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… of the property. They also contended that the verdict was supported by the evidence. In a detailed and well-reasoned … see also N.J.R.E. 703. An expert's bare opinion that has no support in factual evidence or similar data is a net … opinion rule does not "mandate that an expert organize or support an opinion in a particular manner that opposing …
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… as search is incident to arrest are . . . admissible." In support of its decision the court found that Sergeant … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … test requires the court to make a practical, common sense determination whether, given all of the circumstances, "there …
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… filed a motion to extend discovery. In a certification in support of the motion, plaintiff's counsel stated he might … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … 38 N.J. 435, 445 (1962)). We find no error in the judge's determination that a spoliation charge was unwarranted. Having …
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… record. Defendant resided with his girlfriend and her two children in an apartment in Wall Township. On the evening of … to represent defendant and filed an amended petition and supporting brief asserting: (1) plea counsel was ineffective … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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… April 13, 2015, defendant filed another petition for PCR, supported by a DNA, serology, and criminalistics expert. He … crime scene. He further contended that his innocence was supported by the absence of semen in vaginal swabs from the … and when the error complained of "played a role in the determination of guilt." State v. Mitchell, 126 N.J. 565, 580 …
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… I. The parties married in June 2007. They have two children together. Plaintiff filed for divorce in November … defendant. Rendering an oral decision on the record in support of the FRO, the judge found defendant lacked a … forth in [N.J.S.A. 2C:25-19(a)] has occurred." Ibid. This determination is made "in light of the previous history of …
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… Even if the jury had believed the lost notebook would have supported Yun's claim, the jury still had a reasonable … the malicious prosecution verdict was 15 A-5299-17T2 supported by the fact that although plaintiffs reported the … that the court must accept as true all the evidence which supports the party defending against the motion and must …
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… have been necessary. But the State's theory of the case, supported by the video, was that defendant himself … error. He relies upon State v. Rhett, 127 N.J. 3 (1992), in support of his position. There, the Supreme Court reversed a … The mere presence of a threatened bystander does not support a separate robbery charge for that bystander. See …
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… clue[,]" and that they wasted their time coming to court to support him. He referenced two songs while sentencing … ma'am. [A reference to the victim's wife who had spoken in support of her husband.] I'm sorry for the circumstances. … a defendant's criminal history can be used to support both the extended term decision and the weight …
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… UPON A PARTIAL DNA PROFILE WITH "LOW[-]LEVEL" RESULTS, AND SUPPORTED BY A STATISTICAL ANALYSIS[,] WHICH ASSUMED THAT … into evidence of an expert's conclusions that are not supported by factual evidence or other data." State v. … her conclusions. In other words, the underlying facts supporting Ghannam's one-in-eighteen RPM were fully exposed, …
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… experience training in education . . . and [in] supervising children in class." The judge also found that the common … administrators in New Jersey have a duty to supervise children in their facilities. Jerkins v. Anderson, 191 N.J. … of care for the specific claims asserted in this case. In support of her arguments on appeal, plaintiff cites Jerkins, …
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… plaintiffs' claim. None of the defendants' briefs in support of their summary judgment motions appears in the … the motion judge to make factual findings that are supported by the record and explain legal conclusions in a … Morristown Assocs. v. Grant Oil Co., 220 N.J. 360 (2015), supports plaintiffs' position. In Morristown Associates, the …
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… "The motion for disqualification must state the reasons supporting the moving party's position, [R. 1:12-2], and … should accept a trial court's findings of fact that are supported by substantial credible evidence. Deference to a … his in-court testimony). The trial court's findings must be supported by a residuum of legally competent evidence. …
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… 1 Because they share a surname, we refer to the decedents' children by their first names for clarity and to avoid … objected to the argument, noting it 6 A-4528-19 was not supported by any record evidence. The court sustained the … fees incurred by Hoyle. 8 A-4528-19 any part of its determination of the exceptions filed by Paul, reflects an …
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… the same reasons as our colleagues, we vacate the determination and remand for further proceedings. Coppola's … 7 A-3787-19 loss of recreation privileges. In making his determination, the hearing officer noted: 1. [Coppola] was … [six] findings, in addition to the evidence noted above, support that [Coppola] encouraged others to riot. A …
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… SEEKS TO PRESENT EVIDENCE OF HIS REHABILITATION IN SUPPORT OF HIS MOTION TO CORRECT AN ILLEGAL SENTENCE. We … Carter, 85 N.J. at 314). Defendant's certification in support of his motion for a new trial alleged he was … when he was sentenced. He had been employed and had three children, one of whom resided with him. Tiggs I, slip op. at …
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… 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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… concluded her "conspicuous absence from the trial . . . support[ed the] . . . conclusion that she . . . act[ed] as … and there is no "credible evidence in the record to support a valid reason for Zhi's non-performance." With … or legal conclusions unless they are so manifestly unsupported by the competent, relevant evidence that …
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… 'he must assert the facts that would have been revealed, supported by affidavits or certifications based upon the … in which he testified, his bias in favor of defendant, his childhood friend, and the convenience of naming a … cross-examination and an opportunity to make credibility determinations." Herrera v. Collins, 506 U.S. 390, 417 (1993). …
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… that plaintiff failed to plead sufficient credible facts to support a finding that defendant violated N.J.S.A. … governing this appeal. "Judicial review of agency determinations is limited." Allstars Auto 9 A-1445-23 Grp., … to gender identity education as "a sick war on our children" that "we have the power to stop." Id. at 2-4. …