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njcourts.gov
… 13. In State v. Guerra, on the other hand, the officer’s determination that the apparent intensity of the marijuana … from the BOLO could not contribute to a probable cause determination based on the smell of marijuana. Comparing in … his car and insists the State did not put forth “any facts supporting the suspicion of a drug cache in the trunk or the …
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njcourts.gov
… 4:69-6.2 In the statement of uncontested material facts supporting the motion, counsel for DBI PM and DBI … constitutional questions; (2) informal or [e]x parte determinations of legal questions by administrative officials; … issued specifically for the spray booth." He noted such determinations by an administrative official were "appealable …
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njcourts.gov
… made here, then the doctor would not be negligent. Any determination as to medical judgment applies only to the … charge "because the testimony adduced at trial failed to support such a charge." Relying upon Das v. Thani, 171 N.J. … judgment to select among options which have "substantial support as proper practice by the medical profession." Ibid. …
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njcourts.gov
… filed a motion for partial summary judgment, seeking a determination that certain job categories identified in … on March 16, 2021, the trial court issued an order, supported by a statement of reasons, addressing both summary … after hearing argument, the trial court issued an order, supported by a written statement of reasons, granting the …
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njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … 256, 272 (2019). Appellate review of a sentencing court's determination is guided by an abuse of discretion standard. …
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njcourts.gov
… tax returns for the years at issue and issued a final determination finding Cargill was ineligible for the … interest. In February 2018, the Division issued a final determination revising Cargill's total liability to … Division, N.J.S.A. 13:1E-223, which Cargill relied on in support of its claim, only applies to situations where …
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njcourts.gov
… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
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njcourts.gov
… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
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njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … may receive evidence as the judge deems appropriate for a determination of the case, except that all testimony shall be … is the most straight forward and simple way to explain and support an opinion of market value.” Greenblatt, 26 N.J. Tax …
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njcourts.gov
… uses and structures to develop "Shopper's Village" which "supports a finding that the property . . . is particularly … regarding the validity of a local board's 18 A-0899-22 determination, 'we are bound by the same standards as was the … However, the planning board's or "the trial judge's determination as to the meaning of [an] ordinance is not …
njcourts.gov
… . . de novo, affording no deference to the trial court 's determination." Pace v. Hamilton Cove, 258 N.J. 82, 95-96 … 116 N.J. at 746). "Nonetheless, 'the essential facts supporting plaintiff's cause of action must be presented in … PERS member backpay). Although we agree with the court's determination plaintiff's complaint failed to establish a …
njcourts.gov
… for a new trial based on newly- discovered evidence. In a supporting certification, defendant claimed he was unaware … found that "[n]ot a scintilla of evidence was presented supporting this wholly self-serving and untimely assertion." … IAC claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
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… that No Delays Could be Attributed to the State is Not Supported by the Record and is Clear Error. B. The Trial … the remand will result in additional delay in the determination of defendant's speedy trial claim, but we are … findings of 14 A-3752-21 fact and conclusions of law in support of its decision. R. 1:7-4. Nothing in this decision …
njcourts.gov
… 1, 2020). We briefly set forth the facts material to our determination of defendant's second PCR appeal. On August 30, … offer if he had been aware of his possible exposure was unsupported in the record. At a pretrial hearing, the trial … found defendant's testimony lacked credibility and was not supported by the record. 6 A-3080-21 The State presented the …
njcourts.gov
… process." Sullivan, 403 N.J. Super. at 96. The record supports the trial court's decision to dismiss plaintiff's … be used. The trial court found that there was no good cause supporting plaintiff's requests for a protective order and …
njcourts.gov
… call to testify at trial; (2) serve an expert report to support the claims set forth in her amended complaint; (3) … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of trial courts." Ibid. Thus, our review "is limited to a determination of whether the trial court mistakenly exercised …
njcourts.gov
… A-0408-22 On July 13, 2022, Jo-Med filed a certification in support of an award of attorney's fees and costs. On August … contract. Substantial credible evidence in the record supports the judge's judgment in favor of Jo-Med. Indeed, … to perform "in accordance with" the contract is also unsupported. The record 13 A-0408-22 demonstrates no genuine …
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… has not provided this [c]ourt with competent evidence to support her arguments. As such, [p]laintiff has not shown … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
njcourts.gov
… Because the trial court conducted a thorough and factually supported analysis of the Barker1 factors, we affirm. I. On … N.J. Super. 633, 644 (App. Div. 2021). A trial judge's determination that a defendant's right to a speedy trial was violated will only be reversed if that determination is clearly erroneous. State v. Tsetsekas, 411 …
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… tax board, thus barring the assessor from testifying in support of raising the assessments. The taxpayer argues the … or appraiser differs from the run-of-the-mill credibility determination utilized for fact-finding. For typical … lack of credibility does not automatically equate with a determination the witness is lying. For example, a witness on …