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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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… uses and structures to develop "Shopper's Village" which "supports a finding that the property . . . is particularly … regarding the validity of a local board's 18 A-0899-22 determination, 'we are bound by the same standards as was the … However, the planning board's or "the trial judge's determination as to the meaning of [an] ordinance is not …
njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … may receive evidence as the judge deems appropriate for a determination of the case, except that all testimony shall be … is the most straight forward and simple way to explain and support an opinion of market value.” Greenblatt, 26 N.J. Tax …
njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in … The next step in the income capitalization approach is determination of the appropriate stabilized operating …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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, …
njcourts.gov
… non-moving party’s version of relevant events 3 insofar as supported by competent, admissible evidence. Although the … of the underlying facts pertaining to a choice of law determination is largely conclusory, with each side declaring … present adequate basis on which to render a definitive determination. As Delta bears the burden of establishing that …
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… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
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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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… 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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… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (App. Div. 1997). The trial court must make a preliminary determination of whether there is independent proof of the … independent of the text messages supporting the judge's determination that a conspiracy existed and defendant …
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… Medical Center, Simon Wiesenthal Center, Jewish Family and Children's Service of Greater Monmouth County, and B'nai … and accord "no special deference" to the judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union … write the May 2013 Trust. Rather, they argued the facts supported in accordance with the formal requirements of the …
njcourts.gov
… of new law; (3) the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable … or discovery indicates insufficient evidentiary support[.] [R. 1:4-8(a) (emphasis added).] The circumstances …
njcourts.gov
… "was on top of his dying wife when he was scratched" was supported by that doctor's report. Defendant further … response, Mazza explained that he was instructed on those determinations as part of his domestic violence training. … scratches on my client's face that . . . led you to the determination they were defensive wounds?" The State objected …
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… motion, arguing the victim's history of domestic violence supported his claim of defense of others, namely, Tylka. The … head into the concrete. The hostess turned and pushed her children back into the house. She, too, retreated inside the … OF FACTOR 8 (CIRCUMSTANCES UNLIKELY TO RECUR) AND UNSUPPORTED FINDING OF AGGRAVATING FACTOR 6 (EXTENT OF …