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njcourts.gov
… for consent to search made during a motor vehicle stop be supported by "reasonable and articulable suspicion to … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … We hold the court erred in reaching that legal determination. We defer to the factual findings made by the …
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njcourts.gov
… We therefore summarize only those facts pertinent to our determination of the legal issues before us. Plaintiff entered … "Nonetheless, if the complaint states no claim that supports relief, and discovery will not give rise to such a … with prejudice, the federal court made any substantive determination of the merits of plaintiff's case. In another …
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njcourts.gov
… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … thereafter did he make a statement to police. The record supports the judge's conclusion that defendant's statements …
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njcourts.gov
… State did not raise any others to the court in its brief in support of the warrantless search. The trial court's careful … section of defendant's reply brief to the trial court in support of his motion to suppress evidence: "In the case at …
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njcourts.gov
… Brach Eichler from representing the Prassas defendants. In support, Delaney attached a certification and an abundance … 1992)).] The court set forth five factors relevant to a determination whether the moving party seeking … Delaney's adversaries as well as Delaney's possession of supporting documentation he now uses as a sword to …
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njcourts.gov
… 82 (App. Div. 2003). Finally, the record here does not support a finding of excusable neglect. At sentencing, the … live with her? THE DEFENDANT: No. THE COURT: Do you have children[?] THE DEFENDANT: Yes, sir, two children. THE COURT: Where are the children? Where are they …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit …
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njcourts.gov
… would get what he had coming to him. The judge also found support under the community-caretaking doctrine as "a … decision so long as 12 A-4587-16T4 those findings are supported by sufficient credible evidence on the record." … at 15). However, "[t]o the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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njcourts.gov
… concerning the pleas. We therefore conclude the record supports the PCR court's determination that defendant was not denied effective … to resolve defendant's claims. The record supports that determination. 17 A-0496-16T3 We have considered defendant's …
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njcourts.gov
… do so may "render the lawyer's performance deficient" and support a claim of ineffective assistance of counsel. State … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… Roodenburg, one of decedent Faith Hursa's six surviving children, appeals from the following orders: three May 26, … are dismissed: Count II: Declaratory Judgment seeking determination that Amy ousted [plaintiff] and owes … for fees based on its conclusion that the record lacked support for her claims, finding: "[W]hile 14 A-4801-17T1 the …
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njcourts.gov
… standard: 'if, accepting as true all the evidence which supports the position of the party defending against the … fault should be submitted to the factfinder for determination." Del Tufo v. Twp. of Old Bridge, 147 N.J. 90, … him. The photographic evidence and damage to the vehicles supported plaintiff's proofs that defendant turned left in …
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njcourts.gov
… "when the stated 'findings were mistaken[,] . . . the determination could not reasonably have been reached on … findings of the judge are binding on appeal if they are "supported by adequate, substantial and credible evidence." … and records. Thus, the judge's findings were adequately supported in the record. Lastly, defendant's argument that …
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njcourts.gov
… its own software unique to that agency, with OIT providing support as necessary." Id. at 4-5. That change, accomplished … to find isolated phrases in the past executive orders to support each of those disparate views of the history of IT …
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njcourts.gov
… following background information. Amy has suffered since childhood from a debilitating disease that, among other … Amy resides. Under the ASP Management Trust Agreement, determinations regarding the management of trust assets and … court "clearly applied the wrong burden of proof" is unsupported by any reference to the record or to the words the …
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njcourts.gov
… gunpowder has been deposited. Muzzle to Garment Distance Determination, Vt. Forensic Laboratory, … https://vfl.vermont.gov/content/muzzle-target-distance-determination (last visited Feb. 25, 2020). If any gunshot … discovery of all evidence that the State has gathered to support its charges. Id. at 252 (citing R. 3:13-3). In …
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njcourts.gov
… and defendant were married in September 2016. They have no children together. Plaintiff obtained a March 20, 2019 … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Id. at 127; accord J.D., 207 N.J. at 476. This second determination, like the first, "must be evaluated in light of …
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njcourts.gov
… Inc., 477 U.S. 242, 250 (1986)). Assertions that are unsupported by evidence "[are] insufficient to create a … opinions constitute mere speculation, 13 A-3535-18T2 unsupported by competent evidential material in the record. … problem with the handle. Where an expert's findings are not supported by proper factual evidence, it constitutes a net …
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njcourts.gov
… The parties' likely adversarial relationship tends not to support imposition of a duty. Furthermore, the design of our … concealment action, concluding that evidence did not support a finding of intentional destruction). Here, the …
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njcourts.gov
… procedural history is necessary to give context to our determination. As noted, plaintiffs' complaint was filed in … pursuant to N.J.S.A. 47:1A-6 and Rule 4:42-9(a)(8). In his supporting certification of services, defendant's counsel … are now moot. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …