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njcourts.gov
… Super. 512, 513 (App. Div. 1991)). "Clearly, evidence that supports a defense, such as alibi, third- party guilt, or a … addressed the nature of the victim's injury, which was supported by testimony that she lost full use of her hand …
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njcourts.gov
… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … delay damages. However, the complaint and the record do not support Lessner's argument that the surety agreed to …
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njcourts.gov
… MITIGATION OF DAMAGES TO THE FACTS SURROUNDING RESPONDENT'S SUPPORT OF RECEIVER'S AND THEIR JOINT ATTORNEYS' FAILURE AND … Bernardin) did not make sufficient findings of fact to support his decision as to the amount of the monthly …
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njcourts.gov
… argued that the factual basis for her plea did not support a conviction for felony murder, but even if it did, … petition if the defendant presents a prima facie case in support of PCR, the court determines there are material …
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njcourts.gov
… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
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njcourts.gov
… (Board). The June 6, 2019 resolution affirmed a determination of the Fair Haven zoning officer that a proposed … an appeal to the Board challenging the zoning officer's determination that the proposed restaurant is a Category Two … interpretation of the zoning ordinance was reasonable and supported by the record. The judge noted that the Board's …
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njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … defendant in the parking lot. The judge's findings were supported by the sufficient, credible evidence in the …
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njcourts.gov
… whether the record contains sufficient credible evidence to support the judge's findings. State v. Lamb, 218 N.J. 300, … there exists sufficient credible evidence in the record to support the judge's findings, which we will not disturb. As …
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njcourts.gov
… a single case management order signed by the judge in support of this contention. 4 A-0454-19 at Children's Specialized Hospital followed by a regimen of … direct result of the assault of April 9, 2012" effectively supported. The Weiss report does discuss prior injuries, …
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njcourts.gov
… "consistently." He noted "the testimony [wa]s also supported by the body cam footage that was marked as S-2 and … judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. …
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njcourts.gov
… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … where he would have rejected the plea offer. The record supports Judge Donohue's findings in this regard. We also … sentencing claim was "not an appropriate issue for determination on a petition for PCR." Any such claim of …
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njcourts.gov
… standard of review. Our "review of a commitment determination is extremely narrow and should be modified only … We give the utmost deference to the reviewing judge's determination, as these judges are "specialists" in Sexually … 162 (1964)). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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njcourts.gov
… mailed a Notice of Assessment Related to Final Audit Determination ("assessment") via certified mail, return … fund taxes. On July 29, 2013, the Division issued a final determination confirming the finding of responsible person … produced by the Division of Taxation was sufficient to support their claim that the [p]laintiffs had been properly …
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njcourts.gov
… concluded that plaintiffs did "not provide[] any proof to support [their contention that] the occurrence was not the … that "the proofs weighed in . . . plaintiffs' favor [and] support a finding that . . . defendant is liable under the …
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njcourts.gov
… motion judge issued an oral decision, finding no factual support for plaintiff's punitive damages claim. The judge … viewed in a light most favorable to plaintiff does not support "the likelihood of serious and imminent harm, much …
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njcourts.gov
… 4:6-2. If a party presents matters outside the pleading to support a motion to dismiss for failure to state a claim, … when Walker submitted beyond-the-pleadings materials to support his dismissal motion. However, we shall not disturb …
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njcourts.gov
… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced Judge Falcetano's findings are fully supported by the record. When petitioning for PCR, a …
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njcourts.gov
… hearing, the State cited case law – in particular Witt – to support its position, and at no point before or after the … need not consider whether the judge's factual findings were supported by the record. See Rowe v. Mazel Thirty, LLC, 8 …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … identified three factors courts should consider in that determination: (1) the temporal proximity between the illegal … removed solely because of the canine sniff, which was unsupported by reasonable, articulable suspicion. Moreover, we …
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njcourts.gov
… following facts are derived from the evidence presented in support of , in opposition to, and in reply to the motion … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …