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njcourts.gov
… 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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njcourts.gov
… (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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njcourts.gov
… 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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njcourts.gov
… 12 A-0991-20 A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … N.J. 114, 125-26 (2007). Post-crime consciousness of guilt supports "a logical connection 14 A-0991-20 to a desired … of a consciousness of guilt[,]" but need not "unequivocally support a reasonable inference" of the defendant's guilt. …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… him. Former Trooper Lisa Bortz submitted a certification in support of plaintiff's opposition to summary judgment … ruled that other counts of plaintiff's complaint were not supported by the available evidence or that the statutory … Cardenas, supra, 269 F.3d at 263. But the evidence does not support his allegations that the conditions at the Netcong …
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njcourts.gov
… 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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njcourts.gov
… you are the sole judges of the facts in this matter. Your determination of the facts is to be based solely upon the … told they could not do the same thing. I wanted to show my support for the swim team but also wanted to show that girls … finish. Although Jenna’s bald head was not my idea, I do support her right to wear this style to school if she wants …
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njcourts.gov
… 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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njcourts.gov
… THE TRIAL COURT FAILED TO CONSIDER MITIGATING FACTORS SUPPORTED BY THE EVIDENCE, AND IMPOSED A CONSECUTIVE … sister called Powell at defendant's request, an assertion unsupported by the sister's testimony or any other evidence. … and decline to speculate on the reasons for the jury's determination. The only factual assessment required is to …
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njcourts.gov
… of aggravating factors three, six, and nine were amply supported by the record. Defendant had four prior indictable … from committing the crime of murder. The record also fully supports the judge's finding of no mitigating factors. The … defendant's claim that he acted in self-defense. The record supports the judge's conclusion that defendant did not act …
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njcourts.gov
… After seeing the weapon, the witness grabbed the two children who were with her and ran, hiding behind a car. … behavior established "a rational basis in the record to support the definition of reckless." The trial court … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… 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 …
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njcourts.gov
… Brown status conference and the three unrelated JOCs do not support the claim that defendant’s sentence was arbitrary or … the Court accords substantial deference to sentencing determinations and acknowledges the trial judge’s explanation … did not analyze the reasonableness of the sentencing determinations in the three JOCs, in part, because defendant …
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njcourts.gov
… insurance, and that her home was constructed in 1990. In support of those allegations, State Farm submitted Pokhan's … (instructing "a trial court confronted with an evidence determination precedent to ruling on a summary judgment motion … on all of its policies if it was not essential to its determinations of whether to insure or how much to charge in …
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njcourts.gov
… affirm. At trial, the jury considered evidence proffered in support of the parties' varied theories on the cause of the … and invited the jury to speculate, without evidential support, defendant was racing; improperly urged the jury to … of defendant's initial statement to police.9 That statement supported the State's contention that defendant was …
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njcourts.gov
… THE DEFENDANT OF HIS RIGHT TO A FAIR TRIAL. A. Redmond’s Determination That Irwin Sustained a Gunshot Wound Related To … THE TRIAL COURT FAILED TO FIND MITIGATING FACTORS AMPLY SUPPORTED BY THE RECORD. POINT X. THE MATTER MUST BE … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
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njcourts.gov
… 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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njcourts.gov
… 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. …