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A-21-24 Supplemental Respondent Brief
Briefs
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… the analogous provision of the Federal Rules of Evidence support affirmance of the decision below. A defendant may …
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… the text of the Manual, read in its entirety, does not support the State's claims. For example, the Manual clearly …
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njcourts.gov
… Birnboims on their CFA claims and remand that issue for a determination of the reasonable amount of fees related to the … are not challenging the sufficiency of the evidence supporting the jury verdict. Instead, they argue that, as a …
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njcourts.gov
… penalties on 13 A-1214-20 Dorine and seeks a remand for a determination of an appropriate remedy based on the Lewis5 … for ISRA compliance and a proposed CEA. The record supports the court's determination. The court's refusal to direct DEP to accept …
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… to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. Our Rules of … sufficient competent and credible evidence in the record in support of his application of aggravating factor three. …
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… testimonial hearing is demanded and required for a proper determination of the legality of the seizure in the case at … Super. at 214). "In the absence of factual allegations to support the claim that the search and seizure were illegal, …
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… for PSE&G from 1957 to 1980. Plaintiffs' allegations are supported by an expert opinion that Donald died from … for the court to decide." Robinson, 217 N.J. at 208. "The determination of the existence of a duty of care to avoid harm … in many cases a duty of care can arise simply from the determination of the foreseeability of harm, usually 'more is …
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… not "mount a bayonet . . . to the firearm when making a determination as to whether the firearm ha[d] that feature" … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … during the forfeiture hearings. Moreover, the judge's determination that petitioners' weapons were "substantially …
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… waiver fatal. DuBois, 189 N.J. at 475. A trial court's determination that a defendant knowingly and voluntarily … of the record shows a defendant who was dogged in his determination to self-represent, as evidenced by his conduct … in this opinion as the record either lacks factual support for, or blatantly contradicts, defendant's …
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… at 281. Moreover, a "failure to investigate will not alone support" recklessness. Ibid. As to demonstrating there was … Herskowitz. This argument lacks merit. 25 A-1312-21 The determination "of a motion to amend a pleading is generally …
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… the motion record. Frank, Jr., Cathy, and Patty are the children of Frank, Sr. and Patricia, who are now both … was granted on December 29, 2021. Defendants appealed the determination, and the appeal is currently pending. On January … confidential. During the July 8, 2022, hearing, to support defendants' motion to seal the record, defense …
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… prejudice to defendant. 17 A-2049-16T3 Those findings were supported by substantial, credible evidence in the record. …
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… of guilt, because "consciousness of guilt . . . [can] support an inference that [is] inconsistent with innocence …
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… (App. Div. 2016). We also review de novo a trial court's determination of whether an AOM is required; whether the court … (2014). Plaintiff did not provide an expert's report to support her theory of causation or to establish the standard …
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… measures, generously sustain that decision, provided it is supported by credible evidence in the record." Estate of … "fact" or "opinion" creates an artificial distinction. A determination of causation partakes of both fact and opinion. … must determine the cause of a disease, whether that determination is characterized as fact or opinion. As fact …
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… a third amended complaint, which proposed to add factual support for the fraud and defamation claims, rescind claims … by the statute of limitations, and the fraud claims were unsupported by any knowledge of collective conduct between … court's interpretation of N.J.S.A. 2A:53A- 27, and its determination that plaintiff was required to serve AOMs. We …
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… required legal analysis, not making all relevant factual determinations, and not conducting an evidentiary hearing … because he had demonstrated extraordinary circumstances. In support of that motion, plaintiff submitted his affidavit, … N.J. 335, 344 (2019) (noting N.J.S.A. 59:8- 9 leaves the determination of whether a late notice may be filed to "the …
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… claim, Judge Bumb found "the record evidence fails to support 17 A-4024-18 a finding that Cox retaliated against …
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… will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, 132 (App. Div. 2011), self-serving statements unsupported by legally competent evidence, Heyert v. Taddese, … N.J. Super. 374, 389 (App. Div. 1996). Similarly, "fee determinations by trial courts will be disturbed only on the …
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… law enforcement, or the State moved for a voluntariness determination. 9 A-5586-17 signed a Miranda card, indicating … Div.), certif. granted, 246 N.J. 146 (2021), to further support his belated argument. The State filed a responding … Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …