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njcourts.gov
… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … containing the gun and magazine was seized prior to any determination to impound the vehicle. Under these … magazine was invalid. V. We now address the trial court's determination that the warrantless seizure of the satchel was …
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njcourts.gov
… FACTORS AND FAILED TO APPLY MITIGATING FACTORS PLAINLY SUPPORTED BY THE RECORD, RESULTING IN AN EXCESSIVE … factor six and failed to apply mitigating factors "plainly supported by the record." A. Whether Prosecutorial Error … at 608 (quoting Frost, 158 N.J. at 83). When making that determination, we consider the following three factors: "(1) …
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A-27-24 Costello Mains et al. Amicus Curiae Brief
Briefs
njcourts.gov
… OF AMICUS CURIAE NEW JERSEY ASSOCIATION FOR JUSTICE IN SUPPORT OF PLAINTIFF-PETITIONER COSTELLO, MAINS & SILVERMAN, … (internal citations omitted). The Trial Court’s factual determinations are entitled to deference on appeal and may not … 14 A.3d 36 (2011)). However, the Trial Court’s factual determinations here are immaterial if the Court, as urged …
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A-42-24 New Jersey State Bar Association Amicus Curiae Brief
Briefs
njcourts.gov
… that the answer to both questions is no. This conclusion is supported by this Court’s jurisprudence as well as sound … of the Supreme Court, 12 Jun 2025, 090214 8 authoritative support” the Restatement (Third) of the Law Governing … may owe a duty of care to a non-client. While such a determination is “necessarily fact-dependent,” precedent …
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njcourts.gov
… cf. Burgos v. State, 222 N.J. 175, 203 (2015) (“We do not support interpretations that render statutory language as … considerations in the legislative record provide some support for Chiaccheri’s interpretation. In our …
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A-43-24 ACLU of New Jersey Amicus Curiae Brief
Briefs
njcourts.gov
… a criminal defendant’s mental state to make complex determinations about culpability. They do so with and without … the old version explicitly contemplated that the defense be supported by the sworn certificates of two psychiatrists.2 … “if evidence is relevant and necessary to a fair determination of the issues, the admission of the evidence is …
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njcourts.gov
… containing actionable knowledge or information that can support a variety of human or technical functions, including … services. It suggests a future iteration of the internet, supporting persistent online 3D virtual environments through …
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njcourts.gov
… 2013, at about 4:30 a.m., defendant, with his two infant children and the children's mother, were riding a PATH train … judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … II, slip op. at 22. We disagree with the PCR judge's determination that trial counsel's strategic decision to forgo …
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njcourts.gov
… shown and "an absence of prejudice to . . . defendant." In support, plaintiff primarily relied on Audubon Volunteer … order. See R. 4:50-2. The judge also found that a motion supported by Rule 4:50-1(b) through (e) was time barred, and … principles, we discern no abuse of discretion in the determinations made by the judge and affirm substantially for …
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njcourts.gov
… judgment. 7 A-2670-22 Defendants made several arguments in support of summary judgment: plaintiff failed to adduce … law. Plaintiff responded, contending the damages claim was supported by: the conversations between plaintiff and …
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njcourts.gov
… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; see also State v. …
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njcourts.gov
… Turning to count two, RU's attorney argued there was no support in the record to demonstrate a "disability-based … See Godfrey, 196 N.J. at 196. Nor does the motion record support plaintiff's harassment claim based on a disability …
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njcourts.gov
… dismissal of Extech's complaint based on the court's determination the purported personal 3 A-0191-23 guarantees … on behalf of E&N and not as personal guarantors. We find no support in the summary judgment record for that conclusion, … of Extech's form application does not permit that determination as a matter of fact or law. The signature lines …
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njcourts.gov
… claimed his trial counsel failed to retain an expert to support his voluntary intoxication defense; failed to … noted that trial counsel's failure to retain an expert to support 10 A-2540-22 a voluntary intoxication defense "was … A trial court may consider several factors in making its determination of whether a defendant was so intoxicated that …
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njcourts.gov
… responded to Route 52, stating Section 106.20 "clearly support[ed] that proceeds and adjustments to any BR[I] claim … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… prejudice.1 Because we see no error in the trial court's determination that plaintiff failed to file an affidavit of … also revives the argument proffered to the trial court in support of the reconsideration motion that the required … care facility." We affirm the trial court's threshold determination that Rose Garden is a health care facility …
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njcourts.gov
… the reasonableness of any explanation counsel may offer in support of his decision not to assign an investigator to … witness testimony[,]" and will uphold findings that are "supported by sufficient credible evidence in the record." … and they were called as witnesses at trial is unsupported by any competent evidence in the record. According …
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njcourts.gov
… to hear testimony from various expert witnesses in support of the 2021 Application. After completion of the … 'so necessary or commonly to be expected that it cannot be supported that the ordinance was intended to prevent it.'" …
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njcourts.gov
… for Comtron in any of the pending litigations—as further supported by . . . Wiesner's continued claims—by … Westfield, 17 N.J. 67, 76 (1954). "[E]vidence submitted in support of a motion for summary judgment must be …
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njcourts.gov
… the causation of the injury to begin with was. In order to support a causal connection between the act complained of … OF MATERIAL FACT SHOULD HAVE BEEN SUBMITTED TO A JURY FOR DETERMINATION. II. THE TRIAL COURT ERRED IN FINDING THAT A … a "motion for summary judgment should be denied when determination of material disputed facts depends primarily on …