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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … 2C:3-4(a). "If a 'self-defense charge is requested and supported by some evidence in the record, it must be given. …
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A-30-24 Amicus Curiae Brief New Jersey State League Of Municipalities
Briefs
njcourts.gov
… League, on behalf of New Jersey's 565 municipalities and in support of their constitutional right to govern themselves, … the Preliminary Statement in defendants ' Combined Brief in Support of Petition for Certification and Motion for Stay … Law Enforcement Directive 2022- 14 (the 2022 Directive) to support its contention that it can supersede a municipal …
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njcourts.gov
… by a pursuit" prior to the enactment of subsection (c), support a broad interpretation of the immunities provided in … several alternative arguments it raised before the court in support of its summary judgment application. Specifically, … to file a cross-appeal to raise alternative arguments supporting the judgment in its favor. See State v. Watson, …
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njcourts.gov
… so long as sufficient credible evidence in the record supports those findings.") (citing State v. Elders, 192 N.J. … so earlier. The extent of the officer's inquiry was further supported because the vehicle did not belong to defendant; … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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njcourts.gov
… facts; and all other matters of the evidence which serve to support or discredit the witness' testimony." The trial … occurred." See Atwood, 232 N.J. at 444. The trial court's determination on this issue is underpinned by Soulias's … charge addressed the jury's fact-finding and credibility determinations, which was substantively the same. The trial …
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A-20-24 Amicus Curiae Brief American Civil Liberties Union of New Jersey
Briefs
njcourts.gov
… in N.J.S.A. 2C:43-6.2 on the “interests of justice” further supports application of the “abuse of discretion” standard. … to approach judicial review of the prosecutor’s PTI determination with a degree of caution, as the program was … Clerk of the Supreme Court, 01 Apr 2025, 089386 2 PTI determination was primarily a charging decision, to which the …
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njcourts.gov
… State v. Jenkins, 321 N.J. Super. 124 (App. Div. 1999), in support of his argument that he was entitled to a directed … most favorable to the State, there was abundant evidence to support defendant's convictions of first-degree robbery. Those proofs supported the jury's finding that he took the Lexus …
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njcourts.gov
… complaint, Dr. Lessig moved for summary judgment. In support of the motion, Dr. Lessig certified he had first … found Duffy had "a right to some discovery to make a determination as to whether or not Dr. Lessig should have … (App. Div. 2019) (quoting DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… as if repeated at length. 19. Insert facts and allegations supporting any additional germane relief sought. [Insert … or discovery indicates insufficient evidentiary support for any factual assertions proffered by plaintiff in … of this order to show cause, verified complaint and all supporting affidavits or certifications, including the proof …
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njcourts.gov
… of the sale proceeds be held in escrow pending its determination of the amount Garden State was to be paid out of … Cucaro produced no evidence, such as medical records, to support his alleged inability to respond to the complaint. … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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njcourts.gov
… the latest of which was within ten years of the robbery. In support of the State's request for an eighteen-year … we reversed the adjudication, because the record did not support a finding that L.W.'s conduct established he … v. Cassady, 396 N.J. Super. 392, 395-97 (App. Div. 2007) in support of his argument. In that case, the defendant handed …
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njcourts.gov
… claims. In DYMS's statement of undisputed material facts in support of its motion for summary judgment, DYMS asserted … complaint should be laid alongside the policy and a determination made as to whether, if the allegations are … Motorists Ins. Co., 128 N.J. 188, 197 (1992). "A later determination that the claim against the insured is without …
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njcourts.gov
… a verdict." Further, the judge found "no evidence to support [plaintiff's] claim" that "jurors lost interest in … 225 N.J. 373, 397 (2016)). Our review of a trial judge's determination on a motion for JNOV, pursuant to Rule 4:40- … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the …
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njcourts.gov
… on the Association's internal review of the signatures supporting Petition One. According to the email, Petition … "come back to [the Board] with the appropriate 9 A-1175-22 support." Additionally, counsel argued it would be improper … Petition Two. More importantly, we agree with the judge's determination that plaintiff's ambiguous and vague language in …
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njcourts.gov
… the jury. Am. Cyanamid Co., 155 N.J. at 568 ("if the proofs supporting the position of the non-moving party and the … on production costs and the range of consumer choice support our determination. Restatement § 2 cmt. f. As previously …
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njcourts.gov
… and negotiate for a period of [ninety] days after determination whether it's by assured guarantee or other … remaining buildings, created an unconscionable result is unsupported in fact and inconsistent with the requirements for … raise those issues before us, and the court's determinations are supported by sufficient factual findings …
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njcourts.gov
… Defendant's trial counsel submitted an affidavit in support of the PCR application, stating: I did not explain … regarding the accuracy of gap and jail credits." In support of this argument, the State points to correspondence … position regarding plea withdrawal. In making this determination, we are guided by precedent that emphasizes not …
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njcourts.gov
… David Chait, and Committeewoman Purandare, spoke in support of the payment in lieu of taxes (PILOT)2 agreement … the form of payments in lieu of taxes (PILOTs). 6 A-3086-22 support for the ordinance, emphasizing the role of the … of [section 12 of this act] and the municipality's determinations as to: a. The relative benefits of the project …
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njcourts.gov
… The judge also found that there were articulable facts supporting a reasonable suspicion to stop defendant's car … are bound to uphold those factual conclusions if they are "supported by sufficient credible evidence in the record." … deference."). Therefore, we consider the trial court's determination of whether an exception to the exclusionary rule …
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njcourts.gov
… showing" that applying would have been futile. To support his claim, defendant submitted his own certification … "relies on a purely legal question, . . . we review that determination de novo." State v. Twiggs, 233 N.J. 513, 532 … robust record created through the application process. A determination that an applicant is not subject to the …