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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
… "[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. Accordingly, we …
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njcourts.gov
… agreement would not significantly interfere with the determination of governmental policy.” Id. at 404. PERC … three municipalities appealed their PERC administrative determinations. The Appellate Division observed that the … entity employer demonstrate the necessary fiscal urgency to support a finding that the layoff action was non-negotiable …
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njcourts.gov
… The panel also offered guidance for retrial, demonstrating support for defendant’s argument that the State improperly … to prove or disprove any fact of consequence to the determination of the action. Under N.J.R.E. 402, “all relevant … to prove or disprove any fact of consequence to the determination of the action.” Relevant evidence “need not be …
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njcourts.gov
… motion orally. The State also filed a supplemental brief in support of its motion. Oral argument was heard on September … Case Unit of the U.S. Department of Justice for its determination, with consent of the Attorney General of the … designation of a case as complex requires a fact-specific determination unique to the case at bar. Equally clear is that …
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njcourts.gov
… no basis not to apply the law of the case doctrine.” 17 In support of his argument, Wardrick cites to State v. Ellis, … to render inconsistent verdicts as long as each charge is supported by sufficient evidence in the record. According to the State, the evidence in the present case “amply supported the first-degree robbery convictions.” …
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njcourts.gov
… obstructing the criminal justice process. To make that determination, the Act directs judges to conduct an … United States in violation of federal law. 6 To make that determination, the Act directs judges to conduct an … present. The language the Legislature placed in the CJRA supports that conclusion. The key word, “appearance,” …
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njcourts.gov
… fact Ulrich thought the parking lot needed to be repaved supports plaintiff's argument as she "readily concede[d] … are 3 132 N.J. 426, 438 (1996) (setting forth that the determination of whether a duty exists requires consideration … of fact. Vincitore, 169 N.J. at 123. Nonetheless, that determination is subject to the court's preliminary assessment …
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A-3739-22 Briefs
Briefs
njcourts.gov
… Joyce’s death, at which time everything passed to Joyce’s children, Plaintiff and Jacqueline Crane. On January 27, … constituted an informal accounting, and made erroneous determinations of fact. On June 26, 2023, Plaintiff filed a Reply Certification of Michael E. Crane in further support of the Motion. (Pa473‒82). At the oral argument on …
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A-2519-23 Briefs
Briefs
njcourts.gov
… are entitled to deference on appeal only if they are “supported by substantial, credible evidence.” Rippon, 449 … v. Norfolk Southern Railway Co., 600 U.S. 122 (2023), in support of a consent-based theory of jurisdiction. Mallory, … demonstrate “sufficient contacts within the state” to support the exercise of general jurisdiction. Da14. But this …
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A-0366-23 Briefs
Briefs
njcourts.gov
… Respondent-Respondent. : COMPLAINANTS-APPELLANTS’ BRIEF IN SUPPORT OF THEIR APPEAL FROM DECISIONS OF THE SCHOOL ETHICS … . . . . . . . . 13 A. THE COMMISSION’S FINAL DECISION WAS UNSUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE IN THE RECORD AND … which stated that Governor Murphy’s pandemic response “on children” “needs to end now!” (Ca228). 5. On January 4, …
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A-0133-22 Briefs
Briefs
njcourts.gov
… submitted a motion for judgment of acquittal which it supported with a brief filed on July 1, 2022. 62a. The State … that he gave inaccurate testimony under oath in support of the above-mentioned theory by incorrectly stating … discretion in imposing punishment following the jury’s determination. State v. Cassady, 198 N.J. 165, 180 (2009). …
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njcourts.gov
… I A The new evidence now offered by Kiely and Marzovilla in support of their Rule 4:49-2 motion was not presented until … of court rules whenever necessary “to secure a just determination, simplicity in procedure, fairness in … 3, would certainly have been relevant to the court’s determination that Kiely and Marzovilla went behind Iler’s …
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njcourts.gov
… argued they each failed to provide a reliable basis to support their opinions that the silicone particulate could … v. Mynster, 213 N.J. 463, 478 (2013). "Preemption determinations are reviewed de novo, as are the issues of … The sufficiency of circumstantial evidence is a factual determination. See Moraca, 66 N.J. at 458. "If the proofs …
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A-24-24 Supplemental Appellant Brief
Briefs
njcourts.gov
… likely to reoffend. Moreover, the record simply cannot support a finding that Mr. Cowan will remain substantially … Cowan was born on January 15, 1968, the youngest of three children. (Ra35, On February 18, 1990, when he was … regulatory, and case law background surrounding the FET determination. Part B argues that the Board’s determination to …
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A-2308-21 Briefs
Briefs
njcourts.gov
… of Frank J. Pace, P.E.A dated September 18, 2006 in support of Reply Letter Brief of Plaintiff Paul R. Porreca … NJDEP Motion to Dismiss this Appeal as Time-Barred and supporting Letter Brief filed on May 16, 2022 … this was because there was no such evidence or other support for the NJDEP’s change in position. Instead, the …
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njcourts.gov
… on March 3, 2022, N.J.S.A. 40A:14-201(a) required a final determination within 180 days from the date of her suspension, … Firemen's Ret. Sys., 143 N.J. 22, 25 (1995). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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A-0260-24 Briefs
Briefs
njcourts.gov
… Letter Memorandum of Law in lieu of a more formal brief in support of the within Defendant-Appellant's appeal. … Defense counsel then made argument to the Law Division in support of Defendant's trial de novo. (T2:4-l 7 to 18-22). … concerns whether an adequate factual basis was obtained to support the plea. State v. Tate, 220 N.J. 393, 404-405 …
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A-2074-23 Briefs
Briefs
njcourts.gov
… APPELLANT’S BRIEF IN SUPPORT OF APPELLANT’S NOTICE OF APPEAL AMENDEDFILED, Clerk … Board of Education f i led two reply briefs in further support of the motion. AMENDEDFILED, Clerk of the Appellate … Greg Wu, and Steven Tichenor f i led their reply in further support of the motion to compel Plaintiff-Appellant’s in- …
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A-43-24 Supplemental Appellant Brief
Briefs
njcourts.gov
… to eliminate any proofs that . . . may at some later point” support an insanity defense); 9T 102-3 to 103-25 (discussing … did not have an expert who could testify at trial in support of Arrington’s insanity defense. Defense counsel had … Worlock, 117 N.J. at 602. Criminal insanity is a legal determination, not a medical one. As such, medical expert …