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… asserts defendant failed to identify any legal basis to support a claim that a suppression motion would have been … a petition "upon the establishment of a prima facie case in support of post-conviction relief." R. 3:22-10(b). "A prima … Defendant fails to cite to any facts or caselaw to support the argument trial counsel should have filed a 13 …
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… "unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence … R. 2:11-3(e)(1)(E). Defendant acknowledges no authority supports his argument that a California penal statute5 …
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… to the cross-motion. Defendant argues three main points in support of her motion for summary judgment: that (1) the … and was uninsured. Plaintiffs argue four main points in support of their cross-motion for summary judgment and in … “[t]he benefit of all inferences that those facts support.” Baird v. Am. Med. Optics, 155 N.J. 54, 58, 713 …
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… property was sold at a loss was 3 irrelevant to provide any support for the market value of the subject property. The … evidence…must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. Here, the plaintiff presented some …
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… for the moral and mental improvement of men, women, and children at 718 Baltic Ave Atlantic City, NJ 08401 under the … it is but one factor which merits consideration in the determination whether property is being used for charitable … by plaintiff. However, such circumstances must be fully supported by competent evidence to determine whether the …
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… specific bequests were made to all three of decedent’s children, while the only bequest made to Plaintiff was a … finding that the election is necessary to provide adequate support of the surviving spouse during her probable life … is also evidence that would indicate Decedent intended his children to receive his one-half interest, which would …
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… dismiss, KVK must show a sufficient legal relationship to support its duty to indemnify. . . . . Here, KVK argues that … product and nothing more. Nothing in KVK's cross- claim supports that there's a sufficient legal relationship here … in not permitting an amendment or discovery to support such a relationship. Lastly, plaintiffs argue the …
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… SINCE THE COURT PREMISED THIS RULING ON THE INCORRECT AND UNSUPPORTED SUPPOSITION THAT PETITIONER'S IMMIGRATION STATUS … REGARDING COUNSEL'S DECISIONS AND CONDUCT THAT ARE NOT SUPPORTED BY THE RECORD OR BY ANY OTHER EVIDENCE, THUS … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… ownership of the weapon, "his [g]odmother would lose her children . . . to protective services." He also claimed plea … found: [Defendant] does not provide any facts which would support a conclusion that he was misadvised by his attorney … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… of law and dismissed the indictment with prejudice. In support of her decision, the trial judge relied on State v. … 4 A-0163-17T1 as part of a sentence. The judge also found support for her ruling in the legislative history of … the legislative history of N.J.S.A. 2C:40-22 does not support the trial judge's analysis and ultimate conclusion. …
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… attempt to color this event as a "bar outing" is not supported by the facts. While there was testimony indicating … as to whether Caroselli was visibly intoxicated." In support this claim, plaintiff relies on 7 A-0252-17T3 her … had been drinking, but submitted insufficient evidence to support a claim of visible intoxication. Thus, we affirm the …
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… and continued a litigation knowing that there was no supporting evidence to support a defense." He requested defendant "not oppose … his motion for sanctions against defendant. We review a determination brought pursuant to Rule 1:4-8 under the abuse …
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… testimony from Dr. Marta Pek Scott and Dr. Paul Dudek to support E.D.'s continued commitment. In opposition, E.D. … affirm. "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … "an appellate court should not modify a trial court's determination either to commit or release an individual unless …
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… to prove or disprove any fact of consequence to the determination of the action.'" State v. Hernandez, 225 N.J. … of the officers. However, there is no testimony or evidence supporting defendant's 10 A-3281-16T4 speculation. There is … for resentencing. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
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… namely: "[I]f, accepting as true all the evidence which supports the position of the party defending against the … credibility and failed to accept as true all evidence that supported plaintiff's claim that defendant acted … causing the injury sued upon is not alone sufficient to support a finding of negligence. Ibid. 12 A-1633-16T4 Here, …
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… on appeal. Ibid. The Director raises two arguments in support of its motion for relief. First, the Director … its federal income tax, provided however, that in the determination of such entire net income, . . . . (2) Entire … in the amount claimed, plus interest, was in error. In support of this contention, the Director points to page 17, …
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… State v. Carter, 85 N.J. 300, 314 (1981)). The record supports the trial court's determination that a new trial was not warranted based on … getting a reduced sentence for the drug offense. The record supports the court's decision that the JOC and plea …
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… further evaluation of the evidence to make an independent determination of value. The market approach (or using … elements of comparison”). Market evidence must support any element of comparison that causes “value … researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … were disingenuous and misleading. That conclusion has ample support in the record, and we do not second-guess it. … evidence in the record to support the trial court's determination that defendant did not authorize the …
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… G. Donahue, of counsel and on the briefs). Gita F. Rothschild argued the cause for respondent (McCarter & English, LLP, attorneys; Gita F. Rothschild, of counsel and on the brief; Ryan Richman, on the … of the incident table are located in line with the frame support of the table, near the center of each side of the …