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njcourts.gov
… there were no mitigating factors. Those findings were amply supported by the record. In particular, the court relied on … the sentencing court provided an adequate explanation in support of its decision to impose consecutive sentences. We …
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njcourts.gov
… factual findings and will uphold those findings that are "supported by sufficient credible evidence in the record." … representation of counsel affected 10 A-2379-16T2 "a determination of guilt or otherwise wrought a miscarriage of … N.J. at 476. Although we discern no error in the judge's determination that defendant's petition was procedurally …
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njcourts.gov
… flight "in combination with other circumstances . . . may support reasonable and articulable suspicion"). Notably, the … in vehicular homicide case where the only Yarbough factor supporting consecutive sentences is the presence of multiple …
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njcourts.gov
… Defendant was the custodial parent of his five children and was visually impaired, but those circumstances … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … the drugs. II. We give great deference to a trial court's determination on the admissibility of other crimes evidence. …
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njcourts.gov
… POINT IV THE TRIAL COURT'S OMISSION OF JURY CHARGES IN SUPPORT OF MR. GOODEN'S DEFENSE VIOLATED HIS RIGHTS TO DUE … N.J. 383, 453 (1998), and will overturn a N.J.R.E. 403 determination "[o]nly where there is a clear error of … sufficient clarity and particularity, its findings were supported by the record, the court correctly applied the …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … not 12 A-4148-19 engage in a strained construction to support the imposition of liability." Longobardi v. Chubb …
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njcourts.gov
… identified no document, testimony, or other evidence in support of their claim for breach of Section 5.10 of the … 4:46-5(a) (“When a motion for summary judgment is made and supported as 8 provided in this rule, an adverse party may …
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njcourts.gov
… legal principles. This court's review of DMAHS's determination is ordinarily limited. Barone v. Dep't of Human … with the responsibility of implementing legislative determinations."); see also Wnuck v. N.J. Div. of Motor … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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A-40-23 Reply Brief Letter
Briefs
njcourts.gov
… Brief on behalf of Plaintiff/ Appellant Linda Brehme in support of the above Petition for Certification. Respondent' … Issues Respondent has not and cannot provide any basis to support the bald conclusion that the only way to have a new … is in any event entitled and still pursue a request for a determination on appeal which would increase that sum.") 7 …
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njcourts.gov
… not be retroactively excised from N.J.S.A. 2C:58-4(c). To support his position, defense counsel claimed, "the … (quoting McDonnell v. U.S., 579 U.S. 550, 576 (2016)). To support its decision that applying the severability holding …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… to the statement was a certification from a litigation support coordinator attesting to the fact plaintiff loaned … consist[ed] of bare legal conclusions . . . entirely unsupported by affidavit or competent evidence. Even in … judgment motion and the evidence submitted by plaintiff in support of the motion because they were not raised before …
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njcourts.gov
… 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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njcourts.gov
… alternatively, to waive his appearance at that hearing. In support of his alternative request, defendant submitted an … at the evidentiary hearing on his motion to suppress. In support of that ruling, the trial court issued a written …
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njcourts.gov
… without prejudice because defendant "failed to provide any supporting affidavits or documentation setting 5 In Blakely, … TO MAKE ANY FINDINGS OF FACTS OR CONCLUSION OF LAW IN SUPPORT OF ITS RULING DENYING DEFENDANT'S RULE 3:21-10(B)(5) …
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njcourts.gov
… financial and legal management, information systems support, claims management, and reinsurance arrangements. In … not easily defined, informal agency action is any determination that is taken without a trial-type hearing, … 168, 173 (App. Div. 2003)). Under the APA, "if an agency determination or action constitutes an 'administrative rule,' …
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njcourts.gov
… it seems clear that [defendant] entrusted all such determinations to the sound discretion of plea counsel, a … never with that individual at the time and date proposed in support of said alibi. His final statement 13 A-2190-21 was … specific and credible facts in the record required to support a colorable claim of innocence, thus he is not …
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njcourts.gov
… 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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A-31-24 Amicus Curiae Brief Levinson Axelrod PA
Briefs
njcourts.gov
… and no witnesses to either oppose Petitioner’s motion or in support of its position that Petitioner was not an essential … When a worker files a motion seeking relief, ruling or determination that worker has a right to compel the Court to … During the two and a half years Petitioner’s motion for a determination was pending, someone lost sight of the policies …