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njcourts.gov
… 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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njcourts.gov
… requested a continuance, citing the unavailability of his support staff. While acknowledging that he was the … seen anyone adjourn a case because of the unavailability of support staff. I've made it clear that we would do whatever …
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njcourts.gov
… According to the pleadings and the discovery submitted in support of and opposition to the summary judgment motions, … Plank, Model 2320, twenty feet long by two feet wide, supported by two ladders.1 Bossolina Construction owned the … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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njcourts.gov
… which he concluded was not a permitted use in the zone. In support of his decision, the zoning officer cited township … The property owner appealed the zoning officer's determination to the board and sought a "zoning … a use variance, the board maintains the trial court's determination is erroneous and must be reversed. Accordingly, …
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njcourts.gov
… have provided in the initial trial which were necessary to support a conviction." Id. at 424 (quoting State v. … 237-38 (citations omitted). Lawn King and McMullen do not support defendant's arguments. The State did not fail to …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… affidavit of amount due and non-military service in support of entry of default judgment. See R. 4:43-2; R. … the "usual deference that we must pay to a trial judge's determination of a[] R[ule] 4:50-1 motion is less compelling . … claim was a "meritorious defense worthy of judicial determination." Id. at 233. Here, defendant asserts her …
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njcourts.gov
… there were no mitigating factors. Those findings were amply supported by the record. In particular, the court relied on … the sentencing court provided an adequate explanation in support of its decision to impose consecutive sentences. We …
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njcourts.gov
… factual findings and will uphold those findings that are "supported by sufficient credible evidence in the record." … representation of counsel affected 10 A-2379-16T2 "a determination of guilt or otherwise wrought a miscarriage of … N.J. at 476. Although we discern no error in the judge's determination that defendant's petition was procedurally …
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njcourts.gov
… flight "in combination with other circumstances . . . may support reasonable and articulable suspicion"). Notably, the … in vehicular homicide case where the only Yarbough factor supporting consecutive sentences is the presence of multiple …
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njcourts.gov
… Defendant was the custodial parent of his five children and was visually impaired, but those circumstances … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … the drugs. II. We give great deference to a trial court's determination on the admissibility of other crimes evidence. …
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njcourts.gov
… POINT IV THE TRIAL COURT'S OMISSION OF JURY CHARGES IN SUPPORT OF MR. GOODEN'S DEFENSE VIOLATED HIS RIGHTS TO DUE … N.J. 383, 453 (1998), and will overturn a N.J.R.E. 403 determination "[o]nly where there is a clear error of … sufficient clarity and particularity, its findings were supported by the record, the court correctly applied the …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … not 12 A-4148-19 engage in a strained construction to support the imposition of liability." Longobardi v. Chubb …
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njcourts.gov
… identified no document, testimony, or other evidence in support of their claim for breach of Section 5.10 of the … 4:46-5(a) (“When a motion for summary judgment is made and supported as 8 provided in this rule, an adverse party may …
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njcourts.gov
… legal principles. This court's review of DMAHS's determination is ordinarily limited. Barone v. Dep't of Human … with the responsibility of implementing legislative determinations."); see also Wnuck v. N.J. Div. of Motor … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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A-40-23 Reply Brief Letter
Briefs
njcourts.gov
… Brief on behalf of Plaintiff/ Appellant Linda Brehme in support of the above Petition for Certification. Respondent' … Issues Respondent has not and cannot provide any basis to support the bald conclusion that the only way to have a new … is in any event entitled and still pursue a request for a determination on appeal which would increase that sum.") 7 …
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njcourts.gov
… not be retroactively excised from N.J.S.A. 2C:58-4(c). To support his position, defense counsel claimed, "the … (quoting McDonnell v. U.S., 579 U.S. 550, 576 (2016)). To support its decision that applying the severability holding …
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njcourts.gov
… a notice of 3 A-0297-22 aggravating factors intended to support a sentence of death for the three murders. After … sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State …