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… of marijuana was unforeseen and spontaneous[,] . . . as supported by Sergeant Webb's 9 A-1876-20 testimony that this … trial court's findings on a suppression motion if they are supported by "sufficient credible evidence in the record." … Probable cause "requires 'a practical, common sense determination whether, given all of the circumstances, there …
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… of two accounts, the Family Trust Account wherein her three children were beneficiaries, and a Unified Trust for Minors … precluded from recovery where the proof which he offers in support of his own case reveals a legal defense to his … legal conclusions. Romero, 468 N.J. Super. at 302. Legal determinations are not afforded such discretion, and instead …
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… Wang summary judgment. Although we agree with the judge's determination Rule 4:50-1(a) did not support vacating the August 28, 2020 order, we conclude the … both possesses meritorious defenses, "worthy of judicial determination," and because his failure to oppose defendant's …
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… On October 8, 2019, we affirmed, holding that "the record supports the [first] PCR court's conclusion that defendant … by not providing an explanation by way of facts or law to support its conclusion. Finally, defendant asserts that the … because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Id. at 155. …
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… The judge assigned PCR counsel, who submitted a brief in support of defendant's PCR petition. PCR counsel argued … enter the building "would not have changed the [judge's] determination that Officer Figueiredo was credible" when he … from raising this issue because we upheld her credibility determinations. The judge pointed out she questioned defendant …
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… later, on April 6, 2012, the patient was removed from life support and he died shortly thereafter. Plaintiff's … cases, we review de novo the motion judge's legal determination in this case that plaintiff and her counsel … courts give no special deference to a trial court's legal determinations). The trial court adduced no testimony and made …
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… light most favorable to the defendant when making this determination. State v. Mauricio, 117 N.J. 402, 412 (1990). … these principles, we conclude that the evidence amply supported an instruction on the lesser-included offenses of … on any charge and, therefore, there was no judicial determination that Gallardo committed a "prior bad act" as …
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… v. Harvey, 151 N.J. 117, 205 (1997)). In making this determination, we give deference to the trial court, "which is … cousin and [she] cheated on [her] husband." Defense counsel supported this theory by asserting J.S.'s actions were not … He then contends that even if those aggravating factors are supported by the record, they should be given minimal weight …
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… the trial court's decision so long as the findings are supported by sufficient credible evidence in the record." … excessive sentence. "Appellate courts review sentencing determinations in accordance with a deferential 16 A-2757-18 … his imprisonment would facilitate hardship on defendant's children and family. The sentencing judge acknowledged these …
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… a warrant, "a brief stating the facts and arguments in support of the motion shall be submitted with the notice of … police. Importantly, defendant never presented evidence to support his racial profiling claim. In State v. Segars, the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… N.J. Super. 396 (2005), another case plaintiff cited for support. There, the land use board denied the plaintiff … nothing in the record that indicates plaintiff sought a determination from DEP whether the proposed storage of her … (allowing a person to request "a written applicability determination" from DEP).6 As we noted, plaintiff sought to …
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… or any other reason justifying relief. A trial court's determination to grant or deny any relief under Rule 4:50-1 … 232 (Ch. Div. 2007). As with Rule 4:50-1, the court's determination will be left undisturbed unless it constitutes a … had been filed is baseless. PCH does not have any legal support for its claim that it retained an interest in the …
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… facts are derived from evidence submitted by the parties in support of, and in opposition to, the summary judgment … the Venture defendants in the first place. III. "[F]ee determinations by trial courts will be disturbed only on the … plaintiff is entitled to counsel fees under the CFA. Fee determinations begin with the calculation of the lodestar, …
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… affordable housing." The 2017 Reexamination report further supports the Master Plan goals and cited the need to provide … 101 N.J. 46, 52 (1985) (holding a board's factual determinations are entitled to "great weight" and should not … to support them"). However, a local board's "legal determinations are not entitled to a presumption of validity …
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… admission to PTI. We noted in our prior opinion that, "[i]n support of this conclusion, the prosecutor relied on the … the relevant PTI factors." Harris, slip op. at 4. That determination was not subject to second-guessing by the trial … the memorandum offers prosecutors guidance for PTI determinations involving out-of-state visitors. Consideration …
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… setting forth legal arguments and attaching documents in support of the subject application. On April 24, 2019, the … including physicians, may own a pharmacy. The Board's determination to deny the application for a permit was based … or "medical procedure." Petitioner argues the Board's determination that "the 'practice of pharmacy' does not …
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… factor six, and failed to provide a sufficient explanation supporting its determination that a four-year term was necessary for … policy." 4 A-3014-20 to defendant's sentence were fully supported by the record and in accordance with the Code of …
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… lodged no objection when the judge made a pretrial determination to accept the State's waiver of its opening … because his findings regarding these two counts are amply supported by the credible, competent evidence adduced at … basis. [(Emphasis added).] After making these determinations, the judge made no further findings regarding …
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… RECEIVING STOLEN PROPERTY AND POSSESSION OF CDS WERE NOT SUPPORTED BY THE EVIDENCE. A. The State's explanation as to … to prove or disprove any fact of consequence to the determination of the action." Brenman v. Demello, 191 N.J. 18, … authenticated, and it was relevant to the jury's determination of whether defendant was the perpetrator of the …
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… found plaintiff failed to "elicit[] any facts that could support a finding that defendant had actual or constructive … spill products sold in sealed containers is not enough to support a mode of operation[] charge." In Jeter, the … customer handling." 250 N.J. at 257. There was no evidence supporting an inference that any of the bottles in the …