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njcourts.gov
… reassured him no further action would be taken until such determination was made. Ultimately, he never learned whether … decision in its entirety, including her credibility determinations. Regarding Batten's claim that the ALJ … examined witnesses, the Commission concluded: the ALJ amply supported her determination that [Batten] was not credible. …
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njcourts.gov
… the Matter for Reconsideration. We consider the court's determination that the warrantless search of defendant and … trial court on a suppression motion if "those findings are 'supported by sufficient credible evidence in the record.'" … requires the court to make a practical, common sense determination whether, given all of the circumstances, 'there …
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njcourts.gov
… plaintiff's other arguments. This appeal followed. Amici support and join in the arguments raised by Rahway, and urge … This standard requires a municipality to support its determination an area would benefit from being a SID and … the SID is noncontiguous is its exclusions. The court's determination a SID must be contiguous was erroneous because …
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njcourts.gov
… (citing State v. Nwobu, 139 N.J. 236, 246 (1995)). A determination whether to admit a defendant is "'primarily … rendered a written decision, reversing the prosecutor's determination and admitting defendant into PTI. Although the … to her arrest, and "aspire[d] to a bright future[.]" 5 In support of this conclusion, the judge cited State v. …
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njcourts.gov
… to dismiss plaintiff's complaint, which relief Edward also supported. Following oral argument on the motions, Judge … to which Quality was entitled, Judge Moore began with a determination of the lodestar. He evaluated the fees charged … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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njcourts.gov
… of misidentification. Finding no basis to disturb these determinations, we affirm. I. In State v. Henderson, 208 N.J. … the motion judge's factual findings as long as they are supported by sufficient credible evidence in the record. … ends when a trial court's factual findings are not supported by sufficient credible evidence in the record." …
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njcourts.gov
… documents, photographs, or other evidence was proffered to support plaintiffs' claim. On cross-examination, the court … prejudice. This appeal followed. II. We note that factual determinations "made by the trial court sitting in a non-jury … believing him completely." The record supports that determination, and we find no reversible error, especially …
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njcourts.gov
… expert report in its written opinion, stating, "[i]n support of its argument, Plaintiff is certain to cite to the … party[,]" and "accept as true all the evidence which supports the position of the party defending against the … of the pothole and the length of time that it existed. To support his argument, [p]laintiff cites to Chatman and …
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njcourts.gov
… is deferential to a PCR court 's factual findings which are supported by sufficient credible evidence. State v. Gideon, … defendant usually needs a hearing to establish a record to support his claim of ineffective assistance of counsel. … an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material …
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A-65-24 Amicus Curiae Brief
Briefs
njcourts.gov
… Jersey, respectfully submits this brief as amicus curiae in support of the position advanced by plaintiffs/petitioner, … increase the likelihood of injury. Importantly, the determination of whether a landowner's conduct increased the … had a reasonable time to act, are fact-sensitive determinations properly left to the jury. If the Court found …
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njcourts.gov
… certifications. Counsel submitted a brief and appendix in support of defendant's petition. On November 15, 2022, the … when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … abuse, mental illness and domestic violence throughout his childhood." The sentencing judge expressly referred to the …
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njcourts.gov
… with the behavior of an armed person. Based on that determination, the officers decided to stop defendant to … young age, potential for rehabilitation, family support, self-protection motivation, and evidentiary … factor ten, the court "agree[d] with the State's determination that the aggravating factors substantially …
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njcourts.gov
… judge asked defense counsel to articulate the arguments in support of disqualification. Defense counsel asserted Rule … action. We reject these arguments. 10 A-1503-23 "[A] determination of whether counsel should be disqualified is, as … order. Our scope of review of a protective order determination is deferential. State v. Ramirez, 252 N.J. 277, …
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njcourts.gov
… judge found plaintiffs failed to proffer any witnesses in support of this argument. Judge Zazzali-Hogan further … noises, unpleasant smells, and increased traffic. "Final determinations made by the trial court sitting in a non-jury … Super. at 433. We defer to Judge Zazzali-Hogan's factual determination that Gigi's and the prior business …
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njcourts.gov
… reasons or identify the authorities she relied upon in support of her order. Id. at 3, 9. 4 A-0995-23 The initial … for summary judgment. In their Rule 4:46-2 statement in support of their motion for summary judgment, plaintiffs … de novo, owing no deference to the trial court's legal determinations. McGovern, 211 N.J. at 108. N.J.S.A. 15A:6-4(a) …
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njcourts.gov
… 7 A-3744-22 credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious … and conclude there is sufficient credible evidence in it to support the Law Division's finding that Officer Pittius had …
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njcourts.gov
… and presented oral arguments before this court. The amici supported the constitutionality of the amended statute. … tax challenges. Amicus New Jersey Hospital Association supports defendants' position, asserting third-party appeals … is necessary. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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njcourts.gov
… College (College) appeals from the April 28, 2023, final determination of the Public Employment Relations Commission … should be sent to [PERC] for a scope of negotiations determination. Given [the College's] failure to file a scope … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated a legislative …
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njcourts.gov
… their testimony was consistent with each other and "was supported and corroborated based on the timeline and how … Accordingly, we discern no basis to reject the judge's determination that DJD acted with actual authority on … entirely on generic, conclusory language to justify its determination." This argument fails . "Appellate courts should …
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njcourts.gov
… trial court to consider: (1) counsel's certification, in support of the motions to withdraw, that the attorney client … defendant has presented a 12 A-3006-22 prima facie claim in support of [PCR]." Id. at 462. "[C]ourts should view the … merely because he filed a motion to withdraw, has no support under our rules or case law. Moreover, defendant's …