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… motion orally. The State also filed a supplemental brief in support of its motion. Oral argument was heard on September … Case Unit of the U.S. Department of Justice for its determination, with consent of the Attorney General of the … designation of a case as complex requires a fact-specific determination unique to the case at bar. Equally clear is that …
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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. In response to the …
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… on his observations and the data collected, he made "a determination [of] how the ultimate crash occurred . . . [.]" … case? Really?" Such considerations have no place in the determination of a mistrial motion, but we decide only whether … is entitled to a charge on a lesser included offense supported by the evidence," State v. Short, 131 N.J. 47, 53 …
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… of that product during annual service visits. III. To support its demand for apportionment under the Act, … cross-claims are dismissed. Young, 123 N.J. at 599. This supports the proposition that, at trial, the non-settling … purposes of allocation under the Act, which requires a determination "in the form of a percentage, of each party's …
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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. Accordingly, we …
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… noted defendant failed to produce any medical records to support his claim. Initially, we note that defendant's … be commenced." Hogan, 144 N.J. at 235. "Credibility determinations and resolution of factual disputes are reserved … by well-settled principles. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 …
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… RITUALISTIC BLESSING AT DEFENDANT'S APARTMENT DOOR WITHOUT SUPPORTING TESTIMONY. POINT IX THE INSTRUCTIONS TO THE JURY … juror. State v. Kelly, 97 N.J. 178, 208-09 (1984). The determination of whether expert testimony is required and … certain experts who agreed that they could not make a determination as to whether Acosta had a condition that …
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… the hospital, defendant said he was upset that "he let his children 3 At trial, the parties stipulated that the phone … instructions," we "should give equal deference to the determination of the trial court" and reverse only when the … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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… . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. According plaintiff all reasonable and … property that is physically possible, appropriately supported, financially feasible, and that results in the …
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… placed it in his jeans pocket before he put them on. In support, defendant sought to call his mother, Darlene … events. The Appellate Division affirmed the trial court’s determination that the evidence was admissible based upon the … dealing with issues of this nature, the Judge makes a determination but he does not have to apply strictly the rules …
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… decision regarding the validity of a local board's determination, "we are bound by the same standards as was the … N.J. 75, 89 (2002). Courts review de novo local boards' determinations on questions 9 A-5124-13T3 of law. Wilson v. … 2009). A. There is substantial evidence in the record to support the judge's finding that the operation of an asphalt …
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… each of which is addressed in the Director’s final determination at issue here and in plaintiff’s Complaint. To … plaintiff a Notice of Assessment Related to Final Audit Determination. Pursuant to the Notice, the Director computed … the controlling statutes, regulations, and legal precedents support the conclusion that the Subject Assets are not …
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… N.J. 531 (2014). HELD: The trial court’s five erroneous determinations, affecting both the issue of liability and the determination of damages, gave rise to cumulative error … not to call Dr. Helbig to the stand because his report supported opinions stated by plaintiff’s expert. Plaintiff’s …
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… no basis not to apply the law of the case doctrine.” 17 In support of his argument, Wardrick cites to State v. Ellis, … to render inconsistent verdicts as long as each charge is supported by sufficient evidence in the record. According to the State, the evidence in the present case “amply supported the first-degree robbery convictions.” …
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… agreement would not significantly interfere with the determination of governmental policy.” Id. at 404. PERC … three municipalities appealed their PERC administrative determinations. The Appellate Division observed that the … entity employer demonstrate the necessary fiscal urgency to support a finding that the layoff action was non-negotiable …
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… price when the response provides credible information supporting its opinion that the offer is too low. County of … about the offering price when that invitation is supported by concrete and credible evidence of value, Malik … start with the plain language of the statute. N.J. Dep’t of Children & Families v. A.L., 213 N.J. 1, 20 (2013); …
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… Lanzo's illness; and (4) there was insufficient evidence to support the jury's verdict that Mr. Lanzo was exposed to … United States Geological Survey (USGS) had concurred in a determination by EMV Associates, Inc. that several J&J talc … and what is to be excluded. Those are not credibility determinations that are the province of the jury, but rather …
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… of the temple. That night, the rabbi, his wife, their five children (ranging in ages from seven to fifteen), the … MUST BE REVERSED. POINT II – THE RECORD DOES NOT SUPPORT THE TRIAL COURT'S LEGAL CONCLUSION THAT THE … First, the ATA has various components, including a material support provision that does not require a political …
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… requirements of Rule 4:46-1. Bowers cites no precedent to support her interpretation of the Rule. "We apply the same … court decided all motions in limine." However, there is no support for this claim in the public record of proceedings … court "affords no special deference to the legal determinations of the trial court" (citing Manalapan Realty, …
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… composure and offered reasonable interpretations which were supported by the transcript in evidence." The court found … exclusive." The court also found that the record did not support defendant's argument that he was "mentally … overlap between the factors that govern a court's determination of whether a Miranda waiver is valid and the …