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njcourts.gov
… and imposition of a 144-month FET, finding the decision was supported by credible evidence in the record and not … that the Board provided a sufficient explanation for its determination and satisfied the demands of due process. Id., … built upon prior decisions, which had established that "children are constitutionally different from adults for …
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njcourts.gov
… concluded that "substantial credible evidence in the Record support[ed] the Administrator's filing of the Amended First … excluding certain issues from the procedure leaves their determination untested, and creates a risk of error. The … action. In the meantime, barring an excessiveness determination may result in a larger-than-needed burden on …
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njcourts.gov
… the objective facts and circumstances of the case tend to support or negate an inference the State provoked a … was intended to goad a defendant into seeking a mistrial supports the trial court 's conclusion. As for the first … by the police. Defendant fails to provide a reason that supports his premise Silva's in-court identification was the …
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njcourts.gov
… and articulable suspicion to detain defendant are amply supported by the record, and the legal consequences that … arguments, we detail the constitutional principles supporting a detention pursuant to a Terry stop and after a … previously committed a predicate offense, the evidence supports his conviction for certain persons not to have …
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njcourts.gov
… claims. 4 A-5113-14T3 testified that he "certainly support[ed]" plaintiff's use of family leave, which he … for Development" section, he wrote, "[S.A.] has family support and care giving needs that result in her making more … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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njcourts.gov
… was exposed. We conclude that factual finding was not supported by the record. I. On appeal, plaintiffs concede … used by Condon included a warning to keep away from children. Between 1985 and 1987, Condon was promoted to an … link between Condon and Pecora was Burnham, and a determination of Pecora's liability would have necessitated …
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njcourts.gov
… must be abrupt, the judge found that Morton did not support plaintiff's argument that "general deterioration … an accident. However, the language of the clause did not support that representation. Rather, the clause virtually … and accidental" language were bound by the Court's determination of its meaning. See Champion Dyeing & Finishing …
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njcourts.gov
… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … N.J. 39, 45 (2011)) (stating "appellate review of legal determinations is plenary"). 5 The Law Division granted … health condition. There is no legal nor factual support for defendant's contention. In State v. Marquez, 202 …
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njcourts.gov
… conditions present at the time of the accident, which was supported by the plaintiff's daughter.2 Witczak cited a City … noted 3 United's motion for reconsideration did not include supporting documents but was still considered by the court. … issue. See Filipowicz, 350 N.J. Super. at 561 (noting determination of the comparative fault of the parties is a …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment 3 … or, in the alternative, for summary judgment. In a supporting certification, the managing member of the … decide a question of title . . . in the way that will best support and maintain the integrity of the recording system." …
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njcourts.gov
… . . . defendant" as factors bearing on his credibility determination. The judge found that, while probable cause may … trial court's decision, provided that those findings are "supported by sufficient credible evidence in the record." … that credible evidence in the record supports the judge's determination that the officers had probable cause to search …
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njcourts.gov
… of the mortgage. It rejects the trial judge's determination that its argument was actually an attempt to … date when calculating the amount due because the evidence supported a finding that Rosemont waived its right to … did not declare a default prior to May 2014. The City also supports its argument with deposition testimony from 20 …
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njcourts.gov
… the verdict. In reviewing the trial court's determination of the motion for judgment notwithstanding the verdict, we accept as true all evidence supporting Timek and accord him all reasonable inferences … act of managerial prerogative based on the police chief's determination that he needed sergeants in the patrol 6 …
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njcourts.gov
… from presenting evidence concerning her driving habits to support her claims she was not driving the [car] at the time … have a tendency in reason to aid the trier of fact in the determination of an issue before it. Without expert testimony … of cumulative evidence.'" Weaver, 219 N.J. at 151. "This determination is highly discretionary." Ibid.; see State v. …
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njcourts.gov
… tenders the NOI, but from the date it provides the data supporting the NOI. 422 N.J. Super. 399, 422 (App. Div. … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" (alterations … risk to commit another offense, N.J.S.A. 2C:44-1(a)(3), was supported by the defendant's letter in The first category, …
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njcourts.gov
… the search warrant during business hours. The affidavit in support of the search warrant included information that a … by the trial court "provided those factual findings are 'supported by sufficient credible evidence in the record.'" … unjust result. R. 2:10-2. 22 A-5276-16T4 V. Normally, our determination on the arguments raised by defendant would end …
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njcourts.gov
… to represent defendant and filed an amended petition and a supporting 5 A-5156-15T4 certification of defendant. The … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… date, in 2008, we affirmed the Law Division judge's determination, holding, [W]hen property increases in value … 9 A-1380-14T3 This court further held: 1) The court's determination to deny interest for the period prior to … defer to the factual findings of the trial judge that are supported by adequate, substantial and credible evidence in …
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njcourts.gov
… court found that defendant had not presented evidence to support his argument that he was returning from work at the … de novo. The court deferred to the credibility determinations made by the municipal court judge. See State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… order on June 7, 2021, denying defendant's petition. In a supporting oral decision placed on the record on the same … unreasonable and that he ha[d] been . . . prejudice[d]." In support, the judge explained that defendant "was unable to … under the abuse of discretion standard the PCR court's determination to proceed [with or] without an evidentiary …