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njcourts.gov
… bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" In re Taylor, 158 … recognizes that, as both parties assert, cases exist to support either side's position regarding principles of … law, such as common law. The available legislative history supports DEP's position. In the 2001 Senate Environment …
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njcourts.gov
… plea, he waived his right to appeal any other adverse determination, including his motion to compel the State to … trial court's decision, provided that those findings are 'supported 6 In reversing the trial court, we explained that … the encounter, are circumstances relevant to the court's determination. See Pineiro, 181 N.J. at 22. Likewise, courts …
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njcourts.gov
… seriousness of his prior record, again, is a qualitative determination that the [c]ourt is required to make note of the … substantially outweigh the mitigating factors. The record supported the sentencing judge's finding of this aggravating … find the judge abused his discretion in making this determination. Nor do we find that the judge abused his …
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njcourts.gov
… to meet this objective, the Township should continue to support the district with public parking facilities, and the … bakeries, and nonalcoholic beverage bars. II. A In support of its application, Kensington presented the … on the use. Gregory noted the Board's concern "about school children and maybe the traffic 18 A-1010-19 during that …
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njcourts.gov
… factors and assigned too much weight to marginally supported estimator factors." In essence, defendant argues … fails to issue an identification instruction, "[t]he determination of plain error depends on the strength and … evidence in the case that you consider relevant to your determination"; that it may consider "all of the circumstances …
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njcourts.gov
… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … merged offense of second-degree aggravated assault, were supported by the proofs in the record. As to Paz, although … factors three, six, and nine. Nothing in the record supports the mitigating factors defendant now proposes …
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njcourts.gov
… Act, and that there were no facts in the record to support the notion that plaintiffs contributed to Palermo's … plaintiffs argue the court correctly concluded the jury's determination that plaintiffs were justified in relying on the … Further, its conclusion that the jury's determination that plaintiffs reasonably relied on Woodward's …
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njcourts.gov
… defendant asserts the State's evidence was insufficient to "support a finding that the defendant maintained the premises … sentences. We review a "trial court's 'sentencing determination under a deferential [abuse of discretion] … offenses. Defendant's criminal history also clearly supported the judge's finding of aggravating factor six, the …
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njcourts.gov
… only arises "in situations where the evidence will support a conviction based on the theory that a defendant … Maloney, "none of the evidence presented by the State could support a jury finding that defendant was liable as an … in a motion to suppress provided those findings are supported by sufficient credible evidence in the record. …
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njcourts.gov
… that defendant Luis Machuca,1 the father of her two children, was a resident of her household. Based on Perez’s … policy under that Act. C. ICNJ, appearing as amicus curiae, supports the position advanced by CURE. ICNJ maintains that, … instant case relied on that logic from Varjabedian in its determination that, even under basic policies, insurers are …
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A-34-24 Petition For Certification
Briefs
njcourts.gov
… Division affirmed the trial court’s duty-to-defend determination. (Pa22.) When it initially accepted coverage in … terpretation of the language, courts apply the meaning that supports coverage rather than the one that limits it.” … construe” the exclusion and “apply the mean- ing that supports coverage,” Flomerfelt, 202 N.J. at 442, the panel …
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njcourts.gov
… then denied the State's application as to "the ultimate determination." With respect to the recorded phone calls to … factual findings of the trial court if those findings are supported by sufficient credible evidence in the record." … Fundamental constitutional principles govern this determination. "The United States Supreme Court clarified the …
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njcourts.gov
… into a final judgment. The court found that the jury's determinations of fraud, breach of contract, and 11 A-2275-22 breach of fiduciary duty were "amply supported by evidence in the record." Nevertheless, the … those three individuals becoming members. In making that determination, the court noted that the parties had agreed …
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njcourts.gov
… call them a "conscious strategic decision" that could not support an allegation of ineffective assistance). Applying … see Coruzzi, 189 N.J. Super. at 321, nothing in the record supports the conclusion counsel's failure to call any … given almost a year prior to defendant's conviction, which supported defendant's third-party guilt defense. …
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njcourts.gov
… We likewise conduct a plenary review of the trial court's determination of a dismissal motion under Rule 4:6-2(e). … decision in Ryan. Plaintiff neither cross-moved nor filed a supporting certification to support her argument. Instead, plaintiff summarily argued …
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njcourts.gov
… or was late in paying certain loans extended by Privcap. In support of this claim, Majek asserted that on March 12, … proof that Norse was insolvent at the relevant time. In support of this claim, Majek relies almost exclusively on … Nexus and Privcap are based on nothing more than Majek's unsupported supposition and conjecture. In response to Majek's …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … on whether to impound a vehicle,4 the careful and well-supported analysis in Rodriguez provides a solid foundation … rationale for the automobile exception. That argument is supported by neither the plain language of Witt nor the …
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njcourts.gov
… years. On appeal, plaintiffs challenge the trial judge's determination that their use of cameras and a radar speed … to relocate the school bus stop utilized by defendants' children away from the end of their driveway to a location … defer to the trial judge's factual findings that are well-supported by competent evidence in the record. See Brunson …
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njcourts.gov
… 2020, the judge issued a written statement of reasons that supported orders (the August 2020 orders) denying 3 At some … suggested she could not revisit the issue because "[t]hat determination ha[d] not been challenged by any party" and "it … [not] be proper for [her] to . . . overrule that factual determination . . . without someone having asked me to." But …
njcourts.gov
… based on speculation. Plaintiff alleges the record does not support the Board's findings regarding the traffic safety … concluding the resolution provided sufficient findings to support the Board's decisions. Because the Rules of Evidence … of an acceleration lane, even though it was not their brainchild. Although the resolution mistakenly referred to …