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njcourts.gov
… curiae brief opposing plaintiffs’ amended complaint and supporting defendants’ motions to dismiss. On February 7, … had notice and the opportunity to be heard, permitting a determination -- based on observable facts -- as to whether … cut funding to school districts is not the sole basis that supports the constitutionality of the LTAA; its basis also …
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njcourts.gov
… release under Rule 3:21-10(b)(2) or judicial furlough. 7 In support of defendant’s Motion for Release or Furlough, … entirely.”2 In this case, as argued by defendant, and supported by the Attorney General, under EO 124, the … the Rules of Court should be construed “to secure a just determination” and that any court rule “may be dispensed with …
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njcourts.gov
… the court improperly held that the law of the case doctrine supported a dismissal with prejudice. We find this argument … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … the record and the complaint supports the trial court's determination. Moreover, Lask's complaint was dismissed …
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njcourts.gov
… has not established that his claims of invalidity are supported by settled law, that alteration of the present … to dismiss plaintiff's petition, arguing that it was both unsupported and untimely. On the same day, plaintiff filed an … that the special circumstances of the COVID-19 pandemic supported the Executive Orders modifying customary election …
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njcourts.gov
… 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 …
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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
… 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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njcourts.gov
… 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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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
… 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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njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … matters implicated in the motion, including the reasons in support of the denial, are not precluded." (citing A & P …
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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
… 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
… 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
… 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
… 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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njcourts.gov
… 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 …