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njcourts.gov
… if so, there must "be a rational basis in the evidence to support a charge on that included offense." State v. … girlfriend, with whom the decedent co-parented five children. The court granted the State's unopposed motions: … at 127. Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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njcourts.gov
… the "personnel files might include helpful information, unsupported by the facts, is insufficient to justify an in … reviewing court gives substantial deference to a judge's determination that probable cause existed to issue a search … so long as there is "substantial evidence in the record to support the informant's statements." State v. Keyes, 184 …
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njcourts.gov
… "prejudicial" to NJM. From our review, the record does not support these conclusions. We therefore reverse the order … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. …
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njcourts.gov
… the other co-defendants in violation of RPC 1.7(a)(2). In support of their argument, plaintiffs noted that at … triggering the need for independent counsel. II. "[A] determination of whether counsel should be disqualified is, as … of the complaint." Op. 552, 102 N.J. at 205. The critical determination is whether the jointly 24 A-0711-24 represented …
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A-1262-24 Briefs
Briefs
njcourts.gov
… “subjective hunch.” Davis, 104 N.J. at 505. The facts supporting the reasonable articulable suspicion cannot occur … 218 N.J. at 428 (citations omitted). "Because the 'determination of reasonable [and articulable] suspicion is … The trial court’s factual findings must be upheld when “supported by sufficient credible evidence in the record.” …
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A-44-24 Aclu Amicus Curiae Letter
Briefs
njcourts.gov
… the same thing as the expert in Burney, and with even less support, deprived Mr. Hannah of a fair trial. First, without … evidence must aid factfinder by “shedding light on the determination of a disputed factual issue” without opining on … 36, 61 (2004). The same principle undergirds this Court’s determination that a trial court errs when it limits an …
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njcourts.gov
… of motive, and lack of any attempt to cover up the crime supported an intoxication defense and the State failed to … asserts there was no evidence presented at trial to support the theory that Monet was sexually assaulted, nor … video evidence suffices to support the sentencing judge's determination to find factor one. Second, defendant asserts …
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njcourts.gov
… with prejudice. Because we see no error in the court's determinations that plaintiff failed to: (1) file an affidavit … that needs to be dismissed based upon the case law." That determination is contrary to established case law. See, e.g., … misstatement and repeated it in a certification and brief supporting a motion to dismiss, and the court failed to …
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njcourts.gov
… 746 (1989)). Yet, "if the complaint states no claim that supports relief, and discovery will not give rise to such a … the court for good cause orders that the hearing and determination thereof be deferred until the trial." R. 4:6-3. … under Rule 4:6-2(e). A-0315-23 11 Lee relies on Allstate in support of her interpretation of Rule 4:6-2(e). However, …
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njcourts.gov
… and Stringer joined that motion to include count one. In support of Wade's motion, his counsel submitted a … Neither Stringer nor his attorney filed a certification in support of the motion to dismiss. Both defendants do not … relies on a purely legal question . . . we review that determination de novo."). To place the issues in context, we …
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njcourts.gov
… vary the unambiguous lease terms; made incorrect factual determinations to conclude Global LLC could enforce the … "[r]atified" the lease as to Global LLC without adequate support in the record; relied on White v. Dvorak, 896 P.2d … as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… was loose. Defendant argues, taken together, this evidence supports his theory the fire was accidental. Defendant … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … of the testimony of Captain Letts with regard to the determination that the fire was intentionally set. That will …
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njcourts.gov
… 2B:13-1 to -15. The court reviews the actions and determinations of assessors and county boards of taxation with … on October 1, 2005. The Management Office provides the support services necessary for the efficient functioning of … move cases to disposition, as well as managing resources to support the Tax Court Judges and support staff in the four …
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njcourts.gov
… 2B:13-1 to -15. The court reviews the actions and determinations of assessors and county boards of taxation with … on October 1, 2005. The Management Office provides the support services necessary for the efficient functioning of … move cases to disposition, as well as managing resources to support the Tax Court Judges and support staff in the four …
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A-3332-23 Briefs
Briefs
njcourts.gov
… and self-serving assertions … without explanatory or supporting facts will not defeat a meritorious motion for … (App. Div. 2009). Indeed, “bare conclusions lacking factual support” and “self-serving assertions” alone will not FILED, … the mere happening of an accident, standing alone, will not support an inference of negligence.”). In a premises …
njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … There is sufficient, credible evidence in the record to support the judge's conclusion that Officer Napoli had …
njcourts.gov
… the petition that was filed and proof of service.[1] In his supporting brief, second PCR counsel elaborated upon … PROVIDED TO HIM BY [DEFENDANT] THAT WOULD HAVE SUPPORTED HIS MIRANDA[3] SUPPRESSION ISSUE ON PCR. POINT IV …
njcourts.gov
… We are unpersuaded. 4 A-1804-24 II. A trial court's determination that a defendant knowingly and voluntarily … [self-represented] with his eyes open." Ibid. "The determination of whether there has been an intelligent waiver … judge. Notwithstanding such, we conclude the record supports the exception in Crisafi is also applicable. Here, …
njcourts.gov
… 339 (App. Div. 2017). Plaintiff alleges she and her two children attended a birthday party at defendant 's amusement … -50, which is not at issue on this appeal. 4 A-0850-24 to support a negligence claim. It reasoned defendant "complied … requirement, regardless of whether it was correct in its determination, defendant satisfied any duty it owed by taking …
njcourts.gov
… the same alleged claim addressed in his first motion. In support of his motion, plaintiff filed a certification … August 14, 2023, plaintiff moved "to reopen the case." In support of the motion, plaintiff filed the same … principles. Little, 135 N.J. at 283. The trial court's determination is entitled to substantial deference and will …