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… all the facts and providing all applicable evidence to support the taxpayer’s claim, must be submitted in order to … other than a delegation to Taxation for a discretionary determination in this regard. What is problematic, per LTC, is … its decision on constitutional considerations, such legal determinations do not receive even a presumption of …
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… Complaint and 7 However, under its preliminary statement in support of its motion for summary judgment, the Board … a motion for summary judgment under R. 4:46-2, the determination whether there exists a genuine issue with … judgment. 15 “need for an equalization table and for a determination of the ratio of assessment to true value for …
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… string of messages online, targeting Plaintiff not only to support their arbitration defense but also to cause … documents are exempt from disclosure much less made a determination that no such exemptions 18 government can assert …
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… for reversal 'unless allegations . . . are completely unsupported by the evidence and there is a showing of … and mitigating factors applied by the trial court are not supported by the evidence, or applying the guidelines …
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… time as substantial. . . . [T]here must be a modicum of support for the invoked government interest." E & J …
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… Rose, 206 N.J. at 177). As such, "[t]he threshold determination under Rule 404(b) is whether the evidence … and reasonably close in time to the offense charged; (3) supported by clear and convincing evidence; and (4) its … with five years subject to NERA. We review sentencing determinations under a deferential standard. State v. Grate, …
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… to talk about money. He wanted Calderon there for "moral support," fearing that the victim "was going to do something … threatened by Calderon's repeated references to women and children in general. He watched as Calderon walked outside … Ordinarily we review a trial court's evidentiary determinations with 28 A-4457-16T2 substantial deference. …
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… with Alzheimer's disease and dementia. She had four children: Brenda, Lyle, Kyle, and Melodie, who is Jennifer's … defendants did not appear; the probate court made a final determination that in September 2007, decedent had diminished … the judge reconsidered and determined the evidence did not support the jury's finding of joint enterprise and 9 R. …
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… if "the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Rieder, … The heightened pleading requirement "serves to permit a determination whether a failure to warn claim is preempted by …
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… of aggravating factors three, six, and nine is fully supported by the record, as is the finding that the …
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… responded that's all anyone could ask. Juror 7, who had children, was an accountant who worked "in mutual funds" for … both the United States and New Jersey Constitutions, the determination of whether the prosecution has exercised … impermissible manner. That determination is adequately supported by the record. Co- 31 A-1139-17T4 defendants were …
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… We are unpersuaded. A. A trial court's evidentiary determination that a witness is qualified to present expert … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. An explanation of … Court found sufficient evidence 22 A-1136-17T4 existed to support the finding that the weapon involved was a "firearm" …
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… Sholtis, 238 N.J. Super. at 28-29. We discern no support for the contention that the "frequency, regularity … the court did not limit the test to only summary judgment determinations. The Sholtis test requires plaintiff to prove …
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… N.J. 22, 47 (2019). This deference extends to a judge's determinations based not only on live testimony but also when … 412, 425 (2014). When the judge's factual findings are "not supported by sufficient credible evidence in the record," … alone are usually insufficient to justify a determination of involuntariness or lack of knowledge."). 26 …
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… this [c]ourt, or as presented by the defendant, that would support his claim of a reasonable expectation of privacy in …
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… court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … barred, plaintiffs may use them "as background evidence in support of [their] timely claim." Roa v. Roa, 200 N.J. 555, … 536 U.S. at 117).] "The policy concerns underpinning the determination in Shepherd in respect of LAD claims require the …
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… Plaintiff's appellate brief argues that her CRA claim is supported by rights under the Constitution and under the … Robinson v. Vivirito, 217 N.J. 199, 208 (2014). "The determination of the existence of a duty of care to avoid harm …
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… GROSS ABUSE OF DISCRETION. POINT FOUR THE TRIAL JUDGE'S DETERMINATION THAT THE PRISON TERMS IMPOSED ON THE TWO … to determine whether the jury has been tainted. That determination requires the trial court to consider the gravity … verdict inconsistent with the proofs adduced at trial was supported by the fact that juror seven's comments merely …
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… Here, the case law makes clear that any party may attack or support the credibility of a witness by direct and … Wade, 99 N.J. Super. 550, 556-57 (App. Div. 1968)). The determination of whether fairness requires inclusion of such …
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… and instead acknowledged its validity, has ample support in the record and is thus binding on appeal. See …