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… The Court explains how N.J.S.A. 2C:39- 5(h) and (i) support that analysis. Most importantly, though, if the … of other provisions within N.J.S.A. 2C:39-5. In support, defendant emphasizes that subsection (j) expressly … enhancements apply only to sentencing -- “[t]he judicial determination 19 of the penalty for a crime,” Black’s Law …
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… we see no abuse of discretion in the trial court's determination to reduce the amount of fees sought by … because plaintiffs failed to file an affidavit of merit to support an allegation of professional negligence, as … concluded that plaintiffs had alleged sufficient facts to support their other causes of action against 11 We note …
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… court found "the undisputed facts of the case" failed to support plaintiffs' negligence claim because defendants sold … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … the exceptions, the Court focused on the legislative policy supporting equine activities. Id. at 203 (citing N.J.S.A. …
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… basis that the State had presented insufficient evidence to support a conviction. During deliberations, pursuant to a … 357, 364 (App. Div. 2019). This includes a trial court's determination regarding the qualifications of an expert and … testimony, there was overwhelming sufficient evidence to support the jury's finding of guilt on the CDS charges. …
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… verdict form, citing a lack of precedential authority to support defendants’ theory that Dr. Diep -- a non-party … defendants challenge the Appellate Division’s determination that the model civil jury instructions on … Division’s affirmation of the trial court’s legal determination that it did not possess the authority to permit …
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… and certainly d[id] not allege any facts that could support such a [conclusion]." The judge observed the … might be expected to take place." Id. at 400. The Court supported its conclusion by referring to the 1968 LLA's … LLA. Id. at 402. Plaintiff relies heavily on Harrison in support of her argument that the County is not entitled to …
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… anything herein to the contrary, the Board in its determination of the Common Expenses and the preparation of a … decision and files suit, he/she must obtain a judicial determination/judgment more favorable than the award by the … Greene testified she sent the additional set of notices and supporting attachments on February 11, 2020. She did not …
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… Watford failed to consider the wrongful eviction claim. In support of his arguments, Mucha asserted the arbitrator … arbitrator. We agree with the court that the arbitrator's determination that a security officer "grabbed [Mucha] and … stemmed from a wrongful eviction. That was a legal determination necessary 27 A-3505-21 for a court's …
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… who arrested him in Pennsylvania had known him since childhood, and they had a physical confrontation over dating … Furthermore, criminal convictions must "rest upon a jury determination that the defendant is guilty of every element of … our holding that "[t]he State presented only one theory to support the charge of reckless manslaughter – defendant and …
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… as the possible shooter. McCullum was removed from life support the following day. Sometime after McCullum's death, … 14 A-2476-22 Defendant does not dispute the court's determination that McCullum's statement, if made, falls … N.J. 66, 79 (2016). The plain error standard requires a determination of: "(1) whether there was error; and (2) …
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… Protection (DEP) for a Highlands Applicability Determination (HAD). Tennessee’s HAD application requested an … and Appurtenant Structures, Highlands Applicability Determination, Program Interest No.: 1615-17-0004.2 … U.S.C. § 717f.2 FERC’s approval of Tennessee’s project was supported by FERC’s findings that the “project will not have …
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… correctly concluded that the complaint was sufficient to support a claim of design defect”). II The Court draws the … plans in a manner and to an extent as to require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiff thus asserts that, in seeking …
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… February 6, 2012. He was survived by his wife and his three children: plaintiff, defendant, and a daughter. At the time … cross-motion as an "attempt[] to relitigate the determinations 18 A-3678-22 previously made by [the first … of the Chancery Division "are entitled to deference 'when supported by adequate, 20 A-3678-22 substantial[,] and …
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… of the conditional plea and the speedy trial determinations. The motions were argued on October 11 and … This reservation of "the right to appeal from the adverse determination of any specified pretrial motion" must be placed … to suppress deferentially, affirming whenever they are supported by sufficient credible evidence in the record." …
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… cases for trial. The court found "the evidence that would support the [witness tampering] indictment . . . would … case.8 The court's sua sponte actions were founded on its determination that the New Jersey Division of Criminal Justice … but did not deem its absence relevant to defendant's determination to accept or reject the State's plea offer in …
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… possible diagnosis, where a regular diagnosis would be one supported by evidence. He noted that while some of the … treatments, shall, within [twenty-four] hours after his determination of such fact, report the same to the Director of … "within [twenty-four] hours after [the physician's] determination" that the conditions persist and recur despite …
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… to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. … 186 (2013)). We owe "no special deference to the judge's determination of [the enforceability of an arbitration … forum—a retired California judge or justice—in a manner supporting a 18 A-3018-18T1 finding there was a meeting of …
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… defense and that it was not the jury's duty to make that determination. Defense counsel requested the court advise "the … "is any reason that you would have any 2 The court's determination that HIPAA precluded defendant's proposed voir … the court nor the State cited to any HIPAA provision supporting the court's determination. 9 A-2498-17T1 …
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… the damaged part of the road that caused the accident." In support of William's liability assertions against NJT, his … railroad tracks caused William's accident. The judge's determination that Kreuger's testimony was only speculative … defect which caused William's accident is a credibility determination to be made by a finder of fact and not a legal …
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… application of the loss on Shechtel's 2010 return. In support of its order, the Tax Court issued a comprehensive … of law. The Division cross-appealed from the Tax Court's determination that it was not entitled to interest or … For the reasons that follow, we reverse the Tax Court's determination as to Shechtel's tax liability and affirm its …