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… on the presence of the four "fake" kilos of cocaine to support his theory, as well as Sergeant Webb's testimony. … in the area of the V-shaped cut on the top of the kilo. In support of this argument, defense counsel noted … 542; Fritz, 105 N.J. at 52. We agree with the PCR judge's determination that defendant failed to establish counsel was …
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… created for the purpose of providing maritime education to children." 436 N.J. Super. at 470-71. Before deeding the … the plaintiff's reliance on his expert's opinion to support his position "that the 'accident site was in a … Ibid. Likewise, here, we are satisfied the record does not support a finding of gross negligence by defendants that …
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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … owed no independent duty of care to the plaintiff's children, who were non-clients, to advise them of the tax … decided material facts in dispute, and made credibility determinations.4 We agree. 4 We reject OSBNJ's additional …
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… will be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that … from a "manifest lack of inherently credible evidence to support the 15 A-2588-17T1 finding, obvious overlooking or … of summary judgment motions, what must be presented in support of and in opposition to such motions, and the …
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… of parole ineligibility. Maldonado's factual basis supporting his guilty plea included 5 A-4621-16T2 statements … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998).] These determinations are "best made" through an evidentiary hearing. …
njcourts.gov
… set forth various mathematical calculations to make a determination that, for the [c]ourt rather, to determine that … State to cure at trial deficiencies that were necessary to support a foundation for an alcohol influence report, when … belief that Judge 12 A-2647-14T2 McGeady made credibility determinations regarding the testimony of Letavish and …
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… any facts during the course of discovery that would support a claim for liability. On July 27, 2016, the trial … his behalf. The judge found "no evidence in the record to support a finding" that defendants "knew or had reason to … We accord no "special deference" to a trial court's legal determinations. Manalapan Realty, L.P. v. Manalapan Twp. …
njcourts.gov
… 520, 540 (1995). We "must accept as true all evidence which supports the position of the party defending against the … plaintiff's injury was sufficiently immediate and direct to support a finding that it had 'control' of that elevator, … has control over it. Finally, plaintiff proffered evidence supporting an inference that Maik serviced the system on or …
njcourts.gov
… local zoning, N.J.S.A. 13:13A-2(a), and "coordinate and support activities by citizens' groups to promote and … sense, the power to reconsider, to rehear and to revise determinations may be regarded as inherent in administrative … agencies. This power to reappraise and modify prior determinations may be invoked by administrative agencies to …
njcourts.gov
… the GPS device was issued on February 19, 2013. It was supported by the affidavit of that date by New Jersey State … v. Demeter, 124 N.J. 374, 380-81 (1991). A probable cause determination must be based on the totality of the … should pay "substantial deference" to the discretionary determination of the judge who issued the warrant. Sullivan, …
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… relied on deposition testimony submitted by plaintiff in support of its motion from three of plaintiff's employees. … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … on the issues, we need not address the trial court's determination regarding a de facto merger. Affirmed. … COOPER …
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… records. Defendant contends the medical records would have supported an argument that Spratt's death was the result of … were an "alternative theory of causation." However, in support of his PCR petition, defendant did not present an … to decide against testifying at trial. The record does not support defendant's argument. At trial, the judge questioned …
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… 2:11 p.m., his 1 Because the victim, Nelson Martin, and his children share a common surname, this opinion refers to them … In the first trial, the defense used the March 15 draft in support of its theory that Debler or Koons committed the … its apparent prejudice. [Id. at 338 (citation omitted).] Determinations on the admissibility of such evidence "are left …
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… history from the record reviewed by the Director of DMAHS, supporting both decisions. A. E.D. is an adult woman … the reasons for doing so must be clearly stated. Dep't of Children & Families, Div. of Youth & Family Servs. v. C.H., … Lists, 106 N.J. 508, 518 (1987). Such action involves any determination made without 17 A-4246-16T1 a trial-type …
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… never ruled on the State's argument the Witt exception supported the warrantless search of defendant's car. Based … of an inventory search. Despite the absence of any evidence supporting the lawfulness of an inventory search of … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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… find no merit to this contention. 6 A-1207-19 Initially, in support of his contention, defendant identifies several … 479 (2017)). Even where we determine that an evidentiary determination constituted an abuse of discretion, "we must … court accepted defendant's representation about his having children and the need to support them. However, after …
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… the Difference Card was a form of insurance premium was supported by the record and fits within the terms of the … The Appellate Division found nothing in the record to support the FMBA's argument that lieutenants should receive … the arbitral award. We find that the arbitrator's award is supported by a reasonably debatable interpretation of the …
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… judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … State, 357 N.J. Super. 560, 590 (App. Div. 2003). "[F]ee determinations by trial courts will be disturbed only on the … perform its function of deciding whether the 15 A-3890-18 determination below is supported by substantial credible proof …
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… the court, we reverse. The competent evidence does not support the court's findings and ultimate legal conclusion … I'm looking for another place its just harder having the children. Also . . . my husband works out of state and is … knowledge which are capable of immediate 17 A-3555-17T1 determination by resort to sources whose accuracy cannot …
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… 2015 provide defendant "[n]ow wants a Krol"2 hearing. In support of his PCR claim, defendant presented the report of … a serious mental illness at the time of the incident to support a defense of insanity or diminished capacity." … at 592. Therefore, the record fully supports the court's determination that defendant should not have been allowed to …