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njcourts.gov
… 455 N.J. Super. at 398, and we will not disturb its determination "unless [PERC's] decision is shown to be arbitrary, capricious, or unreasonable, lacking fair support in the evidence, or violative of a legislative … PERC. Although the preferred procedure is to seek a scope determination from PERC before attending arbitration, a party …
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njcourts.gov
… influence 8 A-0409-24 of alcohol or . . . something." To support his conclusion, Callan explained defendant "was so … appeal, the State did not assert the stop was otherwise supported by the attenuation doctrine or police thought the … States v. Sokolow, 490 U.S. 1, 7 (1989)). 14 A-0409-24 "A determination of reasonable suspicion is fact-sensitive." …
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A-64-24 Answering Brief
Briefs
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… P.J.A.D. Hon. Lisa A. Puglisi, J.A.D. AMENDED BRIEF IN SUPPORT OF DEFENDANT-RESPONDENT NIRAV PATEL Galantucci & … April 10, 2023 due to a juror, a Deputy Attorney General, support staff, and defense counsel contracting COVID-19. On … relied upon the trial court’s analysis in making its determination. (Ma11-Ma12).2 2 In its brief, the State …
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A-64-24 Appellant Response to Amicus Brief
Briefs
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… no New Jersey case law—or case law in any jurisdiction—to support such a test. And there are good reasons why courts … decisis factors. For another, the ACLU’s approach lacks support from case law across the country, and for good … the State is asking this Court to hold that the ultimate determination of the truthfulness of the evidence must be …
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njcourts.gov
… testimony at an evidentiary hearing will be upheld when supported by sufficient credible evidence in the record. … Court held that show-ups are "inherently suggestive," to support his contention that plea counsel's failure 10 … of reasonable professional assistance. 208 N.J. at 259. In support of this argument, defendant points to: (1) an …
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njcourts.gov
… evaluation, 4 A-3324-23 defendant reported an abusive childhood, including sexual abuse by her father, and she had … diagnosis if proffered through an expert report, would have supported a viable defense and argument for the application … point for our consideration. THE PCR JUDGE ERRED IN ITS DETERMINATION THAT TRIAL AND APPELLATE COUNSEL DID NOT PROVIDE …
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njcourts.gov
… for the moral and mental improvement of men, women and children, provided that if any portion of a building used … opined Grove Hall "operat[ed] as a bed and breakfast to support [plaintiff's] programs at the Great Auditorium." … improvement clause, the judge found the record evidence supported the conclusion that "[p]laintiff's object and …
njcourts.gov
… the court's decision, outlining the court's credibility determinations and plaintiff's burden of proof. While it … payments were reversed. Defendant subsequently argued in support of a "counterclaim" for its legal fees associated … [of fact] by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
njcourts.gov
… the court entered an order denying defendant's motion supported by an oral opinion. It determined the motion was "procedurally deficient" because defendant provided the supporting documents 6 A-0310-24 for the first time at oral … appear. There is no basis for us to disturb the court's determination. 9 A-0310-24 We are not persuaded by defendant's …
njcourts.gov
… entry of an Order granting tax exemption to the Subject. In support of the motion, GNJUMC’s Chief Financial … Statement, and (b) without discovery exchange, “substantial support . . . for the claims made” or testimony, GNJUMC’s … the” provisions of N.J.S.A. 54:4-63.26 et seq., “does not support imposition of an assessment in a tax year other than …
njcourts.gov
… . . . . [T]here is no evidence that [defendant's] determination that these caps would be inspected every two to … of pure conjecture or speculation and instead must be supported by competent proof in the record. Buckelew v. … 217 N.J. 199, 212 (2014) ("Foreseeability requires a determination of whether the defendant was reasonably able to …
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … Accordingly, we "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … contention misapprehends the plain-view doctrine and has no support in the record. Defendant's arrest in the courtyard …
njcourts.gov
… and died shortly after defendants removed her from life-supporting devices. Plaintiff Jermaine Spence (Wright's … objections to the declaration of death and removal of life support; (3) defendants' actions resulted in Wright's … argued the religious objection to the withdrawal of life support, allegedly in violation of the Act, was the basis …
njcourts.gov
… whatever medical reports and other evidence submitted in support of and in opposition to the motion, that the … injury or condition. Therefore, plaintiff was required to support her claim with a so-called Polk analysis in which a … reports. Thus, she failed to produce the required medical support for her 11 A-3828-22 aggravation claim. The court's …
njcourts.gov
… to a physical altercation in the presence of their three children. Both witnesses testified the other was the … hit them, which allowed him to escape to another room. To support this testimony defendant offered two exhibits: a … and lack of photos of the injury did not weigh into his determination of her credibility. The judge mentioned his …
njcourts.gov
… acknowledged that defendant "did have a very difficult childhood" and he "lost [his] parents at a young age and in … defendant they represent to present "mitigating evidence in support of a lesser sentence" and failure to honor that … mitigating factors. Defendant further contends that because support for this argument is dependent on evidence outside …
njcourts.gov
… retained counsel who filed a supplemental brief in support of the petition. Defendant argued trial counsel was … 1, 2022, entered an order denying defendant's petition supported by a written decision. The court found defendant … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… his role as the Township's and the Department's attorney in support of a motion to dismiss several counts of a complaint … The Complaint Failed To Provide The Essential/Proper Facts Supporting The Arrest For Disorderly Conduct And Thus Failed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & … (2) whether there was substantial evidence in the record to support the agency's decision; and (3) whether in applying … sufficient evidence in the record to support the CRC's determination. Additionally, because the CRC's decision was …
njcourts.gov
… N.J. Super. 357, 367 (App. Div. 2012)). We disturb fee determinations "only on the rarest of occasions, and then only … or state civil rights statute, law, rule, or other basis to support a claim for counsel fees. Even plaintiff's discovery … of Mine Hill, 244 N.J. Super. 298, 299 (App. Div. 1990), in support of her entitlement to attorney's fees. However, that …