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A-3586-23 Briefs
Briefs
njcourts.gov
… without any evidential hearing, and without any findings to support its conclusion that “this court finds the … since 2014. By far the most important requirement in this determination are the contractual principles of mutual assent … to arbitration “is typically an issue for judicial determination.” Morgan v. Sanford Brown Institute, 225 N.J. …
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A-3642-22 Briefs
Briefs
njcourts.gov
… 2023, the Hon. Robert Lougy, A.J.S.C., entered an Order, supported by a written opinion, granting the State’s motion … the State Constitution to provide a T&E education to all children residing in the City of Jersey City (“City”). N.J. … a thorough and efficient system” of public schools for “all children” in the state). The JCBOE governs District public …
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njcourts.gov
… 2015, the Township filed a declaratory action seeking a determination that its housing plan met Mt. Laurel2 … 5:96 & 5:97, 221 N.J. at 4. 6 A-2471-22 . . . would support [the] approach"—but were advised that he was … We review questions concerning the interpretation or determination of law de novo. Moreover, "[w]e . . . review …
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A-2518-23 Briefs
Briefs
njcourts.gov
… ATTENUATION ARGUMENT, IT SHOULD BE REJECTED AS IT IS NOT SUPPORTED BY THE CASE LAW. Conclusion 6 ii 094560.000001 … about any gaps in their recollection. Judge Puglisi’s determinations thus rested squarely on her ability to observe … v. Thomas, 110 N.J. 673, 678 (1988). The “components of a determination of reasonable suspicion . . . [are] the events …
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njcourts.gov
… giving defendant the opportunity to call other witnesses to support his proffer. The next day, defense counsel stated … or disprove 20 A-0941-22 any fact of consequence to the determination of the action." The court found D- 111 and … the questions of a defendant may be material in making a determination as to whether the defendant has been subjected …
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njcourts.gov
… OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR A DETERMINATION CONCERNING THE HOLMDEL REGULATOR STATION … OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR A DETERMINATION CONCERNING THE HOLMDEL REGULATOR STATION … are satisfied there is sufficient evidence in the record to support the BPU's decision and we decline to substitute our …
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A-3233-23 Briefs
Briefs
njcourts.gov
… must always be exercised with an eye to secure a just determination and maintain fairness in administration of … must be paid in advance, defense counsel’s sole excuse in support of Defendant’s appeal - that he did not know about … date because Defendant failed to proffer any evidence in support of the statement that “both the sentencing Judge, …
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njcourts.gov
… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
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njcourts.gov
… home, where he resided with his fiancée and his four children, resulting in the seizure of contraband consisting … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … the witness' testimony or by shedding light on the determination of a disputed factual issue." Id. at 457-59. The …
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njcourts.gov
… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
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njcourts.gov
… others," citing N.J.S.A. 2C:44-1(d). We review sentencing determinations with a deferential standard, see State v. … and mitigating factors found by the trial judge were unsupported by the evidence, or the judge's application of the … State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is justifiable or …
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njcourts.gov
… of new law; (3) the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable … or discovery indicates insufficient evidentiary support[.] [R. 1:4-8(a) (emphasis added).] The circumstances …
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njcourts.gov
… 8 A-4953-17T1 he was resuscitated by advanced cardiac life support. During that time, Aviv was deprived of oxygen. He … the objection, finding it was improper as it lacked the support of expert testimony. He described the proffered … their request for a ruling that the facts here did not support a Scafidi charge. Thereafter, counsel and the court …
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njcourts.gov
… that none of the Miller factors outweighed the reasons that supported life imprisonment. In recognition of certain … offense was part of Defendant's plan to get revenge was unsupported by evidence and contrary to facts that are not in … could be expanded for good cause. N.J.S.A. 2A:4A-26(d). In support of such a motion, the State had to establish …
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njcourts.gov
… v. Henderson, 208 N.J. 208, 288 (2011). Further, the determination can only be reached so as to require the … the judge determined that "almost all the variables that support defendant's motion are estimator variables." Judge … if there is sufficient credible evidence in the record to support the findings." Ibid. The trial court's findings are …
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njcourts.gov
… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (App. Div. 1997). The trial court must make a preliminary determination of whether there is independent proof of the … independent of the text messages supporting the judge's determination that a conspiracy existed and defendant …
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njcourts.gov
… Medical Center, Simon Wiesenthal Center, Jewish Family and Children's Service of Greater Monmouth County, and B'nai … and accord "no special deference" to the judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union … write the May 2013 Trust. Rather, they argued the facts supported in accordance with the formal requirements of the …
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njcourts.gov
… motion, arguing the victim's history of domestic violence supported his claim of defense of others, namely, Tylka. The … head into the concrete. The hostess turned and pushed her children back into the house. She, too, retreated inside the … OF FACTOR 8 (CIRCUMSTANCES UNLIKELY TO RECUR) AND UNSUPPORTED FINDING OF AGGRAVATING FACTOR 6 (EXTENT OF …
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njcourts.gov
… be delivered to the jury only when there is 'obvious record support for such [a] charge. . . .'" Ibid. (second … 119, 137 (App. Div. 2000). Our review "is limited to a determination of 'whether the findings made by the trial court … may review and modify a sentence "only when the court's determination was 'clearly mistaken.'" State v. Jabbour, 118 …
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njcourts.gov
… "was on top of his dying wife when he was scratched" was supported by that doctor's report. Defendant further … response, Mazza explained that he was instructed on those determinations as part of his domestic violence training. … scratches on my client's face that . . . led you to the determination they were defensive wounds?" The State objected …