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… that none of the Miller factors outweighed the reasons that supported life imprisonment. In recognition of certain … offense was part of Defendant's plan to get revenge was unsupported by evidence and contrary to facts that are not in … could be expanded for good cause. N.J.S.A. 2A:4A-26(d). In support of such a motion, the State had to establish …
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… 8 A-4953-17T1 he was resuscitated by advanced cardiac life support. During that time, Aviv was deprived of oxygen. He … the objection, finding it was improper as it lacked the support of expert testimony. He described the proffered … their request for a ruling that the facts here did not support a Scafidi charge. Thereafter, counsel and the court …
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… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
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… be delivered to the jury only when there is 'obvious record support for such [a] charge. . . .'" Ibid. (second … 119, 137 (App. Div. 2000). Our review "is limited to a determination of 'whether the findings made by the trial court … may review and modify a sentence "only when the court's determination was 'clearly mistaken.'" State v. Jabbour, 118 …
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… are entitled to deference on appeal so long as they are supported by sufficient credible evidence in the record. … issue here, damages, until the court in Canada made its determination on unrelated issues. The core issues in this … v. Sharp Elecs. Corp., 116 N.J. 739, 751-52 (1989). A determination of whether given conduct is improper pursuant to …
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… 107 N.J. 416, 426 (1987), Here, the record provided ample support for the court to conclude that PACA's fraud claims … in timely prosecuting claims). As a result, the record supported the court's conclusion that the statute of … with significant water infiltration. Moreover, the record supports the court's conclusion that the Feldman defendants …
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… The court concluded the Board's findings were well-supported by the record, and its decision conformed with the … "[T]he role of a judge in reviewing a local variance determination is solely to ascertain whether the action of the … interpretation of a zoning ordinance is purely a legal determination, and the determination of a zoning board on the …
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… proofs identifying him as one of the shooters further supports the likelihood that he did not suffer prejudice … of the trial judge, an appellate court is not bound by a determination when the 'particular circumstances present such … (approved Jan. 14, 2013)).] "The trial court's determination as to whether a Czachor charge is warranted …
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… a search of his car. He contends the affidavit presented in support of the search warrant failed to state that the car … defer to the fact-findings of the trial court when they are supported by sufficient, credible evidence in the record. … denial of the motion to suppress the recorded statement was supported by the credible evidence. Defendant never asked …
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… was a long-term substance abuser who sold drugs to support his habit. Defendant argued that the court should … N.J.S.A. 2C:44-1(b)(3). He claimed the drug sales were to support his habit. 12 A-2572-18 In his sentencing analysis, … in a motion to suppress provided those "findings are 'supported by sufficient credible evidence in the record.'" …
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… to commit armed robbery and robbery. These same proofs also supported the felony murder count. 16 A-2807-18 As to the … under the law. R. 2:10-1. There was sufficient evidence to support 21 A-2807-18 the jury's verdict. Thus, no manifest … as well as co-conspirator liability. Indeed, if the facts support liability as an accomplice or a co-conspirator, each …
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… can be made. Thompson at 9-10, 26. "[T]he final determination of a match is always done through direct … to come to a conclusive result" and therefore "couldn't support [Mayer's] opinion." He decided that he needed to … We reject these contentions because the court's contrary determinations were squarely based upon its judgment that …
STATE OF NEW JERSEY, DEP VS. NORTH BEACH 1003,LLC, ET AL,STATE OF NEW JERSEY, DEP VS. SHANIN SPECTER, ETALSTATE OF NEW JERSEY, DEP VS. THOMAS R. KLINESTATE OF NEW JERSEY, DEP VS. ROBERT S. HEKEMIAN,ET AL. STATE OF NEW JERSEY, DEP VS. RICHARD CAROLAN, ETAL
Opinions
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… such factual findings only if "they are so manifestly unsupported by or inconsistent A-3393-15T4 22 with the … and advisable." N.J.S.A. 12:3-64. The word "extent" supports the interpretation that the DEP has the discretion … acquire only a fee simple. That argument, however, finds no support in the language of the statute. N.J.S.A. 12:3-64 is …
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… failure to produce any testimony before the grand jury to support the dates set forth in the indictment."1 The State … The prosecutor argued that the evidence was sufficient to support the counts; and the State was not obliged to provide … relies on a purely legal question . . . we review that determination de novo." Twiggs, 233 N.J. at 532. B. Applying …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 214 N.J. 303, 322 (2013). We review a trial court's determination of that question de novo. Broach-Butts v. … a duty of care did not arise because nothing in the record supported the conclusion that the apartment complex owner …
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… [was] not convinced that there [was] enough evidence to support that assertion. The State asserts, "there is a … limited issues presented in this appeal and we make no determination as to whether any of those claims have merit. We … due deference to the municipal court judge's credibility determinations but conducted a de novo trial on the record, …
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… was ineffective by: (1) failing to retain an expert to support his claim that "an eyewitness's asserted familiarity … to Jordan's murder by a man identified as Quaran Brown. In support of his claims, defendant submitted a certification … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary 7 Brady v. …
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… variance or amendment to the [r]edevelopment [p]lan." In support, ERUR's managing member, Yaakov Klugmann, certified … that there is nothing in the record presented which supports the somewhat extreme relief requested, that is, an … site plan approval of the [o]ff-[s]ite [p]roperty." In support, the judge "emphasize[d] that the [o]ff-[s]ite …
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… is necessary to ensure continued impartiality. Any such determination should be placed on the record to facilitate … of the trial judge, and no per se rule governs that determination. (pp. 17-20) 3 2. Here, the trial judge’s … name and phone number and was therefore not “anonymous,” supports the trial court’s implicit determination that …
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… trial rather than making assertions that lacked evidential support). However, "'[r]eferences to matters extraneous to … trial rather than making assertions that lacked evidential support. In discussing the clothing, he was responding … or refer to matters outside 32 A-1459-22 the record as support for the witness's credibility." Walden, 370 N.J. …