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njcourts.gov
… Ed. 2d 241 (2016). We defer to the trial court's findings supported by sufficient credible evidence in the record, … them." State v. W.B., 205 N.J. 588, 602 n.3 (2011). The determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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njcourts.gov
… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
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njcourts.gov
… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991), … of the crime is another question of fact for your determination. Mere departure from a place where a crime has … have the same elements; and whether the same evidence would support a conviction on both offenses), certif. granted, 225 …
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njcourts.gov
… Plaintiffs first assert there was insufficient evidence supporting the Board's approval of defendant's application … as defined in the MLUL." Price, supra, 214 N.J. at 287. A determination that a property is particularly 5 The two other … determine if defendant satisfied the negative criteria. Determination of the "negative criteria" involves two …
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njcourts.gov
… Thus, Kearny cannot rely upon N.J.S.A. §2C:21-36 to support the Amended Ordinance requiring compliance when … and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly …
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njcourts.gov
… as mortgagee foreclosing on a mortgage. Specifically, in support of this proposition, defendant cites to N.J.S.A. … which was held while the instant motion was pending. In support of this proposition, defendant cites Caput Mortuum, …
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njcourts.gov
… a diminished capacity defense at trial, N.J.S.A. 2C:4- 2, supported by the testimony of his expert witness. … credited those instructions. Because the motion record supports the judge's findings, Wright, 444 N.J. Super. at …
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njcourts.gov
… was trespassing on the property. Both those findings are supported by substantial credible evidence. Consequently, … To the extent that Johnson, Ford, or Wilson can be read to support an argument concerning diminished privacy …
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njcourts.gov
… purpose other 5 A-1868-17T4 than those used exclusively to support the agricultural and horticultural operations of the … other than that which is solely used for and needed to support the agricultural and horticultural activities … the examination and cross-examination of witnesses, and determinations grounded 16 A-1868-17T4 on competent and …
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njcourts.gov
… of the statement given to the court by Belluscio in support of the search warrant application. Defendant also … substantial, and 16 A-1968-19 the verdict may find strong support in the record; that matters not." Ibid. See State v. …
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njcourts.gov
… Findings that [Defendant] is Likely to Recidivate Was Unsupported By the Record. [(Partially raised below).] (i) The … to Find Mitigating Factors Eight and Nine Was Otherwise Unsupported. C. The Resentencing Court Erred in Finding and … defendant's conduct was excusable based on the jury's determination that his "conduct was knowing [and] purposeful." …
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njcourts.gov
… challenge to prove a race- or ethnicity-neutral basis supporting the peremptory challenge. In gauging whether the … and the type of work they do; whether you have any children living elsewhere and the type of work they do; … are mailed. An inclusive pool is the first step to support jury venires drawn from a fair cross-section of the …
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njcourts.gov
… Weaver’s Arguments Defendants Tassev, Levine, and Weaver support the arguments made by Ocean Coast and similarly … retain the cause for all purposes, and proceed to a final determination of the entire controversy and, except where the … of leaving only purely legal issues remaining for determination. . . .”). An equitable cause of action “draws …
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njcourts.gov
… contractor status and ANSI and NIOSH compliance to support Valdez-Martinez' incompetent contractor claim, Mizel … The motion judge's ruling was not a dispositive determination that the incompetent contractor claim could not … doctrine. "Denial of a motion for summary judgment is a determination that there is an undisposed of issue, not a …
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njcourts.gov
… this letter brief, in lieu of a more formal brief, in support of the State’s Motion In Limine pursuant to N.J.R.E. … A briefing schedule followed, with defense filing briefs in support of their filings on March 4, 2025. The State filed … to prove or disprove any fact of consequence to the determination of the action. N.J.R.E. 401. There are two …
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njcourts.gov
… defect that rendered Creamer's bid non-responsive. In support of that argument, Carbro asserts that the trial … under the PWCR Act. Our construction of the statutes is supported by the record in this matter. As already noted, …
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A-16-24 Respondent Brief Letter
Briefs
njcourts.gov
… while the Hospitals had provided sufficient evidence "to support a finding that N .J .S.A. 26:2H-l 8.64 has had an … August 9, 2024 Page 8 The Hospitals make three arguments in support of their Petition .. First, they argue that the …
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njcourts.gov
… Flagrant Violation Of The Recordation Requirements, Did Not Support The Trial [c]ourt's Ruling That The Photo … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … 434, 451 (1972)). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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njcourts.gov
… its argument that the holding in Hargrove controlled the determination of whether Access Bio was plaintiffs' joint … 142 N.J. 520, 529- 30 (1995)). Self-serving assertions, unsupported by evidence, "[are] insufficient to create a … Enterprise, 683 F.3d at 467. The court held that a "determination of joint employment 'must be based on a …
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njcourts.gov
… nurses, and the patient advocate, and sent letters in support of his requests to various NSP personnel. A "sick … R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …