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… 4:69-6.2 In the statement of uncontested material facts supporting the motion, counsel for DBI PM and DBI … constitutional questions; (2) informal or [e]x parte determinations of legal questions by administrative officials; … issued specifically for the spray booth." He noted such determinations by an administrative official were "appealable …
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… filed a motion for partial summary judgment, seeking a determination that certain job categories identified in … on March 16, 2021, the trial court issued an order, supported by a statement of reasons, addressing both summary … after hearing argument, the trial court issued an order, supported by a written statement of reasons, granting the …
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… tax returns for the years at issue and issued a final determination finding Cargill was ineligible for the … interest. In February 2018, the Division issued a final determination revising Cargill's total liability to … Division, N.J.S.A. 13:1E-223, which Cargill relied on in support of its claim, only applies to situations where …
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… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
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… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
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… of an out-of-court identification so long as it is supported by sufficient credible evidence in the record. … third-degree offense as of the time defendant faced trial, supporting the fourth factor under N.J.R.E. 609(b)(2). … (1985). We reject this argument. We review a sentencing determination under a deferential standard. State v. Grate, …
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… a persistent offender pursuant to N.J.S.A. 2C:44-3(a). In support of its motion, the State relied on two certified … of that exception, addressing whether a judicial determination that past offenses had been committed on … crime for purposes of N.J.S.A. 2C:44- 3(a). We view the determination of a defendant's age at the time of the prior …
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… Yurdock sitting on the couch in the living room with three children, one of whom was lying on the couch next to him. … however, that the State's evidence was insufficient to support defendant's conviction on count one, second-degree … Federal courts have "identified various factors which may support the conclusion that a defendant was a participant in …
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… New Jersey. St. Paul asserts two overarching arguments in support of its motion. First, St. Paul argues that it is … a jury, upon weighing the evidence and making credibility determinations, may likewise find the remark unrelated to the … added), the court stated: 7 The court reached this determination without considering the unpublished Appellate …
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… 13. In State v. Guerra, on the other hand, the officer’s determination that the apparent intensity of the marijuana … from the BOLO could not contribute to a probable cause determination based on the smell of marijuana. Comparing in … his car and insists the State did not put forth “any facts supporting the suspicion of a drug cache in the trunk or the …
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… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 469 … when 'the lay opinion testimony was based on, and supported by testimony about, the officer's personal … for the aggregate sentence that was imposed. Sentencing determinations are reviewed on appeal with a highly …
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… thought that if he did, he would be dead the next day. In support of the State's case against Adams, a cellular … issue of guilt. We shall not disturb the trial court's determinations that Detective Scoppa, based on his years as an … other grounds, 79 N.J. 251 (1979). In Jenkins, a juror had children the defendant's age. She said, "I just can't make a …
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… v. Henderson, 208 N.J. 208, 288 (2011). Further, the determination can only be reached so as to require the … the judge determined that "almost all the variables that support defendant's motion are estimator variables." Judge … if there is sufficient credible evidence in the record to support the findings." Ibid. The trial court's findings are …
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… home, where he resided with his fiancée and his four children, resulting in the seizure of contraband consisting … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … the witness' testimony or by shedding light on the determination of a disputed factual issue." Id. at 457-59. The …
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… be delivered to the jury only when there is 'obvious record support for such [a] charge. . . .'" Ibid. (second … 119, 137 (App. Div. 2000). Our review "is limited to a determination of 'whether the findings made by the trial court … may review and modify a sentence "only when the court's determination was 'clearly mistaken.'" State v. Jabbour, 118 …
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… that none of the Miller factors outweighed the reasons that supported life imprisonment. In recognition of certain … offense was part of Defendant's plan to get revenge was unsupported by evidence and contrary to facts that are not in … could be expanded for good cause. N.J.S.A. 2A:4A-26(d). In support of such a motion, the State had to establish …
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… 8 A-4953-17T1 he was resuscitated by advanced cardiac life support. During that time, Aviv was deprived of oxygen. He … the objection, finding it was improper as it lacked the support of expert testimony. He described the proffered … their request for a ruling that the facts here did not support a Scafidi charge. Thereafter, counsel and the court …
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… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
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… They could have picked out any test they wanted to that supported their arguments, that showed what this was all … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In making this determination, the trial judge "should focus on the logical …
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… while leaving Impact and its shareholders in the lurch." Supported by "the behind the scenes urging" of Salgado and … for all [members] of Impact[.]" We affirm the judge's determination that Mark lacked standing to bring a direct … Fraud Claim Plaintiffs assert they pled sufficient facts to support a claim for common law fraud against the XTech …