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njcourts.gov
… 6 A-1719-17T1 failed to provide any documentary evidence to support the assertion that the remediation costs were paid. … $250,000. Second, defendant argues that the judge's determination that the NFA letter satisfied the … than what was awarded. Our review of the trial court's determinations following a non-jury trial is a limited one. …
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njcourts.gov
… Appellant contends there was insufficient evidence to support the award, requiring its reversal. We affirm. While … evidence of a functional restriction of the body. The determination cannot rest upon the employee's "subjective … argues that the judge of compensation erred in his determination of permanent disability because he relied on …
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njcourts.gov
… POINT I: [DEFENDANT] IS NOT GUILTY OF REFUSAL. In support, she argues that her hearing impairment prevented … and gave deference to the municipal judge's credibility determinations. After weighing the evidence "de novo[,]" the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… POINT I OFFICERS LACKED SPECIFIC, ARTICULABLE FACTS SUPPORTING THEIR DECISION TO IMMEDIATELY FRISK [DEFENDANT] … for commitment. This appeal ensued. Our review of a determination of a motion to suppress evidence is limited, and … 222 N.J. at 266. 13 A-5130-17T4 We agree with the judge's determination that Ledet was not interrogating defendant. …
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njcourts.gov
… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … nothing arbitrary, capricious, or unreasonable about that determination. The Board was not required to accept the … arbitrary, capricious, or unreasonable in the Board's determination that, on balance, granting the variances would …
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njcourts.gov
… regarding its meaning. Where the policy language will support two interpretations, only one of which will support a finding of coverage, the court will choose the … restrictive than the phrase “arising out of”, this is not supported by the language of the insurance policy. The term …
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njcourts.gov
… unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 … is, again, signed by Zerella. The record before us fails to support defendant's allegation that Pancari undertook any … Zerella were partners, there is no evidence in the record supporting a theory that Pancari had access to any …
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njcourts.gov
… court," and we accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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njcourts.gov
… finding aggravating factors one and two: In this matter, supporting those factors, by the facts on this case, the … emphasis on two crimes and two attacks was central to its determination to impose consecutive sentences under Yarbough. … number three, the risk of re-offense. The court based its determination on defendant's record, including her "lack of …
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njcourts.gov
… only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … by reference to the existing record, and a 6 A-3201-15T3 determination that an evidentiary hearing is necessary to …
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njcourts.gov
… was reasonable under prevailing norms." The judge found no support in the record of unprofessional errors or that the … only upon the establishment of a prima facie case in support of post- conviction relief[.]" R. 3:22-10(b). "To … "We accord substantial deference to the discretionary determination resulting in the issuance of the warrant." State …
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njcourts.gov
… its interrogatory answer to plaintiff's request for facts supporting its affirmative defenses. That answer … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … credibility assessment, as long as such fact-findings are supported by "adequate, 10 A-1356-19 substantial, credible … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the …
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njcourts.gov
… "apply the same standards used by the trial court in its determination of [a] defendant's motion for a judgment of … and video. 10 A-0325-18T4 The trial court's findings were supported by sufficient credible evidence in the record and … was seen passing it, strongly supported the trial court's determination as to B.J. See State v. Carroll, 256 N.J. Super. …
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njcourts.gov
… that he will continue the crime spree that he was on to support the habit." Although defendant had many open … provides, The hearing may be reopened, before or after a determination by the court, at any time before trial, if the … that released defendant made assumptions that were not supported by the record. Defendant already was on the …
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njcourts.gov
… Act. Plaintiff's complaint contained a single sentence in support of his claims against defendant, which read as … applying the same standard governing the trial judge's determination. RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of this affirmative defense had no bearing on the judge's determination. We next review plaintiff's contention the judge …
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njcourts.gov
… justice." State v. Roach, 146 N.J. 208, 231 (1996). In support of his argument, however, defendant cites only to … take that data into account at sentencing. 12 A-3214-18 In support of his argument defendant relies on: (1) a February … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
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njcourts.gov
… we affirm. 3 A-1577-19 I. The New Jersey Legislature supports eligible hospitals with subsidies and annually … the Department denied Inspira's appeal in a final agency determination. In its decision, the Department explained that … Inspira now appeals from the Department's final agency determination. II. In its appeal to us, Inspira makes three …
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njcourts.gov
… [d]efendant had that the police mishandled the evidence" supporting the State's case. When a defendant "claims his … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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njcourts.gov
… petition. Appointed counsel filed a supplemental brief in support of defendant's petition. Defendant raises the … we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … that had he done so, Nadeau would have exonerated him. In support of this claim, defendant presents Nadeau's affidavit …