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… contends the error was not harmless because disputed facts supporting his defense of misidentification were elicited by … all evidence presented at trial[,]" and to base their determination "on all of the evidence presented during the … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017); State …
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… 10 A-4600-17T2 arguments are made in favor or in support of the allegations, therefore summary judgment … that the Fund offered "[o]nly unsubstantiated arguments" in support of its allegations, did not address that conflict. …
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… from his girlfriend,3 with whom defendant has several children. 2 Miranda v. Arizona, 384 U.S. 436 (1966). 3 The … the judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … copies of their appellate submissions. Following the determination on remand, an aggrieved party may pursue further …
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… history in this case is necessary to give context to our determination of defendant's appeal. The trial that led to the … (2014). In a later opinion, the Court disagreed with our determination as to the denial of suppression, but concurred … as the direct evidence and "the favorable inferences support the conclusion" that defendant, who was indisputably …
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… the court's findings of fact "so long as those findings are supported by sufficient credible evidence in the record." … There is sufficient credible evidence in the record to support the judge's determination that the plain view exception applied and the …
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… the post-trial proceedings, so long as they have credible support in the record. Rova Farms Resort, Inc. v. Inv'rs … where those findings depend on the court's credibility determinations made after observing the witnesses testify. … mismanagement" on the part of Thor and Lorraine have ample support in the record. The post-trial accounting that …
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… defer to the court's factual and credibility findings when supported by sufficient evidence in the record. Locurto, 157 … and the State does not dispute the propriety of that determination on appeal. Instead, the parties' dispute centers … at 3-4. Finding sufficient support for the trial court's determination that defendant was subjected to unwarned …
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… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … counsel said "there was a deal on the table." Evidence determinations rest "in the sound discretion of the trial … during the hearing, and does not provide argument or supporting case law on appeal. The PCR court's decision for …
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… to make any of the payments due. Segal responded, in support of his motion to stay the contract action and 3 The … corporation's former counsel for his "final and binding determination" was not an arbitration agreement). The Westgate … Agreement and supersede its arbitration clause. Since the determination of a novation is subject to the parties' …
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… because it lacked "a [p]roper [f]oundation" and was supported by only "[n]et [o]pinions[.]" As a corollary, … and did vigorously challenge the admissibility of evidence supporting plaintiff's claim for medical expenses under …
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… violated, where competent and credible evidence does not support the statutory aggravating and mitigating factors, or … finding aggravating or mitigating factors. The record supported his conclusions. The judge's thoughtful 22 …
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… if 1) the defendant establishes a prima facie case in support of PCR, 2) the court determines there are "material … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998)). Such determinations are "best made" at an evidentiary hearing, and "[e]ven a suspicious or questionable affidavit supporting a PCR petition" may not be summarily rejected, …
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… THE CHARACTER OF DEFENDANTS HANNA AND NAGUIB WERE FACTUAL DETERMINATIONS OF THE TRIAL COURT AND SENTENCING COURT. THE … aggravating and mitigating factors, and such factors are supported by sufficient credible evidence in the record. See … found that aggravating factor inapplicable. Despite that determination, and the judge's finding that application of …
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… inference that the jury has affirmatively reached a determination on one or more factual or legal issues the trial … defendant does not proffer any exculpatory evidence to support his latter argument, but argues the evidence presented to the grand jury was insufficient to support its return. At oral argument, defense counsel told …
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… and internal quotation marks omitted). The trial judge's determination will not be disturbed "unless a clear abuse of … 352 N.J. Super. 385, 403 (App. Div. 2002) ("Evidential support for an expert opinion is not limited to treatises or any type of documentary support, but may include what the witness has learned from …
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… Lowes moved for reconsideration of the trial court's determination to permit the breach of contract claim to go to … affected by an action taken under the MLUL. The DOT's determination to revoke access to plaintiff's original 4 We … "[b]are conclusions in the pleadings, without factual support in tendered affidavits, will not defeat a 19 …
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… AS THE TRIAL COURT FAILED TO FIND A MITIGATING FACTOR SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD. In a pro se … would be helpful to the jury by shedding light on the determination of a disputed factual issue." Id. at 464. "If … comment would be based on an inference or deduction supported by other facts in evidence; (5) the clarity and …
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… then on appeal, the county board of taxation’s value determination, embodied in its final judgment,”. NOT FOR … in this regard; (3) treated plaintiff’s legal pleadings in support of his motion for Freeze Act relief as part of a … review is taken to the Tax Court to review the action or determination of the county board involving real property the …
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… to the PCR judge's factual findings, as long as they are "supported by sufficient credible evidence in the record." … in certain circumstances. In making that A-0315-15T4 13 determination, a judge should consider, among other relevant … 171 N.J. 443 (2002)). A review of additional judicial determinations provides guidance governing recusal when a …
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… Jersey State Police (NJSP) (collectively defendants). In support of their motions, defendants belatedly raised the … the jury would then be required to find whether that determination was palpably unreasonable. "Whether the conduct … under all of the circumstances is a question for jury determination." Paternoster v. N.J. Dep't of Transp., 190 N.J. …