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… and particularized suspicion of criminal activity that supported Hanrahan's stop of the taxicab. The court also … this appeal, defendant argues: POINT I THE TRIAL COURT'S DETERMINATION THAT THE POLICE OFFICER HAD A VALID BASIS TO … disagreement with the trial court's credibility determinations and factual inferences is not a basis for …
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … evidence 14 A-2668-23 support[ing] the trial court's determination that . . . consent was voluntary under the … appellate court should reverse only when it finds that determination to be clearly erroneous.'" Williams, 461 N.J. …
njcourts.gov
… of plaintiff's application was based on numerous factors supported by sufficient credible evidence in the record. … on the property were built prior to those zoning determinations. The parties on appeal claim1 the property is … testimony, lay witness testimony, and other evidence in support of the application. The Board unanimously denied …
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… us to reverse, contending the PCR judge's findings are not supported by the record. Having considered the record … 621-22. The PCR judge concluded defendant's claims were unsupported and contrary to the record. Id. at 622. Defendant … defendant's assertions against plea counsel [we]re now supported by the sworn statements of that same attorney," an …
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njcourts.gov
… screen. Licensed marine engineers compiled the accompanying supporting documentation, which included a project 1 A wave … arbitrary, capricious, or unreasonable about the NJDEP's determinations concerning Hartz's rights under the RCOEA and … "vessel traffic" and "water depth," and "shall" make such determinations "on a case-by-case basis." N.J.A.C. …
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njcourts.gov
… we defer to the judge of compensation's credibility determinations and because the decision was supported by sufficient credible evidence in the record, we … believe her subjective complaints." He did not make any determination as to the causation of her RSD because he …
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njcourts.gov
… sentencing court failed to place on the record its factual support for the aggravating factors. We affirm in part and … to prove or disprove any fact of consequence to the determination of the action." Rose, 206 N.J. at 160. The … consider the surrounding circumstances to find adequate "support that the third prong of Cofield was satisfied." …
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njcourts.gov
… 2. The Legome Defendants conceded in their briefs in support of summary judgment that 8 A-1886-20 Legome's … or made and intended to be presented to Plaintiffs in support of a claim for payment or other benefit under an … Court Relied Upon Factual Information Not in the Record to Support its Flawed Conclusion. 9 A-1886-20 POINT II The …
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njcourts.gov
… acre for the reasons stated in the judge's comprehensive supporting written decision. On appeal, defendant contends … explained that she had "confidence in [her] land value determination because it is supported by the current land … of valuation, [ the judge] reaffirm[ed her] prior determination of value for all four tax years," and held that …
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njcourts.gov
… motives for the promotion that were devoid of any factual support and fell short of showing that the decision to … Div. 2013)). A-1775-20 11 "We will not set aside the determination of an administrative agency" unless the … or by statute to be determined by an agency by decisions, determinations, or orders, addressed to them or disposing of …
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njcourts.gov
… defendant moved to withdraw his guilty plea. In a supporting certification, defendant asserted that despite … claim of innocence, did not provide any evidence to support his claim that he did not possess a weapon during … was excessive. We review a trial court's sentencing determination deferentially, State v. Lawless, 214 N.J. 594, …
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njcourts.gov
… this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. 6 A-3639-14T4 "The … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, 221 …
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njcourts.gov
… appealed, and the Appellate Division affirmed, finding no support in the relevant statutes for Carlstrom’s argument … permit to carry application, and the court shall make a determination within 14 days thereafter, absent extraordinary … meritorious on its face and, only if the judge makes that determination, to then conduct an evidentiary hearing, so long …
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njcourts.gov
… to compel production of the SCPO's investigative file. In support of their opposition and cross-motion to enforce the … but "neither entity ha[d] copies of the videos." In support of its motion to compel production of the SCPO's … ordered the parties to submit legal arguments to the court supporting their respective positions and directed the SCPO …
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njcourts.gov
… most favorable to plaintiff from the record submitted in support of and in opposition to defendants' motion for … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, … § 3.401 (2017). Five factors are relevant in making this determination: (1) whether the fees are commensurate with the …
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njcourts.gov
… portion of the trial court's instruction to the jury in support of his contention: You heard testimony that [the … instructed the jury sua sponte on show-ups. There is no support in the record for defendant's argument. The police … to life imprisonment. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
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njcourts.gov
… sustain' a lesser charge,". . . . Instead, the evidence supporting a lesser- included charge must "jump[ ] off the … jury charge, the evidence must rationally support only the first two elements; the subjective elements … as disclosed by the facts." Mauricio, 117 N.J. at 413. In support of his argument, defendant cites to State v. Coyle, …
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njcourts.gov
… ESTABLISH THAT THERE WERE EXIGENT CIRCUMSTANCES THAT WOULD SUPPORT THE WARR[A]NTLESS SEARCH OF DEFENDANT'S AUTOMOBILE. … the corroboration of the unidentified detective enough to support probable cause of the search by a preponderance of … evidence to suggest the two preplanned the conversation to support the search as a result of the notice. 10 A-2354-18T2 …
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njcourts.gov
… foreclosure action, and redeem the tax sale certificate. In support, Huntington's attorney and member certified that 5 … consideration." According to the judge, to make that determination, he needed to evaluate "the amount received, … address the varying circumstances that may bear on a fair determination of the issue. The court may consider a number of …
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njcourts.gov
… deadline. On June 15, 2018, PCR counsel filed a brief in support of defendant 's petition, arguing that defendant's … to the trial court. Defendant advanced three arguments to support his PCR claim that trial counsel afforded … command that a sentencing judge 'take into account how children are different, and how those differences counsel …