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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 …
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… who entered the cab. Nicolas knew one, J.N., since J.N.'s childhood. Nicolas recognized the other, later identified as … of Nicolas, but rather summarized the strong evidence supporting conviction and the inconsistencies in defendant's … to prove or disprove any fact of consequence to the determination of the action." (Emphasis added). Evidence "need …
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… was reached in the Wears' litigation. In reaching the determination on Selective's obligation to defend, the judge … for "bad faith" or failure to defend against Selective. In support of their motion, the Wears provided an expert report … of injury, separate and apart from mold. The judge's determination that Selective had a duty to defend was decided …
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… immature neurological development and damage caused by childhood abuse and other environmental factors." He also … did "not reflect 'irreparable corruption,'" including a determination of whether he was "sufficiently rehabilitated . … federal and State precedent on cruel and unusual punishment support a finding that the possibility of parole provides a …
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… is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable.” 135 … change would be granted.” Id. at 119. That substantive determination of probability must account for “the standard … evidence and admitting only evidence that would warrant or support a finding that a zoning change is probable.”). …
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… 230 N.J. at 170 (citing N.J.S.A. 2A:15-5.2(d)). In support of his motion, Fernandez likened his right to … this Court affords no special deference to the legal determinations of the trial court.” Cypress Point Condo. … (“Absent factual questions, this Court reviews legal determinations de novo.”). IV. The legal question before us is …
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… the cause for respondents (Haynes and Boone and Fox Rothschild, attorneys; Jonathan D. Pressment, of counsel and on … 187, 203 (3d Cir. 2016). The circuit court affirmed the determination that the other class representative lacked … in its distribution of tickets to the 2014 Super Bowl and supported that allegation with an expert’s report. The …
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… leaned down to pull weeds, she used her left arm to support her weight and did not place significant force on …