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… 1990). However, we add the following remarks. Factual determinations "made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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… filed a motion in opposition to plaintiff's motion and in support of their cross-motion to enforce the settlement. In … the record and set forth specific findings of fact to support its decision, we need not address defendants' second …
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… JUDGE FAILED TO APPROPRIATELY CONSIDER MR. WOOLLEY'S CHILDHOOD TRAUMA AND MENTAL HEALTH DISEASES AS A MITIGATING … health and 12 A-1603-18T4 traumatic episodes of his childhood. In particular, defendant argues the court was … of his or her sentencing deliberations, mitigating factors supported by credible evidence. State v. Case, 220 N.J. 49, …
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… that neither man purchased anything while inside the store" supported the officer's deduction that he witnessed a CDS … pocketing a small unknown object supported the officer’s determination that a drug transaction occurred); see also … to conceal an object is a factor in probable cause determination). The incriminatory nature of the object was …
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… a purported canine behavior expert, furnished a report in support of plaintiff's claim that defendants were negligent. … established a standard of conduct which violation could support a claim for negligence. 408 N.J. Super. 83, 105 …
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… Defendant then moved into plaintiff's house with her two children in 2017. Plaintiff testified he "tried to be a … and he "lend[ed] [defendant] money all the time" to support her and her children. In March 2019, they separated … in its decision and thus, without further findings, its determination to issue an FRO was a misguided exercise of …
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… (requiring 8 A-2437-20 "specific and articulable facts" to support reasonable suspicion to justify a warrantless Terry … the State has not cross-appealed the trial court's determination of an illegal stop. The State argued, and the … not rely on facts that it already deemed inadequate to support reasonable suspicion for the initial stop. We do not …
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… The judge also considered the defense expert report in support of the reconsideration motion and determined a jury … Thus, plaintiff was required to present expert testimony supporting the dislocation of the bit from the dental drill …
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… Cir. 1996)). Frankly, both parties have made arguments that supported the trial court's damages formula when it helped … considered in the damages formula. At that point, defendant supported the formula that it argued against in the previous …
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… stating the rules "shall be construed to secure a just determination, simplicity in procedure, fairness in … to her bad faith conduct. We see no basis to upset that determination. Futrell next contends the order to proceed summarily deprived her of discovery that could support her claims and defenses, thereby denying her due …
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… but allowing the results from the second draw. The judge supported that ruling with a written opinion. The motion … the warrant judge determined that there was probable cause supporting the search and the motion judge independently …
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… respondent and the real party in interest. 6 A-0620-19T1 determination, the judge determined the parties had agreed to … because the Agreement implicates interstate commerce. To support his position, defendant argues he is a resident of … waived defendant's right to seek relief in that forum. To support his contention, plaintiff attempts to advance a …
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… a second time and denied it. She appealed the Board's determination to the OAL as a contested case on March 2, 2012. … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Ibid. …
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… argued the witness did not establish a foundation to support his opinion about what caused defendant's head … injury. The prosecutor argued the witness' testimony was supported by the car's "severe frontend damage" and the …
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… ALTHOUGH THEY WERE AVAILABLE TO HIM UPON REQUEST AND SUPPORT THE DEFENSE THAT [OFFICER] GONZALEZ'S STORY OF … ALTHOUGH THEY WERE AVAILABLE TO HIM UPON REQUEST AND SUPPORTED THE DEFENSE THAT [OFFICER] GONZALEZ'S STORY OF …
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… Zell Neustadter, filed a complaint on behalf of their children against Wolfson and BST, two of the defendants in … sign forms authorizing the withdrawal of funds from their children's UESP accounts and, without authorization, … 2 Neither party has provided a certification from Simon to support or refute any of these assertions. Accordingly, the …
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… White, 580 U.S. at ___, 137 S. Ct. at 550. Those facts supported the qualified immunity claim and were not in … 462 U.S. 213, 243 n.13 (1983) (stating "[i]n making a determination of probable cause the relevant inquiry is not … explanation does not mean that those actions cannot support articulable suspicions, if a reasonable person would …
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… from ICPC funds for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or … 6 A-4327-18T2 submitted by Mazooz Sehwail and/or [wife] in support of their claim; all correspondence between NJM and … to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401. …
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… petition nearly four years later, on April 13, 2018. In his supporting affidavit, he alleged his criminal attorney never … Defendant repeatedly turned this down. The record does not support defendant's claim he was misinformed about the …
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… TO THE [JUDGE'S] IMPROPER RULING. Our review of a judge's determination to commit an individual is "extremely narrow," … of 6 A-3246-19 R.F., 217 N.J. 152, 175 (2014). A judge's determination should not be disturbed if the judge's findings are "supported by 'sufficient credible evidence present in the …