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A-2668-23 Briefs
Briefs
njcourts.gov
… Da 11-12 State Certification in Support of Opposition to Defendant’s Motion to Suppress, … standing where “the State failed to produce any evidence to support that point”); State v. Gibson, 218 N.J. 277, 296-99 … entitled to any special deference where it rests upon a determination as to worth, plausibility, consistency, or other …
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njcourts.gov
… D. Lee and Jonathan M. Wasser for plaintiff (Fox Rothschild, LLP, attorney). Michael J. O’Malley for defendant … similar letters from various other out-of-state sellers to support its computation of the tax due on its TPT returns. … Branch which upheld the audit.2 Taxation issued a final determination concluding that since the out-of-state sellers …
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A-2794-23 Briefs
Briefs
njcourts.gov
… Da14 Certification of James C. Brady in support of Motion to Compel .............. Da41 … 540, 554 (2019) (quoting Stovall, 170 N.J. at 361). This determination is based on examining the facts available at the … defective.”). However, a reasonable suspicion determination considers the totality of the circumstances and …
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njcourts.gov
… Basile explained that this result was "very strong support that [defendant was] a contributor to the mixture of … suspicion . . . corroborated by the police that exists to support the [Terry7] stop of . . . defendant's vehicle, the … N.J. 16, 25-26 (2010)). "The principal components of a determination of reasonable suspicion . . . [are] the events …
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njcourts.gov
… report, as well as the court’s own consideration of the supporting documentation and testimony, Iler contributed at … be known, among other things, what decisions would have the support of a majority of the LLC. In so interpreting the … 23 N.J. at 201. Kiely and Marzovilla contend their view is supported by the third paragraph of the “Overall …
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A-20-24 Amicus Curiae Brief Attorney General
Briefs
njcourts.gov
… that standard, although virtually every case it cites in support has been around for just as long as the cases … notions of consistency with caselaw in other contexts for support. That is not enough. Should this Court hold that … “an intermediate appellate tribunal, bound by the final determinations of our Supreme Court”). Accordingly, we …
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njcourts.gov
… and because there was evidence in the record to support those charges, we reverse and remand for a new … Miranda rights. The State responds that the trial court's determination the State proved beyond a reasonable doubt … in the interview. We now review the trial court's determinations. C. The Fifth Amendment to the United States …
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njcourts.gov
… that neither of these witnesses provided competent evidence supporting the authenticity of the samples during the … products. Linda Fishbain testified that three of her childhood friends died of mesothelioma, and her mother … 553, 609 (2004). Here, plaintiff challenges the court's determination barring admission of the three purported vintage …
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njcourts.gov
… on his observations and the data collected, he made "a determination [of] how the ultimate crash occurred . . . [.]" … case? Really?" Such considerations have no place in the determination of a mistrial motion, but we decide only whether … is entitled to a charge on a lesser included offense supported by the evidence," State v. Short, 131 N.J. 47, 53 …
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njcourts.gov
… noted defendant failed to produce any medical records to support his claim. Initially, we note that defendant's … be commenced." Hogan, 144 N.J. at 235. "Credibility determinations and resolution of factual disputes are reserved … by well-settled principles. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 …
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njcourts.gov
… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. In response to the …
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njcourts.gov
… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … (1) his sister accompanied him to the interview and her children were also being investigated in this case; (2) … of proof is similar to the one that guides a grand jury's determination whether or not to indict. Id. at 205–06. 11 As a …
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njcourts.gov
… CREDIT. Appellate review of a trial court's evidentiary determinations is limited to examining the decision for abuse … anew the record on which the trial court's admissibility determination was based." Ibid. Generally, evidentiary … gathered from the circumstances if the facts 16 A-2501-17T3 support the inference.'" State v. Prall, 231 N.J. 567, 585 …
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njcourts.gov
… so divergent," that the issue came down to a credibility determination. The judge stated he "clearly [found] that the … with police. We also find no error with the judge's determination that police properly asked defendants to exit … reliance on the Strip Search Act, N.J.S.A. 2A:161A-1, in support of his contention the search was unlawful, is …
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njcourts.gov
… arguments in light of the record, we reverse the court's determination that Damien violated paragraphs (k)(8) and … who requested another practitioner perform a "clinically supported" diagnostic test, id. at (b)(2), to make that … Code violations by Dr. Damien that resulted in the determination that he is required to pay back any monies paid …
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njcourts.gov
… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. Accordingly, we …
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njcourts.gov
… of that product during annual service visits. III. To support its demand for apportionment under the Act, … cross-claims are dismissed. Young, 123 N.J. at 599. This supports the proposition that, at trial, the non-settling … purposes of allocation under the Act, which requires a determination "in the form of a percentage, of each party's …
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njcourts.gov
… The panel also offered guidance for retrial, demonstrating support for defendant’s argument that the State improperly … to prove or disprove any fact of consequence to the determination of the action. Under N.J.R.E. 402, “all relevant … to prove or disprove any fact of consequence to the determination of the action.” Relevant evidence “need not be …
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njcourts.gov
… curiae brief opposing plaintiffs’ amended complaint and supporting defendants’ motions to dismiss. On February 7, … had notice and the opportunity to be heard, permitting a determination -- based on observable facts -- as to whether … cut funding to school districts is not the sole basis that supports the constitutionality of the LTAA; its basis also …
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njcourts.gov
… term “industry standards”, identify any industry standards supporting this blanket assertion, and fails to indicate how … to prove or disprove any fact of consequence to the determination of the action.” N.J.R.E. 401. Moreover, to be … Hospital, 91 N.J. Super. 377, 385-386 (App. Div. 1966). Determination of relevance is up to the sound discretion of …