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… VIOLATION. POINT II THE LAW DIVISION ERRED IN ITS UNSUPPORTED RELIANCE UPON THE CREDIBILITY FINDINGS OF THE MUNICIPAL TRIAL COURT AND IN FAILING TO MAKE ITS OWN DETERMINATIONS AS TO THE CREDIBILITY OF TESTIMONIAL EVIDENCE … DIVISION ERRED IN ADJUDICATING [DEFENDANT] GUILTY AS THE DETERMINATION WAS AGAINST THE WEIGHT OF THE CREDIBLE EVIDENCE. …
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… lived, to show her the video and investigate whether her children knew anything about the incident. K.T. questioned … in the Senate race and, according to plaintiff, offered her support to others at HPD seeking to "oust" Chief Zisa … Rather, the "key to the 24 A-0631-21 absolute immunity determination" is "the underlying function that the …
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… on the record the right to appeal from the adverse determination of any specified pretrial motion." The … is the man in the BOLO and surveillance footage." In support, the judge pointed out that "the State [did] not … the witness's testimony or by shedding light on the determination of a disputed factual issue." Sanchez, 247 N.J. …
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… years old and defendant forty-six; they share two children. In 2017, Faith and the children moved into her … to prove or disprove any fact of consequence to the determination of the action.'" Ibid. (quoting N.J.R.E. 401). … police a month to find him in Florida," without evidentiary support that the police were searching for defendant during …
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… . in ensuring an adequate supply of marijuana"; "community support and participation"; and "ability to provide … capricious, or unreasonable, or that it lacks fair support in the record." Circus Liquors, Inc. v. Governing … with no certification and that submitted no evidence supporting their ability to qualify in the future, or their …
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… of any such duty, as well as the evidence presented to support proximate cause in this case. Robert Friedauer and … of Christopher’s dependents, plaintiff and her two minor children. He testified that he had no reason to expect that … plaintiff presented sufficient evidence to warrant a jury determination whether defendant breached a duty to inform …
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… We agree and affirm. There is ample evidence in the record supporting the Planning Board's approval of the C variance requested, and its determination a D variance was not required. In November 2019, … plaintiff has provided us no valid basis to reverse the determination of the trial judge upholding 144 First Holdings' …
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… fact Ulrich thought the parking lot needed to be repaved supports plaintiff's argument as she "readily concede[d] … are 3 132 N.J. 426, 438 (1996) (setting forth that the determination of whether a duty exists requires consideration … of fact. Vincitore, 169 N.J. at 123. Nonetheless, that determination is subject to the court's preliminary assessment …
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… his view of defendant’s actions. Those comments, which supported the State’s position as to sharply disputed facts, … video. Second, defendant made several key admissions that supported the State’s theory that he shot at McGhee to avoid … the witness’s testimony or by shedding light on the determination of a disputed factual issue.” State v. Higgs, …
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… argued they each failed to provide a reliable basis to support their opinions that the silicone particulate could … v. Mynster, 213 N.J. 463, 478 (2013). "Preemption determinations are reviewed de novo, as are the issues of … The sufficiency of circumstantial evidence is a factual determination. See Moraca, 66 N.J. at 458. "If the proofs …
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… conservation restriction area, specifically those documents supporting the project's compliance with the CZM High-Rise … Weehawken." Included with the revised application were new supporting and revised documents prepared by Bohler, … 7:7-15.14) This application contains a single structure supporting two (2) towers, 14-stories in height and while …
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… arguments in light of the record, we reverse the court's determination that Damien violated paragraphs (k)(8) and … who requested another practitioner perform a "clinically supported" diagnostic test, id. at (b)(2), to make that … Code violations by Dr. Damien that resulted in the determination that he is required to pay back any monies paid …
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… that neither of these witnesses provided competent evidence supporting the authenticity of the samples during the … products. Linda Fishbain testified that three of her childhood friends died of mesothelioma, and her mother … 553, 609 (2004). Here, plaintiff challenges the court's determination barring admission of the three purported vintage …
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… and because there was evidence in the record to support those charges, we reverse and remand for a new … Miranda rights. The State responds that the trial court's determination the State proved beyond a reasonable doubt … in the interview. We now review the trial court's determinations. C. The Fifth Amendment to the United States …
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… so divergent," that the issue came down to a credibility determination. The judge stated he "clearly [found] that the … with police. We also find no error with the judge's determination that police properly asked defendants to exit … reliance on the Strip Search Act, N.J.S.A. 2A:161A-1, in support of his contention the search was unlawful, is …
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… CREDIT. Appellate review of a trial court's evidentiary determinations is limited to examining the decision for abuse … anew the record on which the trial court's admissibility determination was based." Ibid. Generally, evidentiary … gathered from the circumstances if the facts 16 A-2501-17T3 support the inference.'" State v. Prall, 231 N.J. 567, 585 …
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… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … (1) his sister accompanied him to the interview and her children were also being investigated in this case; (2) … of proof is similar to the one that guides a grand jury's determination whether or not to indict. Id. at 205–06. 11 As a …
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… altercations between [defendant] and Bostic in its determination of whether [defendant] was reasonably provoked … N.J. 112 (1991), and State v. Bonano, 59 N.J. 515 (1971) to support his contention that tailoring was warranted, but his … Defendant cites State v. Randolph, 228 N.J. 566 (2017) to support his contention that the flight charge should have …
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… were "mischaracterized as a personal disagreement." To support her claims of retaliation and IIED, plaintiff largely relied on the allegations used to support her hostile work environment claim. With respect to … his wife's personal problems stemming from her difficult childhood; on another occasion, he told her his sister was …
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… OF WHICH PARTICULAR OFFENSE WAS THE SUBJECT OF THE JURY'S DETERMINATION. [U.S. CONSTITUTION, AMENDMENTS V AND XIV; N.J. … his friend with whom he met with after beating the victim supported his request for the charge. He argues that with … the Court described "some of the factors pertinent to the determination of intoxication sufficient to satisfy the test …