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A-0471-15T2 Opinionnjcourts.gov… mistake and correct the mis-charge." The record does not support this argument either. The court immediately realized … is not a necessary condition, however, to the court's determination whether defendant is subject to a sentence up to …
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A-3150-14T3 Opinionnjcourts.gov… defense. In a written opinion, Judge James S. Rothschild, Jr. granted the City's motion and denied plaintiff's … and favored the City. Citing N.J.S.A. 40A:10-1, Judge Rothschild explained that the City was permitted, but not … and statutory obligations. We reject plaintiff's unsupported allegation that the City controlled litigation …
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A-4440-15T2 Opinionnjcourts.gov… of D.D., McLendon found him to be "lackadaisical" and "childish." She concluded D.D. was "a highly immature … under the CRA. We also agree with the motion judge's determination that the Civil Service Act (CSA), N.J.S.A. … under the CRA. Plaintiffs fail to cite a single case in support of that proposition. Plaintiffs assert that the CRA …
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A-0021-13T2 Opinionnjcourts.gov… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. …
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A-2049-15T2 Opinionnjcourts.gov… The jury was therefore left free to make the ultimate determination of whether defendant possessed CDS with the … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, …
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A-2784-14T3 Opinionnjcourts.gov… there was clearly sufficient evidence in the record to support defendant's kidnapping and sexual assault in the …
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A-4956-16T2 Opinionnjcourts.gov… in this State involving an insured tortfeasor, the determination as to whether an insurer . . . is legally … in this State involving an insured tortfeasor, the determination as to whether an insurer, health maintenance … Allstate's argument that it was denied due process is supported by our jurisprudence, in tandem with the No-Fault …
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A-1884-16T2 Opinionnjcourts.gov… sixteen- year-old girlfriend and the mother of their two children, died after being shot six times. Three days … N.J. 527, 551 (2007). We found that ethical obligation was supported by RPC 3.3. McKenney, 330 N.J. Super. at 588 n.1. …
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A-5101-15T4 Opinionnjcourts.gov… law remains, we afford no special deference to the legal determinations of the trial court. Manalapan Realty, L.P. v. … submit a completed application for a hospital to make a determination for charity care or reduced charge charity care … regarding the applicant's employment or other means of support. . . . These procedures are in contrast to those …
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A-2306-19 Opinionnjcourts.gov… rests on two evidential rulings he made. "Because the determination made by the trial court concerned the … but they argued even if they had, the documents would have supported their belief that G&B 11 A-2306-19 owned the …
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A-5028-16T1 Opinionnjcourts.gov… $3 fee. A plain reading of GEPAA, however, does not support such a construction. 14 A-5028-16T1 The "obligation" …
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A-1981-20 Opinionnjcourts.gov… as soon thereafter as possible. The application, maps and supporting documents are on file in the Lakewood Township … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
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A-1355-21 Opinionnjcourts.gov… we 'defer to the factual findings of the trial court . . . supported by sufficient evidence in the record,' because a … in custody.'" Ibid. (quoting P.Z., 152 N.J. at 102). The determination of whether a person is in custody is … N.J. 44 (1999). The "[d]efendant, his fiancée, and their children were taken to headquarters to give formal …
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A-0493-21 Opinionnjcourts.gov… Defendant moved to change the track assignment. In support of the motion, defense counsel certified that … requires a review of the medical records and a determination as to whether the physician deviated from … 14 (App. Div. 2016), in part because they involve a legal determination, specifically "the statutory interpretation …
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A-4894-17T4 Opinionnjcourts.gov… that defense counsel's argument had no merit or was not supported by legal or scientific authority. We are mindful …
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A-0847-18T1 Opinionnjcourts.gov… of counsel (IAC), and was assigned PCR counsel. To support his petition, defendant certified his "attorney … 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 speculation." …
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A-3399-18T1 Opinionnjcourts.gov… things needed are homeowners insurance, executed flood determination notice, and proof of deposit, which . . . the … While the judge "must accept as true all the evidence which supports the position of the party defending against the … summary judgment was appropriate, as, given our foregoing determinations, D'Agostino failed to prove that the Carlin …
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A-2292-17T1 Opinionnjcourts.gov… agreed with the State that defendant "advanced no proofs to support his claim of prejudice or anxiety." "[P]roof of …
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A-4412-16T2 Opinionnjcourts.gov… evidence in the case that you consider relevant to your determination whether the identifications were reliable. . . . … the Court noted: [S]ome of the factors pertinent to the determination of intoxication sufficient to satisfy the test … and argument. Finally, considering the substantial evidence supporting defendant's guilt the prosecutor's remarks did …
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A-1382-15T1/A-1614-15T1 Opinionnjcourts.gov… failed to receive a fair trial in light of repetitive, unsupported descriptions of facts made by the prosecutor … was "replete" with descriptions of facts that were never supported. Id. at 270-71. Also, the evidence the State …