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… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991). … whether the facts and circumstances shown by the evidence support any inference, and you are always free to accept or … court found nothing in the totality of the circumstances to support defendant's claim that she was too intimidated to …
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… the circumstances surrounding the video in making that determination. Defendant raises the following points on … and not by the fact that police have probable cause to support an application for such a warrant." State v. Cotto, … how to treat the video evidence and left the ultimate determination of the facts and credibility of the evidence to …
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… discovery from the State over the State's objection. In a supporting certification, defense counsel stated defendant … to recommending that he enter into a plea agreement." In support, defendant submitted a draft report authored by … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a …
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… been vacated under Rule 4:50-1(a). "The trial court's determination under [Rule 4:50-1] warrants substantial … delay, bad faith is established by showing no valid reasons supported the delay. In either case (denial or delay), … the insurer's agents to kill the insured and the insured's children . . . ." [Endo Surgi Center, 391 N.J. Super. at 595 …
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… record. The parties were married in August 1996 and had no children. On April 10, 2015, plaintiff filed a complaint for … Defendant disputes the whole notion of forgery as unsupported by any evidence. Significantly, defendant 7 … particular points that work most significantly in our determination that none of plaintiff's arguments have merit. …
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… (driving while intoxicated) case for lack of foundational support, and the State did not move for leave to appeal that … a stranger to the locality, the opportunity to seek a redetermination by a court at a higher level without the risk of … that even if it could consider the Alcotest evidence supporting a per se DWI offense, DeBonis prevented it from …
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… he did not formally seek to compel further discovery. In support of its summary judgment motion, National Union … we will not engage in a strained construction to support the imposition of liability or write a better policy … Indus., supra, 112 N.J. at 39 (remanding for a factual determination whether the insured, through its broker, …
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… procedure because "there was no A-2781-15T3 8 literature to support the use of the saline lift technique with an [APC]." … or disprove any fact of consequence A-2781-15T3 10 to the determination of the action." N.J.R.E. 401. Relevant evidence … of the risk for perforation had no bearing on this determination. Indeed, although negligent treatment and …
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… in March 2004 after a ten-year marriage. Of their three children, one is emancipated, one is in college and one is a … since its entry nearly twelve years earlier in 2004. In her supporting certification, defendant alleged the FRO should … 394, 413 (1998)). We are mindful of the deference owed to determinations made by family judges who hear domestic …
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… non-hearsay statements. The premise, however, is not supported by the record. Cardenas did not deny that … hearsay] declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for … exclusionary rule. . . . The Rule permits impeachment or support of a declarant's credibility as if the declarant had …
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… arose from his role as Executive Director of the School for Children with Hidden Intelligence (SCHI or school) and … abuse his discretion in ordering a new trial. The record supports his determination that no evidence in the record shows defendant …
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… by the trial judge are considered binding on appeal when supported by adequate, substantial, and credible evidence." … to reveal "adequate, substantial and credible evidence" to support these conclusions. Rova Farms, 65 N.J. at 484. Moreover, the judge failed to support his conclusions with "facts and . . . conclusions of …
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… when (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material … (1995)). Here, the evidence in the record at trial amply supports defendant's convictions. 20 A-1635-20 VI. Finally, … unless (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material …
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… Lobby, Inc., 477 U.S. 242, 249 (1986)). To make the determination, the trial judge must "consider whether the … 560 (App. Div. 2002). A. We first address the judge's determination that plaintiff could not sustain his burden of … opinion consists of nothing more than "bare conclusions, unsupported by factual evidence." Buckelew v. Grossbard, 87 …
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… and for reinstatement of the amended complaint. In support of the motions, plaintiffs submitted certifications … motions, 15 A-2585-16T4 had gone unanswered. There is ample support for the trial court's conclusion that the … 2016 order. There is nothing in the record 16 A-2585-16T4 supporting the proposition that defendants' counsel …
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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … to an investigation by the insurer of the claim and its determination 15 A-1514-16T3 of a proper course of action. …
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… THAT THERESA MACINAW LACKED WEIGHT AND RELIABILITY WAS UNSUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD. 1 … controlling" weight to the municipal judge's credibility determinations, because the municipal judge had the … for shoplifting. We also agree with Judge DeLury's determination that the decision against waiver reflected no …
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… uphold a trial court's factual findings so long as they are supported by sufficient credible evidence. State v. Hinton, … as alternative relief, and there is some precedent that supports a remand in cases – and I do not suggest this is … its case on the police report and the majority's implicit determination the current record does not justify the "search" …
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… no proof of that fact in the record, other than her unsupported statement. 9 A-1331-16T3 Eisen that she maintained … September 20, 2016, plaintiff filed for reconsideration. In support of her motion, plaintiff filed her attorney's … alone were not the fully integrated agreement." In support of her argument, plaintiff 14 A-1331-16T3 relies …
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… there was insufficient credible evidence in the record to support Judge Enright's findings that the two warrantless … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … plain view was related to criminal activity "requires a determination of whether the officer had 'probable cause to …