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… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … for failing to object to Giorgi's testimony that the gang supported itself by selling drugs. Rule 404(b) excludes … State v. Bryant, 237 N.J. Super. 102 (App. Div. 1988) to support his argument that Giorgi's testimony should have …
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… and orderly disposition of such [outstanding] charges and determinations of the proper status of any and all detainers … ' and to provide 'cooperative procedures' for making such determinations." Perry, 430 N.J. Super. at 424-25 (quoting 18 … in Pennsylvania prior to his arrival in New Jersey. In support of this proposition, the State relies on dicta from …
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… Yarbough factors, and 16 A-2124-17T4 "that the factors supporting consecutive sentences clearly outweigh the factors supporting concurrent sentences." We agree. As noted by the …
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… ON REMAND ISSUES IN THIS ACTION. A. Counsel Provided Ample Support for Our Hourly Rates. B. The Trial Court's Ruling. … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… learned that a stray bullet had struck a car with young children in it. After the shooting, which the suspect … December 15, 2017, the Board reaffirmed its original determination. The Board noted that it had considered … Rather, a diagnosis of PTSD is merely a "backdrop" that can support a causal link between the work-related traumatic …
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… E. The $1,000 maximum penalty for each violation is not supported by the record before the Law Division. II. A. As a predicate matter, we affirm the Law Division judge's determination that the municipal trial was not stayed by the … of the Coles when their case was called in order to support a finding of knowing and voluntary waiver. See, …
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… the description he gave. None of these assertions are supported by the record. G.W.'s description was not … there was competent and credible evidence 15 A-3626-16T3 supporting the application of the guidelines, and whether …
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… program. He was prohibited from unsupervised contact with children under the age of eighteen, except for his son. The … an appellate court should not modify a trial court's determination either to commit or release an individual unless … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this non-involvement, Horizon's counsel referred … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … 14 A-4195-17T3 The trial court briefly cited to Kotzian, to support its decision to grant damages above the $250,000 …
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… 451, 463-64 (App. Div. 2000), beginning with the evidence supporting plaintiff's motion for partial summary judgment. … to the cemetery. In opposition to plaintiff's motion and in support of its cross-motion, PACA furnished its retainer …
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… Law Division did not find any legal or factual grounds to support North Wildwood's position. We affirm. I North … a kitchen, and a playground. As of October 2016, 129 children were enrolled in the preschool and kindergarten … North Wildwood's attempt to reframe the issue to a determination of whether the Board was acting outside of its …
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… [(Emphasis added).] The expert's opinion is amply supported by the facts on the motion record. Plaintiff … 242, 249 (1986)); accord, R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … unless the parties disagree, in which case the final determination of the court is a discretionary judgment that is …
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… such as a "'lack of inherently credible evidence to support a finding, obvious overlooking or undervaluation of … jury's verdict where, as here, there was some evidence that supports its verdict. Dolson, 55 N.J. at 6. Moreover, there …
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… v. Johnson, 42 N.J. 146, 161 (1964)). Our review of legal determinations, however, is plenary. See State v. Handy, 206 … 336 N.J. Super. 244, 251 (App. Div. 2001). In making her determination, the Law Division judge did not rule the Rules … mouth during that period of time." The evidence does not support that finding; the operator testified only that he …
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… The family court's findings are binding so long as its determinations "are supported by adequate, substantial, credible evidence." Id. … Super. at 28. In that case, we vacated the trial judge's determination that the plaintiff had an interest in the …
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… we will "not 'engage in a strained construction to support the imposition of liability' or write a better … The Supreme Court concluded in Ferrante that a prejudice determination is not needed where the insurer "never had the … held that Vassas did not expressly prohibit a prejudice determination; the issue was not addressed. Ferrante, 232 N.J. …
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… was denied. Defendant filed a timely PCR petition. In his supporting certification, defendant asserted "[he] would … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not 15 A-0233-18T4 …
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… WHO CONTENDED THAT HER VOTE OF GUILT DID NOT REFLECT HER DETERMINATION. POINT III DEFENDANT'S SENTENCE IS MANIFESTLY … in evidence. This contention lacks merit. 7 A-3820-17T2 In support of his motion, defendant relied upon N.J.S.A. … jurors. We discern no basis for disturbing this reasoned determination. Our courts have long recognized a privilege …
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… affidavits or certifications based on personal knowledge in support of its contentions. Notably, RA Pain did not argue … that there was no mutual shareholder assent was not supported by any affidavits or certifications of individuals …
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… to the sound discretion of the trial court, and its determination will not be reversed on appeal 7 A-5529-17T3 … made from a documentary record if those findings are supported by "sufficient credible evidence." Id. at 381 … beforehand. The State has not cross-appealed those determinations, and we have no reason to overturn them. As we …