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… the court's finding of aggravating factor four was supported by the record and was not impermissible double … requested by the State. Therefore, the record does not support defendant's contention that the invasion of privacy …
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… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … seized evidence). We next consider defendant's arguments in support of a remand for resentencing. We agree this matter …
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… due process. The court's findings regarding the denial are supported by the record. We discern no abuse of discretion. … by the prosecutor. The State further argues that the record supports the forfeiture of Huften's firearms because his …
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… favor could determine the existence of facts that would support the determination that Cardinal Estates breached a duty of care … N.J. at 238. "[G]eneral negligence principles govern the determination of whether a legal duty should be imposed on a …
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… and found the Board did not violate the Agreement. In support of her determination, the arbitrator relied, in part on Bd. of Educ. … claim that the decision in Matter of County of Atlantic supported the notion that salary increments could be …
njcourts.gov
… No. A- 6934-03 (App. Div. May 12, 2005). The evidence would support a finding that on April 28, 2002, defendant drove … to the sound discretion of the trial court, and its determination will not be reversed on appeal unless there has … That strategic posture undermines its truthfulness and supports the motion court's conclusion that the affidavit …
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… modification of the award relating to the 2003 incident. In support of his arguments, Streeper explained that in 2010 he … part: Upon the application of any party, a formal award, determination, judgment, or order approving settlement may be … several years earlier did not properly reflect his determination that the employee was permanently disabled. When …
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… years old, has been married for eleven years, has three children, and owns a business. He was born in Ukraine and is … IDENTIFICATION CARD AND/OR HANDGUN PURCHASE PERMIT WAS NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE. A judicial determination that a defendant poses a threat to the public …
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… about the phones was not credible because it was not supported by any of the contemporaneous reports the … we discern no basis for disturbing the trial court's determinations regarding these four defendants. In order for … of these factors was not necessary to its final determination. In Andrews, the Supreme Court confirmed that …
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… to the ground, Dusenbery's 3 We do not address the ALJ's determination, which was adopted by the Board in its final … 4, 2015 incident. Dusenbery does not challenge that determination on appeal. See Drinker Biddle & Reath LLP v. … Woods incident.4 The ALJ 4 The ALJ made detailed findings supporting her conclusion Dusenbery is totally and …
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… for a new trial based on newly discovered evidence. In support of that motion, he presented a certification from a … on the claims being advanced" and includes evidence that supports a general denial of guilt. State v. Ways, 180 N.J. … to the sound discretion of the trial court, and its determination will not be reversed on appeal unless there has …
njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … or assigned duties. Ibid. That board adopted an ALJ's determination that although Kasper had taken "a few steps" on …
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… two years of executing the Agreement. Petitioner did not support that assertion with an affidavit or certification … loss of petitioner's fingers. When asked to explain his determination that $1,000 of the $5,000 payment was for the … The judge provided no other explanation and no factual support for his finding. The judge memorialized his decision …
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… you know -- I don't see any version of facts that would support an aggravated manslaughter -- the state of mind, … a defendant, as long as the instruction "is requested and supported by some evidence in the record, it must be given." …
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… T.C. relies on State In re. R.M., 141 N.J. 434 (1995), in support of his position that the law prohibits the … Under the State's interpretation, and the judge's determination here, developmentally disabled juveniles in one … rational basis, let alone a compelling justification, to support a geographic cause for depriving developmentally …
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… Ohio 2005). It is enough that the victim provide evidence supportive of a finding that a recording device was present … other plaintiffs were spied upon. For example, the record supports an assumption for summary judgment purposes that …
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… in a May 28, 2014 written decision. It based its determination on the same factors relied upon by the … IS AN APPROPRIATE REMEDY I. Appellate review of parole determinations "focuses upon whether the factual findings made … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … are consistent with the common law of restitution. In support of his argument, Dr. Vitale relies upon the innocent … & Wire Works, Inc., 233 N.J. Super. 91 (App. Div. 1989), supports the adoption of the Restatement (Third) of …
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… made by the trial court will not be disturbed if they are supported by credible evidence in the record. State v. … v. Gamble, 218 N.J. 412, 424 (2014)). We review legal determinations, including the 9 A-0891-18T4 application of the … 218 N.J. at 425). We first address the trial court's determination that defendant had no reasonable expectation of …
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… matter being denied; indeed, Christine's counsel argued in support of her motion for leave to file the appeal out of … while the circumstances here are offered in support of a determination that Christine permanently forfeited her right … § 80b-14(a) (emphasis added). In short, the judge's determination that federal courts have exclusive jurisdiction …