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… evidence in the case that you consider relevant to your determination whether the identifications were reliable. Keep … out-of-court identification, and jury's credibility determinations). � State v. Anthony, 237 N.J. 213, 234-235 … system … variables … for which [the Court] found scientific support that is generally accepted by experts.” Henderson, …
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… to establish a constitutional violation. United States v. Childress, 715 F. 2d 1313 (CA8 1983) (en banc), cert. … exander v. Louisiana, supra, at 629-631. These principles support our conclusion that a defendant may establish a … voir dire examination and in exercising his challenges may support or refute an inference of discriminatory purpose. …
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1;2"'1 1+ Jodi Sydell Rosenzweig (NJ ID No. 016281983) &BZ~ Heidi E. Hilgendorff (NJ 1DNo. 028181998) DRD\KERBIDDLE & REATH UP A Delaware Limited Liability Partnership 600 Campus Drive FILEDFlorham Park, New Jersey 079321047 …
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… 327, 344-45 (2002). Thus, we agree with the trial court's determination that plaintiffs' covenant of good faith and fair … obligations"; and (5) SCF's assumption of the lease was supported by valuable consideration, namely access to the …
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… survivorship claim recovery, was extinguished; (3) a determination of the maximum Medicaid reimbursement amount … reimbursement out of any tort A-1724-23 11 recovery." In support of these arguments, the Estate argues any … source of funds dictates the Division's reimbursement is unsupported because federal and state statutes plainly provide …
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… reviewing the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the … as parents, to respond to a felt unjust abuse of their children….judges must always be conscious that they not blur …
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… in scope. Defendant offers no new information or legal support warranting re-litigation of any sentencing issues. …
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… "any new legal issues, nor [did] it offer any factual determinations or legal rulings that were made in error during … plaintiff waived defendant's CFA obligations. "Final determinations made by the trial court in a non-jury case are … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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… for decedent's property. The Estate has cited no authority supporting this contention. 15 A-1242-23 We observe that … 320 (App. Div. 2012)). We have long recognized that mere unsupported statements and "uncorroborated testimony of . . . …
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… the dismissal, concluding the AOM was insufficient to support the plaintiff's vicarious liability claim because … issue. The court was not tasked with making a factual determination as to whether Helping Hand will ultimately be … liable for the Wedgewood defendants' actions. That determination could not be made on this sparse record, and the …
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… The judge further noted defendant was single with no children and has a mother and brother who lived in Georgia. … evidence within . . . the testimony that 11 A-3617-22 supports that the victim in this case was the initial … going to be a hardship to family members, to loved ones, to children ." 12 A-3617-22 The judge also gave "some weight" …
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… of evidence, but must accept as true all the evidence supporting the party opposing the motion, and accord [that …
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… we defer "to the trial court's factual findings that are supported by sufficient credible evidence in the record and … translation, we lack the ability to make a substantive determination on appeal. On remand, the State shall supplement … relating to Detective Foster's testimony. The credibility determinations are significant since the only Miranda waiver …
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… filed a declaratory judgment action seeking a determination that it had complied with its fair share housing … more fully below, granted summary judgment noting a determination on whether Freehold failed to create a realistic … with . . . Freehold would have been futile is not factually supported and is thus rejected by this court." We find no …
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… applies to [plaintiffs] is trumped by the [c]ourt's determination that a [twenty]- year limitations period is … I, we discern no abuse of discretion in the judge's determination of the applicability of both the 2009 and 2019 … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant, …
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… also denied plaintiff's motion to amend based on its determination the amendment would have been futile because it … the case; however, the denial of plaintiff's motion is well-supported in the remainder of the court's decision. The … 555 U.S. 223, 236 (2009). We agree with the trial court's determination Sessomes was entitled to qualified immunity for …
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… is sufficient credible evidence present in the record to support the findings of the Law Division judge, not the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… the existence of genuine issues of material fact that could support plaintiff's claim that the firm owed him and … to grant or withhold summary judgment does not hinge upon determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). More specifically here, "the question of …
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… "derived from a sound and well-founded methodology that is supported by some expert consensus in the appropriate …
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… Avenue and struck a vehicle occupied by a woman and four children. The NPD claimed Soares thereafter falsified his … contended the arbitrator "lack[ed] jurisdiction to make a determination concerning a major discipline pursuant to … The City thereafter filed a two-count verified complaint in support of its application for an order to show cause in the …