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njcourts.gov
… defendant, found he failed to submit any evidentiary support for his claims. The judge reviewed the questions and … hearing . . . to determine if either transcript provides support for an after-the-fact assertion that counsel failed … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines there are disputed …
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… judgment, requesting that the court uphold the Director’s determination consistent with the billing notice for … interest should not be abated as there is no authority to support reduction in this matter as plaintiff did not rely … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with …
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… situated to co-defendant, who was admitted to PTI. In support, defendant cited State v. Halm, 319 N.J. Super. 569 … third-degree count. The panel found that the record amply supported the finding that the defendants were not similarly … defendant’s application, citing the following factors to support the rejection: the nature of the offense, N.J.S.A. …
njcourts.gov
… arbitrator concluded, "[T]here is no competent evidence to support the assertion that NJNG should pay Risco 92 dollars … call,1 the arbitrator declined to reconsider his determination on reimbursement for Risco's technicians. He … "arbitrators exhaust their power when they make a final determination on the matters submitted to them. They have no …
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… The court further determined the evidence did not support a claim that plaintiff's injuries were the result of … erred by applying the incorrect legal standard in its determination plaintiff lacked evidence establishing … defendant summary judgment, in part based on the court's determination the exculpatory agreement the plaintiff had …
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… 14, 2021, and the trial for February 14, 2022. 4 While the supporting certification referred to plaintiff's "liability … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … to discovery extensions. Ibid. "However, 'we review legal determinations based on an interpretation of our court rules …
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… accommodate a mix of higher density residential uses with supportive neighborhood retail services, regional commercial … hearing regarding the SARP. The Council noted the Board's determination that the SARP was consistent with the Master … plan." On appeal, Jersey Shore contends the judge's determination was "nonsensical, and . . . indefensible . . . …
njcourts.gov
… opinions in this regard, maintaining they were well-supported and relevant. The trial court partially granted … by plaintiff, consistent with the court's earlier determination about the shortcomings of Dr. Pandina's reports. … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Townsend, 221 …
njcourts.gov
… 156 (2023). Defendant's supplemental brief asserts Smart supports the arguments raised in Point I above and requires … 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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… evidence under the Cofield test, we review de novo the determination that evidence is admissible under N.J.R.E. … State v. Darby, 174 N.J. 509, 518 (2002). In making its determination under N.J.R.E. 404(b), the court relied on … robbery and kidnapping. The statements attributed to Mosley support a finding of admissibility under the under the first …
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… defer to the factual findings of the trial court when supported by credible evidence in the record. See State v. … State v. Mann, 203 N.J. 328, 337 (2010). Here, the record supports the trial judge's findings that defendant … it did require sentencing judges "to take into account how children are different, and how those differences counsel …
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… he was arrested, his request to present expert testimony in support of that motion, and his motion for acquittal. He … in precluding defendant from offering expert testimony in support of his motion to suppress. Point 4 Defendant's … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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… plaintiff also cites section 821D of the Restatement to support his contention that the flooding initially … Frank, 445 N.J. Super. 98, 105 (App. Div. 2016). "Final determinations made by the trial court sitting in a non-jury … to accord deference to the trial court's credibility determination[s] and the judge's 'feel of the case' based upon …
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… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … an appellate court evaluates a trial court's evidentiary determinations with substantial deference." State v. Cole, 229 … of the trial court's time if perfectly sound jury verdicts, supported by sufficient evidence, are overturned based on …
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… swayed and staggered a bit but never had to be held up or supported "in any way." A video of defendant at the police … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. "[R]elevant … evidence or information that's not relevant to their determination in this case. Again, maybe it's relevant. Maybe …
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… search warrant was independently and amply justified by the supporting affidavit, which detailed reasons why the police … by the police in providing the affidavit. The affidavit was supported by probable cause, 11 A-1993-14T4 given the number … was sound and consistent with the law. We affirm those determinations. B. Ruiz-Negron argues that he was entitled to …
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… On appeal, defendant challenges the trial court's determination and jury instruction that the son was the … under N.J.R.E. 803(b)(4). After the judge made that determination, defense counsel agreed that the jury should be … the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" …
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… Underwood, his pregnant wife and the mother of two of his children. The petit jury found defendant guilty, and the … evidence, Rule 3:22-1. Defendant does not challenge that determination. 3 A-5419-14T4 the Supreme Court denied … failures of trial counsel. Defendant sought discovery in support of his claims. On February 5, 2007, his PCR-counsel …
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… 167 (1992). Accordingly, we presume a board's factual determinations to be valid, and we will only reverse if its … the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … 172 N.J. at 81. Initially, we consider the trial court's determination that the Board's decision was arbitrary, …
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… theory of liability, the judge found "there [was] no support in the evidentiary record" regarding "any unsafe … eyewitness testimony, finding nothing in the record to support a two-inch obstruction or acclivity in the roadway. … for the jury. See Vincitore, 169 N.J. at 130. However, a determination of palpable unreasonableness, "like any other …