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njcourts.gov
… any suggestion the officer's statement of recognition supported an inference by jurors defendant had been involved … was improper speculation by the prosecutor to advance an unsupported theory that body parts had been refrigerated). In … would have aided our review, we are able to affirm the determination as the record contains 17 A-1399-15T3 sufficient …
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njcourts.gov
… are asserted for the first time on appeal, even if they support such purported facts by citation to deposition … facts are not disputed, but they argue those facts do not support the court's determination that 10 A-0883-18T3 defendants are entitled to …
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njcourts.gov
… to the Supreme Court. 8 A-0099-17T4 In his certification in support of PCR, defendant stated he was interviewed by his … conduct an evidentiary hearing, we review the PCR judge's determinations de novo. State v. Jackson, 454 N.J. Super. 284, … Preciose, 129 N.J. at 462. We review the PCR court's determination to proceed without an evidentiary hearing for …
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njcourts.gov
… but shared an office address. In his sworn affidavit in support of his petition, defendant alleged "there was a … to conduct an adequate investigation as lacking in factual support . Finding that defendant had failed to set forth a … 9 A-3592-16T1 must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
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njcourts.gov
… also heard 6 A-1178-16T1 testimony from defendant, his children, and his neighbor. The court found that defendant … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … the Municipal Court's findings of fact. The State supported Ordonez's testimony with seventy-nine photographs …
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njcourts.gov
… 22, 2017, plaintiffs filed a motion for reconsideration. In support of that motion, plaintiffs submitted two affidavits … require an affidavit of merit. Id. at 341. To make that determination, our Supreme Court has explained: There are … was in question). Accordingly, if on remand there is a determination that Edgar was acting under the direction and …
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njcourts.gov
… to partial takings and has no impact on the issue for determination. 8 Further, it is procedurally improper for … already owned by the State. There is no legal authority to support an amendment of the declaration of taking under the … marks omitted). The fact that the Court’s ultimate determination is that the condemnation action constitutes a …
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njcourts.gov
… that "the sentencing factors identified by the judge [were] supported by the evidence," the sentences were "in accord … because it is fundamentally unjust. That argument is not supported by the record. The same judge presided over … because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Hannah, 248 …
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njcourts.gov
… of discovery, U.S. Fire moved for summary judgment. In support of its motion, U.S. Fire relied on the deposition … the question 13 A-1918-22 referred to rented vans is not supportable. The question specifically asked whether Machane … is entitled to rescission based on equitable fraud is amply supported by clear and convincing evidence in the record. …
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njcourts.gov
… 75,81 (2002). If the record contains sufficient evidence to support the municipal board's determination, we will defer to the Board's decision. Kramer … Girt, 45 N.J. 268, 296 (1965). Further, a board's factual determinations are presumptively valid. Dunbar Homes, Inc. v. …
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njcourts.gov
… 363, 382- 83 (2011). The plain error standard requires a determination of: "(1) whether there was error; and (2) … the witness' testimony or determining a fact in issue. In support of his argument, defendant refers to three instances … "to prove or disprove any fact of consequence to the determination of the action," and "the test for relevance is …
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njcourts.gov
… whether: the boyfriend had ever threatened her; they had children in common; or he abused alcohol or drugs. Pierce … (App. Div. 2012), a case she cited to the motion judge, in support of the proposition that an officer who fails to … Ibid. The facts here demonstrate Sergeant Davis's determination that the PDVA did not mandate the arrest of the …
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njcourts.gov
… to approve the settlement as premature and lacking in supporting documentation. Defendant requested additional … In addition, defendant requested submission of information supporting plaintiff's UIM claim. The only communication … N.J. 202, 209 (2014). Self-serving assertions that are unsupported by evidence are insufficient to create a genuine …
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A-0291-24 Briefs
Briefs
njcourts.gov
… BCPO Detective James Costello submitted an affidavit in support of a search warrant to then Bergen County Criminal … strong confidentiality protections for warrants and their supporting materials." Dickerson, 232 N.J. at 21. Here, … in this matter. There is no factual or legal basis to support Appellant’s argument that Judge O’Dwyer FILED, Clerk …
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njcourts.gov
… once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate … obtain an undue advantage." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 336 (App. … our decisional law, plaintiffs' material misrepresentations support recission of the policy. First Am. Title Ins. Co., …
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njcourts.gov
… 4:6-2(f). Defendants also asserted comity principles in support of their motions. In October 2017, the first motion … "[t]he law of the place of contracting likely applies." To support her decision, the judge cited Monsanto Co. v. Gould … of fairness and comity." Id. at 389-90. A comity determination should be based on a "combination of the special …
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njcourts.gov
… an N.J.R.E. 104 hearing was required before making such a determination. 3 Pub. Serv. Elec. & Gas Co. v. Oldwick Farms, … presented an insufficient factual and scientific basis to support Tsakiris' theory that the seawall construction … applies in the appellate review of a trial court's determination to admit or deny scientific expert testimony on …
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njcourts.gov
… waived when the party failed to include any arguments supporting the contention in its brief). 3 A-3461-21 of an … was to scale as required by N.J.A.C. 5:23-2.15(f)(1) was supported by the record. Id. at 10-11. However, we concluded … issuance of stop construction orders based on his determination a construction project was not compliant with …
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njcourts.gov
… 141 N.J. 292, 317 (1995)). Only when a court's fee determination "was based on irrelevant or inappropriate … that "all applications for the allowance of fees shall be supported by an affidavit of services addressing the factors … K.C.'s counsel appropriately submitted a certification in support of their motion for attorney's fees and cost, which …
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njcourts.gov
… court engaged in an appropriate factual and legal analysis supporting its denial of defendants' motion and invalidating … and all permanent residents of the Unit, including minor children, hereby agree that any and all disputes with … 2).] "[S]tate contract-law principles generally govern a determination whether a valid agreement to arbitrate exists." …