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… he may have elected not to testify at trial. In his supporting certification, defendant claimed the police … during closing arguments; and 3) retain a medical expert to support defendant's claim of self-defense. Defendant also … arguments. Judge Daniel's decision is fully 8 A-4369-16T4 supported by the record and is legally sound. We offer only …
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… OF INQUIRY ESCALATED INTO AN INVESTIGATORY DETENTION UNSUPPORTED BY REASONABLE SUSPICION. BECAUSE THE SEIZURE OF … For Back Up. B. Because The Investigatory Detention Was Not Supported By Reasonable Suspicion, The Gun Must Be … Court was unpersuaded that disclosure of a prior judicial determination of probable cause to issue a warrant will …
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… the application on December 2, 2014 and January 6, 2015. In support of the application, the Board heard testimony from … because there was very little detriment to the public. To support his opinion, Combs pointed to the fact that … at the designated site with the municipality's contrary determination about the permitted uses as expressed through …
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… substantially complied with the TCA's NOC requirements. In support of that argument, plaintiff cites Speer v. … claim. It did not provide notice of plaintiff's claim. In support of her argument, plaintiff also cites Milacci v. … the NOC with NJT within the time prescribed by the TCA. In support of her argument, plaintiff relies upon Murray v. …
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… petition if the defendant presents a prima facie case in support 8 A-0369-16T1 of PCR, the court determines there are … him to aim the weapon in the direction of the victim. In support of this argument, defendant submitted statements … these additional witnesses would have provided significant support to the defense. Here, defendant was charged with …
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… his purported answers to defendants' interrogatories and supporting documents. However, before Allen forwarded the … in the underlying action against defendants. In his supporting affidavit, plaintiff explained that in March … because he had "been derelict from the very beginning." To support its finding, the court cited plaintiff's abandonment …
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… section 40 lien, [Sansone] provides no facts or evidence to support an allocation of the third[-]party settlement other … Sansone's second 10 A-3638-17T1 compensation claim is supported by sufficient credible evidence. The order finds … 15 A-3638-17T1 situation is highlighted by the fact that in support of her argument in opposition to the motion to …
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… Valenzuela argued the cause for respondents (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … professional standard, handbook, statute, or regulation" to support "his sweeping assumptions and opinions regarding … remains, [we] afford[] no special deference to the legal determinations of the trial court." Cypress Point Condo. Ass'n …
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… fraud listed under N.J.S.A. 25:2-26 and found the evidence supported multiple factors establishing a fraudulent … reach of process. Both inquiries involve fact- specific determinations that must be resolved on a case- by-case basis. … evidence. We are satisfied the court supported its determination with the credible evidence in the record. ARCP …
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… subdivision, thereby warranting a reversal of the Board's determination. Defendants urge that the trial judge's decision … as to whether OZ created the hardship it relied upon in support of its application. On April 4, 2017, plaintiff … of prerogative writs, seeking to set aside the Board's determination. Plaintiff contended in his complaint that the …
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… the driveway at high speeds and defendants feared for their children's safety. Plaintiffs contended that constructing … claims in the first instance to the zoning board for a determination as to whether defendants had complied with that … made after a bench trial, so long as the findings are supported by substantial credible evidence. Rova Farms …
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… Brielle defendants filed a motion for summary judgment. In support of their motion, the Brielle defendants filed a … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as … of a discovery matter, provided 16 A-2281-14T4 its determination is not so wide of the mark or is not 'based on a …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … We agree. At the outset, we concur with the trial court's determination that the police were justified in relying upon … ("[A] group of innocent circumstances in the aggregate can support a finding of reasonable suspicion."). Applying these …
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… assistance of counsel" without providing specific facts to support his claim. Following court assignment of PCR … had been poorly worded. In light of this court's determination, the PCR judge found defendant failed to meet … the motion judge's decision was based on credibility determinations defendant "fail[ed] to 8 A-0683-15T1 …
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… determining the Board's findings and conclusions were supported by "substantial credible evidence in the … We must determine whether the "board'[s] decision 'is supported by the record and is not so arbitrary, capricious, … 152 N.J. 309, 327 (1998)). The Board's decision must be supported by substantial evidence in the record, Ten Stary …
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… against the person or property of another. This is further supported by the testimony that after the seizure of his … omitted). Moreover, the nature of a probable cause determination "'does not require the fine resolution of … or even a preponderance standard demands, and credibility determinations [will] seldom [be] crucial in deciding whether …
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… and (4) the State failed to produce sufficient evidence to support a verdict of second-degree aggravated assault beyond … A FAIR TRIAL. POINT IV THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE CONVICTION FOR SECOND[-]DEGREE AGGRAVATED … an abuse of discretion standard to the trial court's determinations regarding claims of juror taint. State v. R.D., …
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… certif. denied, 200 N.J. 502 (2009). 3 A-3640-15T2 In support of its motions, Liberty's managing member, Navin H. … failed to make findings of fact and conclusions of law supporting its decision to reduce fees and costs. II. Our … relief from the operation of the judgment or order. The determination whether to grant a motion to vacate a default …
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… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … lack of 11 A-5620-14T3 inherently credible evidence to support the finding, obvious overlooking or under- valuation …
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… trial, we address that claim before discussing the evidence supporting defendant's conviction and sentence. The jurors … gave Colon to secure her testimony, such as removal of her children from her care and prosecution if she lied or … from part to part, there's a risk of serious crime." That determination was not an impermissible double-counting of an …