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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… The judge rejected Wilson's claim that the conduct could support a claim of equitable tolling as a matter of law. … Massi issued an amplified written statement of reasons supporting summary judgment on April 29, 2016. In it, the … "just lay back, [and] let it play out," is insufficient to support such a claim. See Villalobos v. Fava, 342 N.J. …
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njcourts.gov
… N.J.S.A. 2C:35-7.1. The charges arose from the same facts supporting the accusation to which defendant previously … waived when the party failed to include any arguments supporting the contention in its brief). 7 A-5549-17T4 2(a), … court analysis, of course, will necessarily include a determination of whether any application by defendant's …
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njcourts.gov
… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced the trial judge's findings are fully supported by the record, including her finding that each of … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… and that there was insufficient credible evidence to support the adjudication, both as to the theft itself and … at the school. She explained the program permits "approved children" to report to a younger sibling's classroom at 2:40 … saw the document or filled out the papers" to authorize the children's participation in the sibling pick-up program. 5 …
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njcourts.gov
… Court-assigned PCR counsel filed an amended petition and supporting brief arguing defendant received ineffective … basis to a guilty plea, the trial court is not making a determination based on witness credibility or the feel of the … that . . . [the alleged violation] played a role in the determination of guilt.'" Ibid. [State v. Herrerra, 211 N.J. …
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njcourts.gov
… located on Route 9. The State presented three witnesses to support its position that the search and seizure was valid. … they entered the house to make sure that it was safe from children who lived next door. In a second floor bedroom, the … (1983). We first turn our attention to the trial judge's determination that defendant had no standing to challenge the …
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njcourts.gov
… 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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njcourts.gov
… make adequate findings of fact or appropriate credibility determinations. We disagree and affirm. I. We glean these … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 154 N.J. at 412). We defer to a trial judge's credibility determinations "because the trial judge 'hears the case, sees …
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njcourts.gov
… and will uphold those findings when they are 7 A-1157-22 supported by sufficient, credible evidence in the record. … Defendant contends that because the stop was not supported by a reasonable, articulable suspicion of a … of well-established law. Our examination of the record supports the trial court's findings of fact and conclusions …
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njcourts.gov
… orders, temporary suspension orders, and fee arbitration determinations (including restitution and disgorgement orders … to the required agencies (i) copies of the petition and all supporting documents redacted in accordance with R. 1:38, … Court may, on its own motion, decide to review any determination of the Attorney Regulatory Board. Either …
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njcourts.gov
… OF THE NEW JERSEY STATE PAROLE BOARD DENYING PAROLE WAS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD AND … behavior." N.J.A.C. 10A:71-3.21(d). In making that determination, the panel shall consider the same … the Board's well-reasoned final agency decision, which is supported by sufficient credible evidence. R. …
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njcourts.gov
… decedent, the Will granted his share to plaintiffs, his children, via a trust, since they were under the age of … and granted without appropriate consideration. A court's determination as to the applicability, or interpretation, of … actions were atrocious, there is no authority that supports a court order requiring defendants to pay …
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njcourts.gov
… will accrue month to month and be paid as the business can support such payment. Compensation has been accruing … that the trial court's decision constitutes a legal determination, we review it de novo." D'Agostino v. Maldonado, … relied upon be such as in its entirety fairly supports an implication of a promise to pay the debt …