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njcourts.gov
… not per se irrelevant to reliability and probable cause determinations and therefore, the court should have first … if anything[,] was recovered." Defendant's motion was supported by a report authored by an expert in canine … only where "the court has abused its discretion, or its determination is based on a mistaken understanding of the …
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njcourts.gov
… the right potential issues." The judge found no evidence to support defendant's claim he was coerced into entering the … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assistance of counsel." Ibid. He must provide facts to support his allegations. Ibid. This is because there is a …
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njcourts.gov
… 2022, plaintiff moved to extend discovery. In her brief in support of the motion, plaintiff argued "defendant has … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … summary judgment was subject to the presiding judge's determination regarding reopening discovery. Plaintiff's …
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njcourts.gov
… unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … factor that history into [his or her] reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare … from a history between the parties, that finding must be supported by some evidence that the actor's conscious object …
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njcourts.gov
… 338 (App. Div. 1998), where we overturned the Board's determination that the petitioner's application for ordinary … Appellate review of an administrative final agency determination must "engage in a careful and principled … capricious, or unreasonable, or that it lacks fair support in the record," Russo, 206 N.J. at 27 (quoting …
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njcourts.gov
… where society draws the line for many purposes between childhood and adulthood.'" 249 N.J. 581, 600 n.10 (2022) … defendant argues his application was not time-barred. To support his argument before the motion judge, defendant … her coat, and escaped in the Gray Acura. These facts would support a first-degree robbery charge regardless of whether …
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njcourts.gov
… judgment. Our review of the record and the applicable law support Franchini's arguments. As to the parties' … violation against a particular party does not preclude a determination that the party nevertheless was subject to" and … 96 N.J. 538, 544 (1984))). B. Breach of Duty Given our determination that March Associates owed Franchini a duty of …
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njcourts.gov
… dismissal and restore the matter to the trial calendar. In support of the motion, plaintiffs submitted certifications … Defendants submitted an affidavit from their attorney in support of the motion and argued that plaintiffs had … principles. Little, 135 N.J. at 283. The trial court's determination is entitled to substantial deference and will …
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njcourts.gov
… judge issued an order finding defendant guilty. In a supporting written decision, the judge rejected defendant's … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." Id. at 148 (omission in … "However, where issues on appeal turn on purely legal determinations, our review is plenary," Monaco, 444 N.J. …
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A-16-24 Reply Brief
Briefs
njcourts.gov
… AUG 2 2 2024 SUPREME COURT OF NEW JERSEY REPLY BRIEF IN SUPPORT OF PETITION FOR CERTIFICATION • • • • • • • • • • … Clarify The Impact Of Cedar Point And Horne Which Clearly Support A Finding That The Mandates Of The Take All Comers … Clarify The Impact Of Cedar Point And Horne Which Clearly Support A Finding That The Mandates Of The Take All Comers …
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njcourts.gov
… the totality of the circumstances, the facts . . . support[ed] a finding of reasonable and articulable … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … activity, we 13 A-3808-21 cannot make an independent determination of whether that conclusion was reasonable." …
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njcourts.gov
… stupor and then transported her along with their two children to the hospital where she was treated and recovered … agreement called for a maximum sentence of nine years. In support, defense counsel told the judge that he had spoken … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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njcourts.gov
… issue also noted, [m]oreover[,] there was ample evidence to support the defendant's convictions. Further, the court … claims if a defendant has presented a prima facie claim in support of" PCR. Preciose, 129 N.J. at 459. "[C]ourts should … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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njcourts.gov
… that the copy of the March 1, 2023 amendment submitted in support of Sunnova's motion does not contain an arbitration … appeal followed. Plaintiffs argue: (1) the record does not support the trial court's finding plaintiffs assented to … Because these disputed issues of fact are germane to the determination of whether plaintiffs assented to the …
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njcourts.gov
… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … the defense was not precluded from presenting evidence to support self-defense. Indeed, [defendant] testified as to … of events." Judge Deitch concluded the facts did not support a self-defense charge, reasoning: PCR counsel relies …
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njcourts.gov
… High Sch. Dist., 241 N.J. 31, 40 (2020). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … stating: Here, we find the record presented does not support a conclusion that lieutenants have authority to …
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njcourts.gov
… defendant's contention that such a challenge would have supported his claim that he tried to sell the victim … (1964) (citation omitted), as long as those findings "are supported by sufficient credible evidence in the record," … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … CDS from the four5 armed officers. Nothing in the record supports any such speculation. In Witt, Justice Albin, …
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njcourts.gov
… (requiring facts asserted in briefs on appeal be "supported by references to the appendix and transcript."). … "[had] not raised any legal and cognizable arguments in support of the motion for reconsideration that were not … recusal motion, the judge found Ezekwo's representations in support of her motion "bewildering, conspiratorial, and …
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njcourts.gov
… images to maintain his memory. 7 A-0258-19 Other testimony supported the identification of defendant. The mother of defendant's children testified she owned a tan-colored Oldsmobile SUV … on this point. We find no error in the trial court's determinations on this point. 12 A-0258-19 II. Defendant next …