njcourts.gov
… an expert witness, familiar with Wegner's condition, to support such an inference. We reject defendants' argument …
njcourts.gov
… to request a Clawans charge. The trial record does not support the conclusion that the failure to interview McCrary …
njcourts.gov
… permission to file a late notice of claim[, which is] . . . supported by affidavits based upon personal knowledge of the … reliance on the Court's holding in Feinberg is equally unsupported by the difference in the relationship between the …
njcourts.gov
… curative instruction was given. We found the record did not support the claim of ineffective assistance of counsel. …
njcourts.gov
… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the facts." Id. at 49. Our review of a court's "legal determinations is plenary." State v. Handy, 206 N.J. 39, 45 … State v. Nunnally, 420 N.J. Super. 58 (App. Div. 2011), to support his claim the summons should be dismissed because …
njcourts.gov
… and the sixth point stated: "The [sentencing] judge's determination to impose parole disqualifiers on defendant's … on his third PCR that he filed in 2014. In his brief in support of his PCR, defendant argued his sentence was …
njcourts.gov
… we may review and modify a sentence when the judge's determination was "clearly mistaken." State v. Jabbour, 118 … goal, sentencing courts must "state . . . the factual basis supporting a finding of particular aggravating or mitigating …
njcourts.gov
… planter had been placed at the corner by the [B]orough." In support of its summary judgment motion, the Borough … an approved design. Plaintiff also argues the court's determination that the Borough had no notice, actual or …
njcourts.gov
… did not object to the jury charge at trial, which lends support to the "presumption that the charge was not error" …
njcourts.gov
… A domestic violence restraining order implies a judicial determination that a person barred from contact has engaged in … accompanied by a limiting instruction. The items did not support an element the State was required to 14 A-1341-18T2 …
njcourts.gov
… application was grandfathered and entitled to funding. In support, Pastor Enterprises cites our Supreme Court's … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Utley v. Bd. of … seeking IPG funding were subject to the Legislature's determination that limited public funds may be diverted from …
njcourts.gov
… Valley Reg'l High Sch. Bd. of Educ. v. Pascack Valley Reg'l Support Staff Ass'n, 192 N.J. 489, 496-97 (2007) (explaining … cannot realistically coexist with the agreement to submit determination of when and how that right can be exercised to … realistically coexist with the agreement to submit determination of when and how that right can be exercised to …
njcourts.gov
… and service of the legal malpractice expert report. In support of their proximate cause defense, defendants …
njcourts.gov
… Fowler was not involved in starting the fire. Indeed, in support of this strategy, the trial counsel called two alibi … fire, this wasn't a fire that smoldered. That was his determination. This fire was lit and caught up so you know it …
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… the plea." Both the State and defendant rely on Allegro to support their contentions. At the re-trial, the State moved … the petitioning defendant. Preciose, 129 N.J. at 462-63. Determinations of credibility should not be made solely based … defendant, and his trial counsel conflict, credibility determinations must be left for an evidentiary hearing. In …
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… note that defendant has not renewed the arguments raised in support of his motion for a mistrial, and instead limits his … is preserved and remains intact until a final determination is reached." Corsaro, 107 N.J. at 349. As a …
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… in this regard. . . . As there is overwhelming evidence to support Judge Fitzpatrick's finding that [Mitchell's] … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … judgment motion dismissing Alpha's complaint. Given our determination, we need not address defendants' alternative …
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… them 'so long as sufficient credible evidence in the record supports those findings.'" State v. Nelson, 237 N.J. 540, … of control at the time of the search, not subsequent determinations of title or property rights, inform our …
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… to suppress if "there was substantial credible evidence to support the findings[,]" ibid. (quoting State v. Slockbower, …
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… is an out-of-network provider. It provides services to children with autism spectrum disorders, including applied … could review the increased rate request and make a final determination. Accordingly, on September 29, 2020, Penn … a claim upon which relief can be granted. Penn Medicine supported its motion with its attorney's certification and …