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… found the officers' testimony "factual, credible, and supported by the record." 5 Although the trial occurred … watery eyes, and smell of alcohol, and make credibility determinations to conclude defendant was operating the vehicle … Defendant attempted to undermine Waller's probable cause determination based on his administration of the field …
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… Therefore, the court noted that "three of the five factors" supported the imposition of concurrent terms. Despite most factors supporting the imposition of concurrent terms, the … "[l]ike any Yarbough analysis, the sentencing court's determination regarding consecutive and concurrent terms in …
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… the court's order and remand for further proceedings. I. In support of his motion for leave to file the late notice of … of claim presents an "entirely distinct" issue from the determination of the claim's accrual date. Beauchamp, 164 N.J. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
njcourts.gov
… at which time the landlord shall present specific reasons supported by any data or information he [or she] chooses to … years due to geese infestation, as they attack her grandchildren, and excrete "thousands of pieces" of feces. Lopes … before the Board justifies the conclusion that its determinations were arbitrary, capricious, and unreasonable, …
njcourts.gov
… filed a petition for post-conviction relief. In his supporting brief, defendant highlighted the disparity … and to call Alhaji Mustapha as a witness at trial. In support of his petition, defendant submitted documents … Mustapha or call him to testify 9 A-3998-22 at trial. In support of his petition for PCR, defendant alleged that …
njcourts.gov
… waived when the party failed to include any arguments supporting the contention in its brief). 3 A-3525-22 I. … at the designated site with the municipality's contrary determination about the permitted uses as expressed through … Ibid. We, like the trial court, review the Board's determination that plaintiffs' expert provided a net opinion …
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njcourts.gov
… expert's "testimony to be simply incorrect," providing no support for her determination that the Board's "expert testimony and opinion … (1995) (Handler, J., dissenting). We will not upset the determination of an administrative agency absent a showing …
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njcourts.gov
… Therefore, the court noted that "three of the five factors" supported the imposition of concurrent terms. Despite most factors supporting the imposition of concurrent terms, the … "[l]ike any Yarbough analysis, the sentencing court's determination regarding consecutive and concurrent terms in …
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njcourts.gov
… was afforded an opportunity to present evidence in support of his application. On November 29, 2018, the … In re Herrmann, 192 N.J. 19, 27 (2007). The "final determination of an administrative agency . . . is entitled to … "ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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njcourts.gov
… arguments to warrant discussion. R. 2:11-3(e)(1)(E). II. In support of its argument that the State Board acted … When the plain language of the statute does not guide our determination, we seek "further guidance only to the extent … [we] would come to the same conclusion if the original determination was [ours] to make, but rather whether the …
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njcourts.gov
… with prejudice. According to counsel's certification in support of the motion, because "more than sixty days ha[d] … Part VIII, inclusive, shall be construed to secure a just determination, simplicity in procedure, fairness in … the inquiry. We consider whether the record supports a determination that plaintiffs demonstrated good cause for the …
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njcourts.gov
… to obtain defendant's chemical breath test results, which supported the DWI charge.1 The State provided discovery to … (App. Div. 1995), certif. denied, 145 N.J. 376 (1996). A determination that a defendant voluntarily waived the right to … the 437-day period upon which defendant relies in our determination as to whether his trial rights were violated. …
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njcourts.gov
… the crime, and his minimization of his conduct. In support of the panel's determination, it attached addenda, which included a … purchased 10 A-2306-15T1 by the deceased. His wife and children stayed in New Jersey. Trial testimony showed that …
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njcourts.gov
… However, the court found the only evidence offered in support of this contention, the testimony of T.M. and … admitting the records of T.M.'s Facebook account, its determination that T.M. was the person communicating under the … conclusions. We also find no error in the trial court's determination regarding the admissibility of the Facebook …
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njcourts.gov
… would receive "$50,000 per year" as continued spousal support upon the decedent's passing. In May 2003, Seifert … to pay his obligation to the Estate. In a 10 A-0443-17T4 supporting certification, Farina's counsel asserted that his … a "clear abuse of discretion," only "disturb[ing] a fee determination . . . 'on the rarest of occasions . . . .'" …
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njcourts.gov
… Failed To Identify Sufficient Facts In The Record Supporting The CAFRA Permit Granted To [NJ Gas] For A … The Required Statutory Authority. The Department's determination, fairly supported by sufficient evidence in the … Associates, the Court expressly declined to address our determination that the executive director of the non-profit …
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njcourts.gov
… 5 A-2068-16T2 the State conceded, there was no evidence to support a conspiracy between Bartley and defendant with the … the jurors to consider all the evidence and to base their determination on same. We assume the jury followed the … wore buttons with a picture of Austin and his infant children and others wore golf shirts indicating a law 15 …
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njcourts.gov
… The trial judge acknowledged that she received letters in support of defendant's good character, which implicated … but 9 A-4322-17T4 declined to find that the factor was supported in this case. Specifically, the judge stated: I am … 15 (1990). Our review of a sentence is limited to whether determination of the sentencing factors was appropriate, …
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njcourts.gov
… advice of its counsel, that it was duty bound to "make a determination on the face of the complaint as to whether any … of proceedings before the Board contained testimony that supported this factual finding. However, we do not have … supporting any allegation of wrongdoing, supports the determination that they were not reciprocal events." The LFB …
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njcourts.gov
… defendant is entitled to an instruction on a lesser offense supported by the evidence regardless of whether that charge … to observe, without any scientific or similarly skilled determination. Id. at 294. It therefore adopted the rationale … were a "class match," leaving to the jury the ultimate determination. Reversed and remanded for a new trial. We do …