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njcourts.gov
… Findings that [Defendant] is Likely to Recidivate Was Unsupported By the Record. [(Partially raised below).] (i) The … to Find Mitigating Factors Eight and Nine Was Otherwise Unsupported. C. The Resentencing Court Erred in Finding and … defendant's conduct was excusable based on the jury's determination that his "conduct was knowing [and] purposeful." …
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njcourts.gov
… Weaver’s Arguments Defendants Tassev, Levine, and Weaver support the arguments made by Ocean Coast and similarly … retain the cause for all purposes, and proceed to a final determination of the entire controversy and, except where the … of leaving only purely legal issues remaining for determination. . . .”). An equitable cause of action “draws …
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njcourts.gov › edit week 2 appellate calendar
… challenge to prove a race- or ethnicity-neutral basis supporting the peremptory challenge. In gauging whether the … and the type of work they do; whether you have any children living elsewhere and the type of work they do; … are mailed. An inclusive pool is the first step to support jury venires drawn from a fair cross-section of the …
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njcourts.gov
… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991), … of the crime is another question of fact for your determination. Mere departure from a place where a crime has … have the same elements; and whether the same evidence would support a conviction on both offenses), certif. granted, 225 …
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njcourts.gov
… 3 A-2974-15T2 suppress hearing when they are supported by sufficient credible evidence in the record." … photographs adduced at the testimonial suppression hearing, supported its conclusion that, although he lived in a house …
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njcourts.gov
… 2022). We also apply de novo review to a trial court's determination on a Rule 4:6-2(e) motion to dismiss for failure … Nor does Cole v. Jersey City Med. Ctr., 215 N.J. 265 (2013) support plaintiffs' waiver argument. In that case, our … A.3d at 132 ("The holding in Rodriguez provides forceful support for the notion that [federal forum selection …
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njcourts.gov
… and his appendix does not contain any documents filed in support or in opposition to the summary judgment motion. We … DBP for CCC while the underlying litigation was pending. In support of count three, plaintiff alleged that defendants … judgment and, as noted, he never appealed from that determination. Affirmed. … a4119-16.pdf … A-4119-16T1 …
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njcourts.gov
… 2(c), "the court must accept as true all the evidence which supports the position of the party defending against the … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. "It is well-settled … for reconsideration contained numerous material errors unsupported by the record. A motion for reconsideration is …
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njcourts.gov
… plaintiff's complaint, knowing there was no evidence to support the claims, and she made several false statements to … or appreciate evidence." However, the memorandum in support of defendant's motion for reconsideration merely … as to an award of costs for an abuse of discretion. Children's Inst. v. Verona Twp. Bd. of Adjustment, 290 N.J. …
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njcourts.gov
… its argument that the holding in Hargrove controlled the determination of whether Access Bio was plaintiffs' joint … 142 N.J. 520, 529- 30 (1995)). Self-serving assertions, unsupported by evidence, "[are] insufficient to create a … Enterprise, 683 F.3d at 467. The court held that a "determination of joint employment 'must be based on a …
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njcourts.gov
… judge in October 2013 – some thirty-three months before – supporting the former prosecutor's representation. Because … That argument requires little discussion. Sentencing determinations are reviewed on appeal with a highly … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). …
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njcourts.gov
… for handling based on similar facts or legal issues and a determination that consolidation would support expeditious or efficient case disposition. The … will include the following: Municipal Resolution of Determination of Present and Prospective Fair Share …
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njcourts.gov
… prejudice, plaintiffs moved in the bankruptcy court for a determination that the malpractice action was no longer part … Stone's statement of undisputed material facts filed in support of his motion. Thus, the court considered each of … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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njcourts.gov
… on May 27, 2012; she was not alone but was home with her children; and she and defendant had sex before he left at … In his opinion, the judge made express credibility determinations. He found defendant's trial attorney credible … standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … "something less than the probable cause standard needed to support an arrest." State v. Thomas, 110 N.J. 673, 678 …
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njcourts.gov
… defect that rendered Creamer's bid non-responsive. In support of that argument, Carbro asserts that the trial … under the PWCR Act. Our construction of the statutes is supported by the record in this matter. As already noted, …
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njcourts.gov
… the head or . . . face." Burden had known defendant since childhood and identified him in court. Robinson, a woman … a limited scope of review when considering sentencing determinations on appeal. See id. at 272. Ordinarily, our … provide its reasons for the sentence and "the factual basis supporting a finding of particular aggravating or mitigating …
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njcourts.gov
… double jeopardy argument. N.J.A.C. 10A:72-2.4(b) supports the trial court's finding that defendant's stay was … There is sufficient credible evidence in the record to support a finding that he did not show good cause under the …
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njcourts.gov
… KARAVAS, Defendants-Appellants, and YEHUDA MEER, MEER CHILDREN IRREVOCABLE TRUST, and ROBERT MORONI, … of Harmony Holdings. However, the arbitrator made a determination of the equity interests in Harmony Holdings, … clauses of the Promissory Note and operating agreement to support the submission of their claims to binding …
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njcourts.gov
… because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Id. at 155. … should be held when there is (1) a prima facie case in support of PCR relief, such as ineffective assistance, (2) …