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njcourts.gov
… 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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njcourts.gov
… light most favorable to the defendant when making this determination. State v. Mauricio, 117 N.J. 402, 412 (1990). … these principles, we conclude that the evidence amply supported an instruction on the lesser-included offenses of … on any charge and, therefore, there was no judicial determination that Gallardo committed a "prior bad act" as …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… established, refus[ing] to permit the disobedient party to support or oppose designated claims or defenses, … which would have included refusing to permit plaintiff to support his claim or prohibiting the introduction of … "did not provide an adequate basis for a fully informed determination as to whether [the defendant] would be …
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A-32-24 Supplemental Appellant Brief
Briefs
njcourts.gov
… J.A.D. Hon. Robert M. Vinci, J.A.D. SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANT-MOVANT'S MOTION FOR LEAVE TO APPEAL … Da 1 to Da 16 Certification in support of motion … and made findings with respect to each factor that are supported by the record. The technical and complicated …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… provide safer traffic conditions on River Road, and support existing commercial uses in the area. The board also … properties are highly relevant to both the 14 A-2060-21 determination of whether to grant a use variance and the later … resolution was arbitrary, capricious, unreasonable, and unsupported by sufficient evidence. We disagree. The standard …
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njcourts.gov
… constitute a source of law intended by the Legislature to support a CEPA claim. The court further concluded, "even if … motions to amend pleadings are liberally granted, but the determination is left to the sound discretion of the trial … decisions, and professional codes of ethics to inform our determination whether specific corrupt, illegal, fraudulent or …
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njcourts.gov
… tuition. These included an athletic and recreation fee to support recreational and intramural sports programs, campus … fees, including a "Student Government Association Fee" to support the university's Student Government Association and … organizations on campus, and a "Student Services Fee" to support the campus's recreation center and student center. …
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njcourts.gov
… of marijuana was unforeseen and spontaneous[,] . . . as supported by Sergeant Webb's 9 A-1876-20 testimony that this … trial court's findings on a suppression motion if they are supported by "sufficient credible evidence in the record." … Probable cause "requires 'a practical, common sense determination whether, given all of the circumstances, there …
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njcourts.gov
… Wang summary judgment. Although we agree with the judge's determination Rule 4:50-1(a) did not support vacating the August 28, 2020 order, we conclude the … both possesses meritorious defenses, "worthy of judicial determination," and because his failure to oppose defendant's …