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njcourts.gov
… factual findings generally are "binding on appeal when supported by adequate, substantial, credible evidence." … to unconscionability. Delta Funding, 189 N.J. at 39. That determination is fact-sensitive and made on a case-by-case … (reviewing courts shall adopt a trial court's factual determinations when "supported by adequate, substantial and …
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njcourts.gov
… arbitrary, capricious, and unreasonable, and is otherwise unsupported by the evidence.1 1 In a related action in lieu of … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … than six feet in height, constructed so as to keep out children and trespassers. Such buildings and enclosures …
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njcourts.gov
… found that application of 3 Defendant's certification in support of his petition was not filed until January 14, … "must show that the error 'played a role in the determination of guilt.'" Id. at 547 (internal quotations … of his convictions. We also agree with the trial court's determination that application of the bar in Rule 3:22-4(a) to …
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njcourts.gov
… the scope of the planned robbery. The State's theory supporting the conspiracy to commit murder charge, as urged … later told him "we were always going to kill him," to support the State's theory that defendant intended to murder … had no choice. They had to kill him. The evidence does not support defendant's contention that the theft and murder …
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njcourts.gov
… her intractable heroin addiction and her need for money to support her ten- to twenty-bag per day supply of the drug. … cites several incidents that occurred during trial in support of his overarching claim that he was denied a fair … defendant said he was the sole support for his wife and children. However, that alone did not demonstrate …
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njcourts.gov
… the facts from the certifications presented by C.P.M. in support of his petition. C.P.M. began dating Stephanie in … time period of the offenses was the "nexus" permitting a determination that the two incidents were closely related in … patterns. The State disputes that the statute directs a determination as to why the crimes were committed. If this …
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njcourts.gov
… assertions" of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. … an evidentiary hearing. The Supreme Court overturned that determination. Among other things, the Court in Porter … accounts was required. We reach a different procedural determination as to the affidavits of Shameek Brown, Oreander …
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njcourts.gov
… Scarborough Serenity House (RSS House) provides housing and support services to those recovering from drug and alcohol … a limited number of staff members at RSS House who provide supportive services, such as driving residents to meetings, … by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Norfolk S. Ry. Co. …
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njcourts.gov
… Nevertheless, in a certification he submitted in support of his motion to vacate the October 19, 2016 … 95 N.J. 380, 393 (1984)). Accordingly, a "trial court's determination under [Rule 4:50-1] warrants substantial … the prejudice that would accrue to the other party"). Our determination on this point is further bolstered by our …
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njcourts.gov
… The Kolarsicks and Kenneys did not appeal the Board's determination, and the Kolarsick's did not purchase the … and unreasonable. The court found that variance determinations adhere to the property and are not personal to … of the second application on the merits. Case law supports a contrary conclusion. For example, in Russell, 31 …
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njcourts.gov
… Only then -- with the results of this follow-up analysis supported by a chain of custody -- will the State’s proof of … The rule essentially requires a court to make two determinations: (1) whether “the physical characteristics … otherwise obtained. The Appellate Division affirmed that determination. In light of the federal and state requirements …
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njcourts.gov
… important to note that the proofs presented by plaintiff in support of summary judgment were inadequate. In Ford, supra, we explained that "[a] certification will support the grant of summary judgment only if the material … based on personal knowledge." Id. at 600. A-4925-09T3 18 In support of its motion for summary judgment, Deutsche Bank …
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njcourts.gov
… N.J.A.C. 10A:4-9.24; the documents Clark submitted in support of his administrative appeal; and the subsequent … 300 days loss of commutation time. The hearing officer's determination and sanction were upheld on administrative … under the Double Jeopardy Clause. Their reasoning supports our conclusion here, although in neither did we …
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njcourts.gov
… former Wood-Ridge Church members to provide spiritual support after their church closed. Pastor Weddington also … There, the decedent left property in a trust to her "grandchildren." Id. at 154. The trustee sought a declaratory … no reason to take issue with Judge LaConte's credibility determination that it was Stumm's probable intent that a local …
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njcourts.gov
… a trial court's denial of a mistrial motion and its determination that its instruction cured any potential … we deferentially review the trial court's relevance determinations for an abuse of discretion. See Green v. N.J. … is sufficient 14 A-1868-16T3 evidence in the record to support the court's decision. State v. Roth, 95 N.J. 334, …
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njcourts.gov
… he left the scene of a single accident, which would only support a conviction for one offense regardless of the … involves "a purely legal question, . . . we review that determination de novo." Ibid. (citing State v. Cagno, 211 N.J. … v. Penn, 183 N.J. 477, 492 (2005)). In making this determination, we begin by examining the statute's plain …
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njcourts.gov
… "policy will be excess over [ExamWorks's] policy." In support of its request for coverage, plaintiff relied on … enter summary judgment in defendant's favor. The court's determination on reconsideration—that plaintiff is not … 242, 252 (1986)). This court reviews the trial court's determination of legal issues de novo. Globe Motor Co. v. …
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njcourts.gov
… of deference, the court found ample evidence in the record supports the Board's grant of the variances and its 10 A-3839-16T1 determination that the approvals will not cause substantial … agencies involved." Kramer, 45 N.J. at 296-97. That said, determinations on questions of law in land use matters do not …
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njcourts.gov
… judge had read the sentencing memo as well as letters in support from family members and friends, and asked if there … claims of ineffective assistance were bald assertions unsupported by the record, and defendant provided no proof of … counsel neglected to review discovery with him, was unsupported by the record as defendant had multiple …
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njcourts.gov
… (collectively, the Association) appeal from a final determination of the Acting Commissioner of the New Jersey … filed an administrative appeal challenging the DEP's LOI determination. The DEP referred the administrative appeals to … The ALJ concluded that the DEP's LOI determination was supported by the record, and the conditions the DEP imposed …