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njcourts.gov
… the following arguments: POINT I BECAUSE THE AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT WAS NOT BASED ON PROBABLE … 61 N.J. 83, 87 (1972)). Courts must base a probable cause determination on the totality of the circumstances. State v. … we give "substantial deference" to the trial court's determination. State v. Kasabucki, 52 N.J. 110, 117 (1968). …
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njcourts.gov
… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
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njcourts.gov
… that "[t]his 8 A-4129-18T2 purported restraint was not supported . . . with any findings . . . nor was it reduced … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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njcourts.gov
… 337 N.J. Super. at 242. In our review of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if they are supported by "adequate, substantial and credible evidence." …
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njcourts.gov
… it is "arbitrary, capricious or unreasonable, or [] not supported by substantial credible evidence in the record as … failed to show her assets were transferred for fair value. Supported by substantial and credible evidence, the …
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njcourts.gov
… was likewise voluntary, there is nothing in the record to support defendant's bald assertion that it was not. … he passed the note demanding money. So too, there is no support for defendant's bald assertion that he was coerced …
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njcourts.gov
… whether a party waived its arbitration right is a legal determination subject to de novo review[,]" however, "the … Therefore, a common sense reading of the agreement supports plaintiff's obligation to assert her claims in … nursing home or assisted living facility are enforceable if supported by consideration. See also Marmet Health Care …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … been drinking. The totality of those circumstances amply supports the officer's probable cause to believe 10 … of alcohol. See Moore, 181 N.J. at 46. We therefore find no support for the argument that defendant's conviction cannot …
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njcourts.gov
… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
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njcourts.gov
… The judge found that defendant's responses would "not support even remotely a finding that the defendant ha[d] … explained the required state of mind. The circumstances supported a finding of a shared purpose. Therefore, the …
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njcourts.gov
… a 'continuing pattern' of anti-social behavior." To support her argument, defendant cites our Supreme Court's … prosecutor's consideration of all other factors is amply supported by the evidence in the record. Affirmed. … …
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njcourts.gov
… scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … applicable law. Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting In re Herrmann, 192 … the agency's decision involves "predictive or judgmental determinations" that implicate the agency's administrative … Nicholas, 213 N.J. at 480. We reverse an agency's determination only when it "flout[s] the statutory language …
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njcourts.gov
… the course of two trials and that the court decisions were supported with reasoned opinions. Finally, as to the party … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … same class solely because he had once suffered an adverse determination when the facts or the law were different." Id. …
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njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4610-17T1 CHILDREN OF AMERICA, INC., and CHILDREN OF AMERICA … under the same docket number as the action on appeal and supported it with its counsel's certification. Pavilion … without leave granted, the judgment or administrative determination must be final as to all parties and all issues." …
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njcourts.gov
… wantonly vile, horrible or inhumane." The evidence at trial supported those findings because defendant told the jury … the insanity charge over his objection. The record does not support that bald assertion. In short, by contrast to the …
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njcourts.gov
… of custody and protect the integrity of the evidence. In support of his motion, defendant submitted a letter to the … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a … and note the case law upon which the State relies to support its position is distinguishable from the facts in …
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njcourts.gov
… the selling price of real property involved in a judicial determination of its assessed value is usually a guiding … information and applied it accordingly. The argument in support of the Municipality’s motion to vacate is that: 1) … have proceeded to trial. The Municipality cites no law in support of their argument, and the court knows of none. …
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njcourts.gov
… operations, but offers no citation to the record to support that such equipment is in fact kept in there and … The court also found that the record failed to support a finding of actual or constructive notice of a …
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njcourts.gov
… the decision by the Judge of Workers' Compensation (JWC) is supported by sufficient credible evidence in the record, we … 2000). We must defer to the factual findings and legal determinations made by the judge of compensation "unless they are 'manifestly unsupported by or inconsistent with competent relevant and …