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… their ancillary points because their resolution only supports our conclusion. Essentially, defendants argue that … and, more importantly, defendants' expert's opinion lacked support in the record. According to plaintiff, to A-3925-21 14 support the defense expert's estimated BAC of .159 or more, …
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… defendant did not provide any statutes or case law that supported a motion for a new trial. Finally, the judge found … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … facie case in support of post-conviction relief, [2] a determination by the court that there are material issues of …
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… The State Provided No Evidence to the Grand Jury that Could Support Accomplice Liability, Warranting Dismissal of the … State had not presented 10 A-2855-21 sufficient evidence to support an accomplice liability theory. In an order entered … grand jury's independence and improperly influence[s] its determination.'" State v. Bell, 241 N.J. 552, 561 (2020) …
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… are derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … top of her. The other employees present during the incident supported Tremmel's account. A-0359-14T4 8 stare at [her] as … we discern no basis for disturbing the trial judge's determination to dismiss plaintiff's complaint. Plaintiff …
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… for the appointment of second PCR counsel. 7 A-2742-21 In support of his allegations, defendant alleged that during … After defendant's conviction, he obtained new counsel. In support of a motion for a new trial, defendant's new counsel … which caused the court to make an inquiry of the juror. In support of this position, counsel argued 9 A-2742-21 that …
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… she knew his name. Pollock also recalled discussing his children and that he lived somewhere in Trenton. Pollock … capricious or unreasonable, or that it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, 482 … are plainly sufficient to support the Commission's determination that Pollock engaged in conduct unbecoming a …
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… I. We summarize plaintiffs' claim and the pertinent facts supported by the parties' Rule 4:46-2 statements, giving … and plaintiffs contend the absence of such evidence supports their claim it was "unsafe" for plaintiff to walk … expert's opinion, the court found "nothing" in the report "support[ed] a conclusion that unusual circumstances existed" …
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… with respect to the storage and management of vaccines for children. We affirm. I. Sless is a licensed pediatrician and … Contact the vaccine manufacturer to obtain documentation supporting the usability of the vaccine." These steps were … for corrective action. The agency informed her of its determination that she had: (1) Failed to undertake …
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… and plaintiff's failure to challenge the court's determination judgment should be entered in defendant's favor … Sav. Bank, S.L.A., 205 N.J. 150, 169 (2011)) ("Final determinations made by the trial court sitting in a non-jury … unless those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant[,] …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings 9 A-1399-22 are supported by sufficient credible evidence in the record.'" … warrantless entry of defendant's home. It argues the record supports the conclusion that this welfare check was "high …
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… on October 2, 2014; and P-4, as presented by Marjam in support of the claimed personal guaranty, was fabricated. … standard in reviewing factual findings and credibility determinations by a judge after a bench trial. Balducci v. … judge rendered detailed findings of fact and credibility determinations after listening to the trial testimony and …
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… defendant filed a cross-motion to compel arbitration. In support of the cross-motion, defendant's attorney submitted … whether a party waived its arbitration right is a legal determination subject to de novo review." Cole v. Jersey City … "Nonetheless, the factual findings underlying the waiver determination are entitled to deference and are subject to …
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… (Storley) Williams appeals from a November 18, 2021 final determination by the Board of Trustees of the Public … January 14, 2020, the PFRS Board confirmed the Division's determination and again denied petitioner's application for … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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… sentence that is, in part, the subject of this appeal. In support of his motion, defendant argued, "[t]he [t]rial … the court denied defendant's motion for ballistics testing supported by a written opinion. The court found defendant's … when "'a defendant has presented a prima facie [claim] in support of [PCR],'" meaning a "defendant must demonstrate a …
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… sentence that is, in part, the subject of this appeal. In support of his motion, defendant argued, "[t]he [t]rial … the court denied defendant's motion for ballistics testing supported by a written opinion. The court found defendant's … when "'a defendant has presented a prima facie [claim] in support of [PCR],'" meaning a "defendant must demonstrate a …
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… pay fifty percent of the cost of orthodontic care for the children.1 Having considered the record, the parties' … request because defendant does not challenge any other determination reflected in the order. See generally Drinker … Family Part's findings of fact when they 9 A-0814-22 are "supported by adequate, substantial, credible evidence." …
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… what it was. The judge ordered defendant to pay the monthly support retroactive to the date of breach. He awarded … Rule 4:50-1 and sought attorney's fees, we review those determinations for abuse of discretion. See Litton Indus., … ("The decision whether to vacate a judgment . . . is a determination left to the sound discretion of the trial court, …
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… is 'sufficient credible evidence . . . in the record' to support the 9 A-1946-21 trial court's findings." State v. … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious … the refusal sentence. Defendant has not cited case law to support her contentions regarding the order of adjudication …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank, 234 N.J. at … net opinion. The expert failed to indicate any objective support for his opinion that JMB's negligence was a …
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… on two evenings in August 2020 and September 2020. In support of its application, the requested variances, and … to enable members of the public to make "an informed determination" about whether to attend and participate in the … to be required within RD Lakewood's public notice. Our determination in that regard remains unchanged. RD Lakewood …