determinations following a non-jury trial is a limited one. …
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njcourts.gov
… Appellant contends there was insufficient evidence to support the award, requiring its reversal. We affirm. While … evidence of a functional restriction of the body. The determination cannot rest upon the employee's "subjective … argues that the judge of compensation erred in his determination of permanent disability because he relied on …
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njcourts.gov
… POINT I: [DEFENDANT] IS NOT GUILTY OF REFUSAL. In support, she argues that her hearing impairment prevented … and gave deference to the municipal judge's credibility determinations. After weighing the evidence "de novo[,]" the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… POINT I OFFICERS LACKED SPECIFIC, ARTICULABLE FACTS SUPPORTING THEIR DECISION TO IMMEDIATELY FRISK [DEFENDANT] … for commitment. This appeal ensued. Our review of a determination of a motion to suppress evidence is limited, and … 222 N.J. at 266. 13 A-5130-17T4 We agree with the judge's determination that Ledet was not interrogating defendant. …
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njcourts.gov
… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … nothing arbitrary, capricious, or unreasonable about that determination. The Board was not required to accept the … arbitrary, capricious, or unreasonable in the Board's determination that, on balance, granting the variances would …
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njcourts.gov
… regarding its meaning. Where the policy language will support two interpretations, only one of which will support a finding of coverage, the court will choose the … restrictive than the phrase “arising out of”, this is not supported by the language of the insurance policy. The term …
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njcourts.gov
… unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 … is, again, signed by Zerella. The record before us fails to support defendant's allegation that Pancari undertook any … Zerella were partners, there is no evidence in the record supporting a theory that Pancari had access to any …
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njcourts.gov
… court," and we accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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njcourts.gov
… finding aggravating factors one and two: In this matter, supporting those factors, by the facts on this case, the … emphasis on two crimes and two attacks was central to its determination to impose consecutive sentences under Yarbough. … number three, the risk of re-offense. The court based its determination on defendant's record, including her "lack of …
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njcourts.gov
… only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … by reference to the existing record, and a 6 A-3201-15T3 determination that an evidentiary hearing is necessary to …
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njcourts.gov
… was reasonable under prevailing norms." The judge found no support in the record of unprofessional errors or that the … only upon the establishment of a prima facie case in support of post- conviction relief[.]" R. 3:22-10(b). "To … "We accord substantial deference to the discretionary determination resulting in the issuance of the warrant." State …