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… we afford no special deference to the trial court's determination 9 A-4358-15T3 of that issue. Hirsch v. Amper … ("[S]tate contract-law principles generally govern a determination whether a valid agreement to arbitrate exists." … of contract law." (citations omitted)). The record supports the trial court's determination that there was no …
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… "unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence … R. 2:11-3(e)(1)(E). Defendant acknowledges no authority supports his argument that a California penal statute5 …
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… narcotics, and that this probable cause constitutionally supported the second search, no warrant being required in … this argument. The initial frisk of Ybarra was simply not supported by a reasonable belief that he was armed and … any threatening or furtive conduct by defendant that would support a reasonable belief that he was armed and dangerous. …
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… the police that two members of the group had guns, and that children were in the same area. Further, the caller stated … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when those findings are supported by sufficient credible evidence in the record." …
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… for failing to raise the issue on direct appeal. In support, counsel supplied the October 2019 report of Dr. … and 'we will uphold the PCR court's findings that are supported by 7 A-0432-21 sufficient credible evidence in the … of . . . Dr. Taff confirm[ed]" trial counsel's belief. Supported by extensive citation to the trial transcript, …
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… not have standing to sue, the Plaintiff provided no legal support for that argument. As noted by Defense counsel, … class action. The efficiency and economy of litigation that support tolling of individual claims, does not support maintenance of untimely successive class actions ... …
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… found petitioner did not provide any information to support her belief that the OAL matter remained pending. The … the status of the OAL matter at this point may have supported their contention that they believed the hearing … in a particular field, we "need not defer to an agency's determination of a question of law not inextricably related to …
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… a golf cart within "a couple of months," and the Board's determination that RG did not make such a commitment was … v. Bd. of Rev., 152 N.J. 197, 218 (1997). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
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… outweighed the non-existent mitigating factors. In support of aggravating factors three and six, the risk that … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assistance of counsel." Ibid. He must provide facts to support his allegations. Ibid. This is because there is a …
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… to amend its interrogatory responses and produce additional supporting documents without seeking leave of court. On … 59:4- 6, and discretionary immunity, N.J.S.A. 59:2-3(a). In support of its motion, 5 A-3837-21 defendant provided, among … "When 'a trial court is "confronted with an evidence determination precedent to ruling on a summary judgment …
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… instance: (1) "George and Ras claimed, without documentary support , that they were unable to post a bond," ibid.; (2) … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a … ed. 1918)). We "decline to intervene [regarding a judge's determination of an appropriate equitable remedy] absent an …
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… March 30, 2023, leaving behind his wife Kriezl, four minor children, parents and a brother. Jason died intestate and … for their pain and suffering and loss of companionship and support due to Jason's absence in their lives; and (7) … substantial-credible- evidence standard to credibility determinations in a summary action). "At the conclusion of the …
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… "[n]o. Never—I never even seen these kids." Naquan Sims, a childhood friend of defendant, testified he was in a … rejected defendant's argument that his convictions were not supported by the trial record because Sims was not a … 181 N.J. 391, 421 (2004)). We review the PCR court's determination to proceed without an evidentiary hearing under …
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… but rather was grounded in a "wealth of evidence that . . . supports the [defendant's] conviction." As such, defense … no showing that trial counsel "mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing" that an error or violation "played a role in the determination of guilt." Mitchell, 126 N.J. at 587 (quoting …
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… lacked any factual or legal basis under RPC 1.18. II. The determination of whether counsel should be disqualified is … hearing, we defer to its findings of fact that are supported by substantial credible evidence, State v. Pierre, … 192; see also O Builders, 206 N.J. at 126 (explaining the determination of whether information disclosed by a former …
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… and will uphold those findings when they are 7 A-1157-22 supported by sufficient, credible evidence in the record. … Defendant contends that because the stop was not supported by a reasonable, articulable suspicion of a … of well-established law. Our examination of the record supports the trial court's findings of fact and conclusions …
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… reasoned that its "careful reading of Buck and its progeny support[ed] [its] conclusion that the language relied upon … a supplemental brief asserting that Wiggins clearly supports dismissal here. 2 As of this time, the plaintiff in … uncontested, grounds in the record to support the court's determination of the "involved" subspecialty. Putting aside …
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… OF THE NEW JERSEY STATE PAROLE BOARD DENYING PAROLE WAS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD AND … behavior." N.J.A.C. 10A:71-3.21(d). In making that determination, the panel shall consider the same … the Board's well-reasoned final agency decision, which is supported by sufficient credible evidence. R. …
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… that both were untethered to any explanation as to how they supported a permanency 4 A-4498-16T1 diagnosis under AICRA. … Gaffney could not properly testify as to his permanency determinations because his opinions constituted inadmissible … part on the CT Scan report. Although not necessary to our determination that Dr. Gaffney's report otherwise contained …
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… fell was located on the sidewalk provided ample evidence supporting 8 A-2029-17T3 the court's charge to the jury. See … as there is a reasonable factual basis in the evidence to support that claim or defense."). We are also unpersuaded by … on residential sidewalk liability was conditioned on a determination that the ice that caused plaintiff's fall was …