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… ## POINT II WHETHER THIS MATTER SHOULD BE STAYED PENDING DETERMINATION(S) REGARDING THE CONSTITUTIONALITY OF THE … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … observed defendant as nervous and confused, a factual determination made by the trial court, which is entitled to …
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… ha[d] not cited any decisional law on point that directly support[ed] its position." The Acting Commissioner rejected … Comm'n, 234 N.J. 150, 157 (2018), because an "agency's determination on the merits 'will be sustained unless there is … of a strictly legal issue." Ibid. (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 (2011) …
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… 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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… 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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… 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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… 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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… elements of comparison”). Market evidence must support any element of comparison that causes “value … method for extracting a per SF amount was objectively supported, and will be used only to adjust his comparable 4 … which increased the sale prices. Second, it is not supported by the unadjusted sale prices of the expert’s …
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… claim are: “(1) entry of a judgment or verdict; (2) determination of plaintiff's quantum of damages, and (3) the … because the Defendants have not pled facts necessary to support such a claim. Negligent infliction of emotional … because they have failed to plead the facts necessary to support such a claim. Conversion is defined as "an …
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… 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 …
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… light of a looming SEC investigation. This argument finds support in the errors Amir made on the signature page of the … the verdict, R. 4:40-2, we "'accept as true all evidence supporting the position of the party defending against the … not consider issues of witness credibility in making the determination. Rena, supra, 310 N.J. Super. at 311. Here, …
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… by her home multiple times. Plaintiff's testimony was supported by video evidence obtained from a surveillance … acts of domestic violence. We are satisfied Judge Stacy's determination that defendant's actions that night, which … required to establish a course of conduct, rather this determination must be made on a "case-by-case basis"). …
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… 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 …
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… contacts with New Jersey. In their memorandum of law supporting the motion to dismiss, defendants made specific … on notice"). Although defendants' memorandum of law in support of the motion only raised personal jurisdiction … original jurisdiction as is necessary to complete the determination of any matter on review." R. 2:10-5. The purpose …
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… was in violation of the tinted window statute." For support, the judge relied on "[t]he photographs introduced … factual findings" and uphold them so long as they are supported by "sufficient credible evidence in the record." … concluded that N.J.S.A. 39:3-75.1 and 39:3-75.2 did not support the stop at issue. Ibid. Those provisions are …
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… of interest and the medical examiner's testimony as supporting his ineffective assistance of counsel (IAC) … defense counsel testified that Sharrod's sworn statement in support of defendant's PCR petition indicated that he was … We should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
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… 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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… 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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… 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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… of their property and their property rights; provisions for children, if applicable; maintenance of the spouse, if … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … no credible evidence within the four corners of the MSA to support her contention that the waiver clause did not apply …
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… court's factual and credibility findings provided they are supported by sufficient credible evidence in the record. … on privacy. But reliance on privacy concerns that support that prohibition is misplaced when the inquiry … at 101. We part company, however, with the motion judge's determination that because probable cause was not spontaneous …