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njcourts.gov
… to represent defendant and filed an amended petition and a supporting 5 A-5156-15T4 certification of defendant. The … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … N.J. 39, 45 (2011)) (stating "appellate review of legal determinations is plenary"). 5 The Law Division granted … health condition. There is no legal nor factual support for defendant's contention. In State v. Marquez, 202 …
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njcourts.gov
… this case, defendants did not present a colorable claim in support of their privacy argument. Forfeiture proceedings … OPRA; that prior Executive Orders and legislative history support that conclusion; that the ruling starkly contrasts … this case, defendants did not present a colorable claim in support of their privacy argument. Consider the context of …
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njcourts.gov
… following oral argument shall serve as the court’s determination concerning the motion by plaintiff, Scott … tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” R. … If there is no agreement, then the court shall make a determination based on the calculations submitted by each …
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njcourts.gov
… this amount. 10 A-3750-17T2 cases defendant relied upon to support its position "factually distinguishable" from this … his earlier ruling was "appropriate under . . . FELA." To support his decision, the judge relied heavily on the fact … defendant relies on other state and federal cases to support its position. However, these cases are neither …
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njcourts.gov
… concluded that "substantial credible evidence in the Record support[ed] the Administrator's filing of the Amended First … excluding certain issues from the procedure leaves their determination untested, and creates a risk of error. The … action. In the meantime, barring an excessiveness determination may result in a larger-than-needed burden on …
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njcourts.gov
… the objective facts and circumstances of the case tend to support or negate an inference the State provoked a … was intended to goad a defendant into seeking a mistrial supports the trial court 's conclusion. As for the first … by the police. Defendant fails to provide a reason that supports his premise Silva's in-court identification was the …
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njcourts.gov
… and articulable suspicion to detain defendant are amply supported by the record, and the legal consequences that … arguments, we detail the constitutional principles supporting a detention pursuant to a Terry stop and after a … previously committed a predicate offense, the evidence supports his conviction for certain persons not to have …
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njcourts.gov
… 42 N.J. 146, 161 (1964)—so long as those findings are "supported by sufficient credible evidence in the record," … to leave a handgun that they observe in a public area for children or others. 13 A-5651-17T4 His recitation of those … Wong Sun v. United States, 371 U.S. 471, 488 (1963)). The determination whether significant attenuation exists to …
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njcourts.gov
… 192 N.J. 224, 244 (2007), as long as those findings "are supported by sufficient credible evidence in the record," … summation, echoing the first trial court's findings supporting its oral decision to admit the other-crimes … when he was involved in criminal behavior was a factual determination; it did not render the admission of that …
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njcourts.gov
… claims. 4 A-5113-14T3 testified that he "certainly support[ed]" plaintiff's use of family leave, which he … for Development" section, he wrote, "[S.A.] has family support and care giving needs that result in her making more … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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njcourts.gov
… was exposed. We conclude that factual finding was not supported by the record. I. On appeal, plaintiffs concede … used by Condon included a warning to keep away from children. Between 1985 and 1987, Condon was promoted to an … link between Condon and Pecora was Burnham, and a determination of Pecora's liability would have necessitated …
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njcourts.gov
… must be abrupt, the judge found that Morton did not support plaintiff's argument that "general deterioration … an accident. However, the language of the clause did not support that representation. Rather, the clause virtually … and accidental" language were bound by the Court's determination of its meaning. See Champion Dyeing & Finishing …
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njcourts.gov
… conditions present at the time of the accident, which was supported by the plaintiff's daughter.2 Witczak cited a City … noted 3 United's motion for reconsideration did not include supporting documents but was still considered by the court. … issue. See Filipowicz, 350 N.J. Super. at 561 (noting determination of the comparative fault of the parties is a …
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njcourts.gov
… of the mortgage. It rejects the trial judge's determination that its argument was actually an attempt to … date when calculating the amount due because the evidence supported a finding that Rosemont waived its right to … did not declare a default prior to May 2014. The City also supports its argument with deposition testimony from 20 …
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njcourts.gov
… to the trial court, defendant's affidavit in support of PCR provides: I wanted to testify at trial to … to defend myself, [my female companion], and her two children. I explained this [to] my trial attorney, yet he … on to a PATH train, packed with people. His own two infant children. Was that a gross deviation that resulted in the …
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njcourts.gov
… and imposition of a 144-month FET, finding the decision was supported by credible evidence in the record and not … that the Board provided a sufficient explanation for its determination and satisfied the demands of due process. Id., … built upon prior decisions, which had established that "children are constitutionally different from adults for …
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njcourts.gov
… preprinted form with little opportunity for negotiation. To support this argument, the Plaintiffs contend that Mr. Fahmy … of the art constitutes opinion or sales talk, which cannot support a fraud claim. Rodio v. Smith, 123 N.J. 345, 352, … by Lacka were nothing more than friendly advice. That determination is not for this Court to make on a summary …
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njcourts.gov
… . . . defendant" as factors bearing on his credibility determination. The judge found that, while probable cause may … trial court's decision, provided that those findings are "supported by sufficient credible evidence in the record." … that credible evidence in the record supports the judge's determination that the officers had probable cause to search …
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njcourts.gov
… date, in 2008, we affirmed the Law Division judge's determination, holding, [W]hen property increases in value … 9 A-1380-14T3 This court further held: 1) The court's determination to deny interest for the period prior to … defer to the factual findings of the trial judge that are supported by adequate, substantial and credible evidence in …