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… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … N.J.S.A. 17:11C-18, the legislative history and intent support a finding that a private right of action is implied. … based on unjust enrichment. Based on the court’s determination that the collection efforts were not unlawful, …
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… After a hearing, the ACJC found that the charges were supported by clear and convincing evidence. In light of … his conduct otherwise “constituted sufficient evidence to support” violations of the Code of Judicial Conduct. Counsel … ethical canons. The Committee made multiple findings in support of its recommendation. It noted that Respondent …
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… The judge assigned PCR counsel, who submitted a brief in support of defendant's PCR petition. PCR counsel argued … enter the building "would not have changed the [judge's] determination that Officer Figueiredo was credible" when he … from raising this issue because we upheld her credibility determinations. The judge pointed out she questioned defendant …
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… of two accounts, the Family Trust Account wherein her three children were beneficiaries, and a Unified Trust for Minors … precluded from recovery where the proof which he offers in support of his own case reveals a legal defense to his … legal conclusions. Romero, 468 N.J. Super. at 302. Legal determinations are not afforded such discretion, and instead …
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… On October 8, 2019, we affirmed, holding that "the record supports the [first] PCR court's conclusion that defendant … by not providing an explanation by way of facts or law to support its conclusion. Finally, defendant asserts that the … because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Id. at 155. …
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… until March 2014." The pleading did not mention any facts supporting defendant's defense that plaintiff waived its … business entities[,]" and without more than "vague and unsupported references to [a] telephone conversation[,]" the … there was new evidence for the judge to consider, which supported a "finding in [d]efendant’s favor and a …
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… later, on April 6, 2012, the patient was removed from life support and he died shortly thereafter. Plaintiff's … cases, we review de novo the motion judge's legal determination in this case that plaintiff and her counsel … courts give no special deference to a trial court's legal determinations). The trial court adduced no testimony and made …
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… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … or facts that are directly in issue and are necessary to support the judgment 9 A-5734-14T1 rendered in the prior … notice of plaintiff's claim was not an issue necessary to support the judgment against Dukureh, and Singer was …
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… are prejudicial to the defendant and, more importantly, not supported by any evidence." The court continued: "[t]he … court determined "[t]he facts do not in any way provide any support for these assertions." After pointing out other … with the trial court that the assistant prosecutor's determination was based in large part on inappropriate and …
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… appeal, contending the record lacked sufficient evidence to support the conclusion that the jury used a present value … and speculative nature of the elements underlying such determinations." Ibid. We conclude the Court's holding in … you deem appropriate. I remind you that you are to make a determination on the amount of damages based on the evidence …
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… omitted Attachments A, B, and C[.] II. A "trial court's determinations with respect to the applicability of OPRA are … on the Williams certification, it also provides evidential support for the court's findings. The certifications … record before the trial court is insufficient to permit a determination of whether distribution 6 We are therefore not …
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… Following review of the phase two application, and determination by the Commissioner that Ailanthus was a … decision arbitrary. C. There is not sufficient evidence to support the Commissioner's decision because Ailanthus put … of free public schools for the instruction of all the children in the State between the ages of five and eighteen …
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… that: (a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, … with defendant, and sought to show the evidence did not support Barksdale's claim that defendant was the key … (quoting State v. Bankston, 63 N.J. 263, 273 (1973)). In support of his argument, defendant cites the following …
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… biking, skating, and spending time with his wife and eight children. Plaintiff's activities have been limited since the … 4:40-1. "'[I]f, accepting as true all the evidence which supports the position of the party defending against the … cannot overthrow the jury's credibility 16 A-0530-15T1 determinations and findings of fact and then substitute her …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of … and awarding 400 days of jail credit. We remand for a determination whether the certain persons sentence should be …
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… others residing in defendant's apartment complex, including children. Hamilton Township police requested assistance from … assistance of counsel because there were enough facts to support the grand jury indictment. As a result, the judge … unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 …
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… evidence defendant had previously sexually assaulted children, on the grounds such evidence was "extremely … of defendant's altercation with the victim provided support for "motive, plan, intent, preparation, all of the … may review and modify a sentence when the trial court's determination was "'clearly mistaken.'" State v. Jabbour, 21 …
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… standard of review should pertain when reviewing such determinations of a trial court. Application of that standard … 126 N.J. 1, 22-23 (1991). In making that 9 A-4920-15T2 determination, an appellate court should show appropriate … First: Again, the witness has no motive to deceive you, she supports and corroborates what N.G. has already told you, …
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… RECEIVING STOLEN PROPERTY AND POSSESSION OF CDS WERE NOT SUPPORTED BY THE EVIDENCE. A. The State's explanation as to … to prove or disprove any fact of consequence to the determination of the action." Brenman v. Demello, 191 N.J. 18, … authenticated, and it was relevant to the jury's determination of whether defendant was the perpetrator of the …
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… factor six, and failed to provide a sufficient explanation supporting its determination that a four-year term was necessary for … policy." 4 A-3014-20 to defendant's sentence were fully supported by the record and in accordance with the Code of …