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… the negligence ultimately contributed to her death. In support of the nursing negligence claims, plaintiff retained … of these three elements, the case is not sufficient for determination by the jury." Rosenberg, 352 N.J. Super. at 399. … emotional health problems, through . . . provision of care supportive to . . . well-being, and executing medical …
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… a notice of 3 A-0297-22 aggravating factors intended to support a sentence of death for the three murders. After … sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … there are no facts outside the trial record that support . . . defendant's claims that he was denied …
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… contact with the criminal justice system; has a GED; two-children and a girlfriend of eleven years. He further argued … the aggravating 13 A-1277-23 or mitigating factors were not supported by credible evidence, or (3) the sentence, … the law." N.J.S.A. 2C:44–1(a)(9). The sentencing court's determination is a "qualitative assessment" of the risk of …
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… claim as a counterclaim in the federal action is unsupported, as an exception to the compulsory claim … of another pending action." Thus, the federal rules do not support the preclusion of Enoch's negligence action for … federal action cannot fairly be viewed as a final determination of Jean's negligence claim on the merits. 13 …
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… unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … to discovery extensions. Ibid. "However, 'we review legal determinations based on an interpretation of our court rules … N.J. Super. 40, 51 (Law Div. 2003)).] The record does not support the court's finding that defendant established …
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… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … for failing to object to Giorgi's testimony that the gang supported itself by selling drugs. Rule 404(b) excludes … State v. Bryant, 237 N.J. Super. 102 (App. Div. 1988) to support his argument that Giorgi's testimony should have …
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… and orderly disposition of such [outstanding] charges and determinations of the proper status of any and all detainers … ' and to provide 'cooperative procedures' for making such determinations." Perry, 430 N.J. Super. at 424-25 (quoting 18 … in Pennsylvania prior to his arrival in New Jersey. In support of this proposition, the State relies on dicta from …
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… Yarbough factors, and 16 A-2124-17T4 "that the factors supporting consecutive sentences clearly outweigh the factors supporting concurrent sentences." We agree. As noted by the …
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… ON REMAND ISSUES IN THIS ACTION. A. Counsel Provided Ample Support for Our Hourly Rates. B. The Trial Court's Ruling. … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… learned that a stray bullet had struck a car with young children in it. After the shooting, which the suspect … December 15, 2017, the Board reaffirmed its original determination. The Board noted that it had considered … Rather, a diagnosis of PTSD is merely a "backdrop" that can support a causal link between the work-related traumatic …
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… E. The $1,000 maximum penalty for each violation is not supported by the record before the Law Division. II. A. As a predicate matter, we affirm the Law Division judge's determination that the municipal trial was not stayed by the … of the Coles when their case was called in order to support a finding of knowing and voluntary waiver. See, …
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… the description he gave. None of these assertions are supported by the record. G.W.'s description was not … there was competent and credible evidence 15 A-3626-16T3 supporting the application of the guidelines, and whether …
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… program. He was prohibited from unsupervised contact with children under the age of eighteen, except for his son. The … an appellate court should not modify a trial court's determination either to commit or release an individual unless … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this non-involvement, Horizon's counsel referred … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … 14 A-4195-17T3 The trial court briefly cited to Kotzian, to support its decision to grant damages above the $250,000 …
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… 451, 463-64 (App. Div. 2000), beginning with the evidence supporting plaintiff's motion for partial summary judgment. … to the cemetery. In opposition to plaintiff's motion and in support of its cross-motion, PACA furnished its retainer …
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… Law Division did not find any legal or factual grounds to support North Wildwood's position. We affirm. I North … a kitchen, and a playground. As of October 2016, 129 children were enrolled in the preschool and kindergarten … North Wildwood's attempt to reframe the issue to a determination of whether the Board was acting outside of its …
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… [(Emphasis added).] The expert's opinion is amply supported by the facts on the motion record. Plaintiff … 242, 249 (1986)); accord, R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … unless the parties disagree, in which case the final determination of the court is a discretionary judgment that is …
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… such as a "'lack of inherently credible evidence to support a finding, obvious overlooking or undervaluation of … jury's verdict where, as here, there was some evidence that supports its verdict. Dolson, 55 N.J. at 6. Moreover, there …
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… v. Johnson, 42 N.J. 146, 161 (1964)). Our review of legal determinations, however, is plenary. See State v. Handy, 206 … 336 N.J. Super. 244, 251 (App. Div. 2001). In making her determination, the Law Division judge did not rule the Rules … mouth during that period of time." The evidence does not support that finding; the operator testified only that he …