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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… "[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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njcourts.gov
… . . . 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. 7 According VRP all reasonable and … highest and best use conclusions are reasonable and supported by the record. C. Methodology “There is no single …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 2010, Exxon filed a cross-claim against ALMI seeking a determination that it was excused from its obligations to … 443 (2011) (noting that the doctrine finds its 20 A-3011-18 support in our State Constitution and the goal "that all … notice been given." Id. at 530 (quoting Am. Ins. v. Fairchild Indus., Inc., 56 F.3d 435, 440- 41 (2d Cir. 1995)). …
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njcourts.gov
… 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.'" … cards, and mail bearing defendant's name—that support the jury's verdict, but the State argued defendant's …
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njcourts.gov
… ABOUT INJURIES HE CLAIMED TO HAVE SUSTAINED THAT WERE NEVER SUPPORTED BY EXPERT MEDICAL EVIDENCE VIOLATED THE RULES OF … a trial court's evidentiary rulings and uphold its determinations 'absent . . . an abuse of discretion.'" Scott, … on the day of the concert—July 20, 2018—for the jury's determination if the evidence established her "motive to flee …
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njcourts.gov
… obstructing the criminal justice process. To make that determination, the Act directs judges to conduct an … United States in violation of federal law. 6 To make that determination, the Act directs judges to conduct an … present. The language the Legislature placed in the CJRA supports that conclusion. The key word, “appearance,” …
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njcourts.gov
… motion to dismiss plaintiffs’ complaint based on its determination that plaintiffs could not satisfy Rule 4:32-1’s … cohesive to warrant adjudication by representation. That determination requires an assessment of various factors, … Rule 4:32-1(a)’s numerosity requirement. That estimate is supported by the class period pled, which spanned two years …
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njcourts.gov
… police to respond to an ongoing emergency. In making that determination, the court noted factors such as where the … is therefore not admissible as a dying declaration. In support of his argument, defendant draws a distinction … the limitations of the Confrontation Clause. 13 Amicus ACDL supports many of defendant’s arguments and warns that …
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njcourts.gov
… in the light most favorable to Allen, there is evidence to support all four elements of her CEPA claims under both … her for reappointment and that the Board agreed with his determination. She added that on August 7, 2014, she received … 12 Law, N.J.S.A. 19:44A-20.3 to -20.27, as statutes supporting her claims. She did not identify the provision of …
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njcourts.gov
… put Cervantes in fear of immediate bodily injury -- thus supporting a conviction for robbery, not theft -- was a … to and following defendant’s passing the note to the teller supported a finding of robbery when viewed in context. The … with ample witness testimony and documentary evidence to support the conviction, and in recognition of the …
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njcourts.gov
… The panel also offered guidance for retrial, demonstrating support for defendant’s argument that the State improperly … to prove or disprove any fact of consequence to the determination of the action. Under N.J.R.E. 402, “all relevant … to prove or disprove any fact of consequence to the determination of the action.” Relevant evidence “need not be …
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njcourts.gov
… 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 …