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njcourts.gov
… in a motion to suppress provided those 'findings are "supported by sufficient credible evidence in the record."'" … in the photo array identification procedure finds no support in the plain language of Rule 3:11(a). We also … See Burgos v. State, 222 N.J. 175, 203 (2015) ("We do not support interpretations that render statutory language as …
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njcourts.gov
… stating that the trial court’s factual findings do not support, but rather undermine, the majority’s conclusion … factor, but not dispositive, “in making an abandonment determination.” Moreover, in the court’s view, the State did … (2012). For that reason, generally, the probable-cause determination for the search of a home is made “by a judicial …
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njcourts.gov
… the Court must examine not only whether the allegations are supported but also who bore responsibility for certain … It observes that the special master made no credibility determinations. It also contends that the DRB appropriately … has the authority, on its own motion, “to review any determination” by the DRB when disbarment has not been …
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njcourts.gov
… obsolescence because he found nothing in the discovery to support a finding of excess capacity, and certainly nothing … arbitrary or there is a lack of substantial evidence to support them." First Republic Corp. of Am. v. Borough of E. … Moreover, there was ample substantial credible evidence to support the Tax Court judge's finding that the trended cost …
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njcourts.gov
… merger, the judge stated that he had already made his determination and that the time to have raised it would have … BE RESENTENCED AS A RESULT OF THE JUDGE'S INSUFFICIENT SUPPORT FOR THE AGGRAVATING FACTOR AND THE JUDGE'S FAILURE … (quoting State v. Walker, 203 N.J. 73, 90, (2010)). In support of the argument, defendant relies on the holding in …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of …
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njcourts.gov
… crimes alleged in the indictment. Thus, the record does not support defendant's contention that the trial judge denied … He argues that the State's evidence was insufficient to support the jury's verdict. Defendant asserts that the State … 28 A-0365-18 On appeal, our review "is limited to a determination of whether the trial court could reasonably have …
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njcourts.gov
… s personal opinion, he [did] not offer any factual basis to support this opinion." 22 A-4058-18 As to the issue of using … by substantial evidence in the record and his legal determinations are consonant with applicable legal principles. … v. Berry, 140 N.J. 280, 293 (1995)). "As a discovery determination, a trial court's grant or denial of a motion to …
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njcourts.gov
… D. Parsons, Jr., a partner in Parsons and Nardelli, in support of the application. Parsons passed away prior to the … According to the court, 15 A-3210-14T2 [t]he ultimate determination of whether the order was violated is a decision … orders and subsequent orders and to make an honest, fair determination as to whether the order was violated by …
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njcourts.gov
… to his client SWJ. Blake urges us to reverse the judge's determination regarding standing, or alternatively, declare … I. We begin by reciting our standard of review. Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … sign of injury. Cassidy certified Shaw also reported his determination that plaintiff was under the influence of … or dismissal.'" N.E. ex rel. J.V. v. State Dep't of Children & Families, Div. of Youth & Family Servs., 449 N.J. …
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njcourts.gov
… analysis of the aggravating and mitigating factors was supported by the record. 1. N.J.S.A. 2C:39-5(e)(1) states, … it would be rewriting its essential requirements. That determination is for the Legislature. The Court vacates … An appellate court reviews the trial court’s sentencing determination under a deferential standard of review and is …
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njcourts.gov
… giving due deference to the municipal court’s credibility determinations, the Law Division found defendant guilty of … therefore found defendant guilty. The court’s credibility determinations, however, were made after the DDR and the DDQ … the sufficiency of the foundational documents offered in support of the Alcotest, but did not decide the …
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A-39-23 Answering Brief
Briefs
njcourts.gov
… Policy, presumably because the language itself does not support its arguments. The Insuring Agreement of Part One … One of the Hartford Policy clearly does not apply. With no support from the language of Hartford Policy, SIR relies … of SIR’s Third-Party Complaint is appropriate. . . . In support of its cross-motion for summary judgment, SIR cites …
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A-1672-23 Briefs
Briefs
njcourts.gov
… Settlement, Filed Nov. 29, 2023 Da1 Certification in Support of Motion to Enforce Settlement Da3 Exhibit A to … of the Appellate Division, August 01, 2024, A-001672-23 5 supported by adequate, substantial, and credible evidence.’ … contradicted by her certification dated October 27, 2023 in support of her motion to withdraw as counsel for plaintiff. …
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njcourts.gov
… and a meritorious defense to plaintiff's claims. In support of the motion, Lisa submitted a 10 A-0308-22 … him. Lisa claimed she signed the certification filed in support of the first motion to vacate the judgment, which … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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A-2529-23 Briefs
Briefs
njcourts.gov
… Court, Appellate Division...10 I. THE RECORD DOES NOT SUPPORT A FINDING THAT SCARBOROUGH WAIVED HIS RIGHT TO … appeal arises from the trial court's clearly erroneous determination that Defendant waived his contractual right to … whether a Party waived its arbitration right is a legal determination subject to de novo review." Cole, 215 NJ at 275. …
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njcourts.gov
… action. However, we part company with the trial court's determination that the mold exclusion endorsement is ambiguous … corporate umbrella. The court noted two reasons to support this conclusion: (1) the plain language of the … interpretation of an insurance policy's terms is a legal determination, not a factual inquiry, and is accordingly …
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A-24-24 Amicus Curiae Brief Seton Hall Law School Center for Social Justice
Briefs
njcourts.gov
… HALL UNIVERSITY SCHOOL OF LAW CENTER FOR SOCIAL JUSTICE In Support of Petitioner-Appellant SETON HALL UNIVERSITY SCHOOL … (c); and—challenged here—the three-member panel’s determinations under N.J.A.C. 10A:71-3.21(d) to: depart from … set forth the process that normally governs parole determinations” for inmates such as Cowan subject to that …
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A-3467-23 Briefs
Briefs
njcourts.gov
… Letter Memorandum of Law in lieu of a more formal brief in support of the within Defendant-Appellant's appeal. … same, when issues on appeal are decided on purely legal determinations, the Appellate Division's review is plenary. … aside “concurrent findings of facts and credibility determinations made by” the Law Division and the Municipal …