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… guessing at its meaning and application." In further support of this argument, Speedway contends that the State … be reinforced by "the existence of an 'emergency'" and a "determination that the industry regulated is 'affected [with] … Ports Petroleum Co., 916 S.W.2d at 755. In making its determination, the Court employed a test adopted by the …
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… FINDINGS ON A NEED FOR SPECIFIC DETERRENCE, THERE WAS NO SUPPORT FOR THE TRIAL COURT'S FINDING THAT THE SINGLE … See id. at ___ (slip op. at 34) (quoting R. 2:10-2). That determination will also need to be made in the first instance … and mitigating factors. We disagree. We review sentencing determinations under a deferential standard. State v. Grate, …
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… not be deported." In his October 13, 2017 affidavit in support of his petition, defendant asserted that he "would … undesirable uncertainty fostered by unlimited relitigation support the enforcement of a time bar on petitions." Ibid. … defendant that he was subject to mandatory deportation.3 In support of its claim that defendant's petition is time …
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… DRUG DEALING, WHICH EXPOSED THE VICTIM TO DANGER AND SUPPORTED DEFENDANT'S THIRD-PARTY GUILT DEFENSE. U.S. Const. … of a call by using the towers the calls connected to is supported by our case law. Additionally, O'Leary's testimony … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. See also Jenewicz, …
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… schedule. 9 A-2247-19 Appellants appealed the Board's determinations and again requested an administrative hearing. Appellants proffered evidence in support of their claim that they had been hired as … The next day, the Board issued four final administrative determinations denying appellants' applications for …
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… cannot be considered lawful as incident to his arrest. In support, he argues Lieutenant Harper did not in fact place … also argues Lieutenant Harper's comments provide further support that he believed he did not have probable cause to … belief that defendant was the suspect, and thus ostensibly supporting probable cause, are similarly not dispositive. …
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… an arbitrator's erroneous interpretation of the law did not support vacatur and suggested an arbitrator's manifest … entitlement to recovery of additional costs based on a determination defendant's interpretation of the contract terms … Cir. 2008)). "[I]t is clear that 'in making evidentiary determinations, an arbitrator need not follow all the niceties …
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… On November 12, 2019, Ana filed a certification in support of a further stay of eviction, stating she has "not … are not going to be cashed," the court did not make any determination as to whether all the rent due was paid as … 139 N.J. Super. 311, 313 (Law Div. 1976)). A court's determination under Rule 4:50-1 "warrants substantial …
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… result. Neither those cases nor the legislative history supports the reduction of statutorily prescribed limits when … minimum of $15,000 in medical expense benefit coverage." In support of their motion, plaintiffs relied on our decision … no-fault statutory scheme" by reinstituting judicial determinations of fault. Id. at 514. The Court explained that …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … . . . [W]e do not accord appellate deference to a judge's determinations upon the issuance of a telephonic warrant when those determinations lack the assurances of trustworthiness . . . we …
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… unless the court has abused its discretion, or its determination is based on a mistaken understanding of the … brief and relies on its brief and appendix filed in support of its motion for leave to appeal. Defendant … defendant's reciprocal discovery obligations was a legal determination and interpretation of law to which we owe no …
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… inheritance tax assessment. The Division issued its final determination that the full fair market value of the marital … Court discusses and finds inapposite the cases advanced in support of the argument that the property at issue here … as tenants by the entirety and conveyed by deed to their children while retaining the properties for life. 306 F.2d …
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… fifty-dollar bill. Holmes, who has known defendant since childhood, observed blood on his sneakers and t-shirt. After … 15 A-0413-16T4 The only evidence presented at trial to support defendant's theory that Nunez solely attacked S.L. … 21 A-0413-16T4 We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] …
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… . . . [and] committed professional malpractice . . . ." To support their counterclaim, defendants filed an Affidavit of … The trial court's interpretation of the AOM statute is supported by its plain language. The AOM statute requires … 216, 238-39 (2016) (permitting a dentist's affidavit to support allegations that an orthodontist negligently treated …
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… PCR counsel who filed a supplemental brief in further support of the petition. In addition to the arguments raised … and respecting the need for finality in judicial determinations. Ibid. (citation omitted). … and referenced the arguments made by trial counsel in support of and against certain mitigating factors and …
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… appeals from an April 25, 2016 judgment upholding the determination by defendant Borough of South River Zoning Board … 6, 2013, Lauritsen issued a Notice of Substantial Damage Determination to plaintiffs, indicating the Buildings must be … challenged the Board's decision, arguing it was not supported by substantial credible evidence, was arbitrary, …
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… indicate the appropriateness of that charge. The evidence supporting a lesser-included charge must “jump[] off the … may be circumstances in which the evidence adduced at trial supports a charge on assault as a lesser-included offense of … sifted through the record” 10 to piece together “an unsupported combination of facts and inferences it deemed …
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… appeal. He also filed a motion for bail pending appeal. In support of his request, defendant argued for the first time … to this appeal, and another for bail pending appeal. In support of his request, defendant argued for the first time … on the law’s plain language and legislative history for support, and claims that its reading of the statute is …
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… to address whether the evidence presented by plaintiff supports a consumer fraud claim against defendant bank, and, … of the check is prima facie evidence of payment." Ibid. To support her argument that the CFA can apply in the face of … its provisions. Plaintiff seizes on this language to support her argument that the CFA applies to her specific …
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… cannot be considered lawful as incident to his arrest. In support, he argues Lieutenant Harper did not in fact place … also argues Lieutenant Harper's comments provide further support that he believed he did not have probable cause to … belief that defendant was the suspect, and thus ostensibly supporting probable cause, are similarly not dispositive. …