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njcourts.gov
… if 1) the defendant establishes a prima facie case in support of PCR, 2) the court determines there are "material … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998)). Such determinations are "best made" at an evidentiary hearing, and "[e]ven a suspicious or questionable affidavit supporting a PCR petition" may not be summarily rejected, …
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njcourts.gov
… because it lacked "a [p]roper [f]oundation" and was supported by only "[n]et [o]pinions[.]" As a corollary, … and did vigorously challenge the admissibility of evidence supporting plaintiff's claim for medical expenses under …
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njcourts.gov
… contends the error was not harmless because disputed facts supporting his defense of misidentification were elicited by … all evidence presented at trial[,]" and to base their determination "on all of the evidence presented during the … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017); State …
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njcourts.gov
… to state a claim upon which relief may be granted. To support the motion, defendants submitted the certification … on its evaluation of conflicting certifications and its determination that plaintiffs were unable to prove their … harm is the foundational "fact- specific" element in the determination of whether a duty exists. Williamson v. Waldman, …
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njcourts.gov
… the scapula, which sits along the back shoulder and supports the shoulder blade when a person lifts his or her … as an expert and allowing him to offer opinions. The determination to admit testimony, including expert testimony, … 355 (2005)). If, however, an expert's conclusions are not supported by factual evidence or other data, such testimony …
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njcourts.gov
… officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. To find … officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. N.J.S.A. …
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njcourts.gov
… did not violate A.G.D. because, in its view, the record supported the trial court’s finding that Vincenty “was … findings of the trial court so long as those findings are supported by sufficient evidence in the record.” State v. … right against self-incrimination if, when making that determination, they have not been informed of the charges …
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njcourts.gov
… He treated defendant and defendant's wife as his own children. The relationship ran the gamut from loud arguments … 540 (2013). So long as the judge's factual findings are supported by sufficient credible evidence in the record, … at 540. Trial counsel, an experienced defense attorney, supported by two experienced investigators, painted a …
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njcourts.gov
… the proximate cause of Deanna's suffering and death. In support of its proximate cause argument, Walgreen pointed … v. Matriss, 55 17 A-3331-20 N.J. 193, 205 (1970). In support of his argument that the pharmacies deviated from …
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njcourts.gov
… his sentence, his guilty pleas also must be vacated. To support his argument, defendant claims he relied to his … that his factual basis was inadequate. I. The facts supporting defendant's guilty pleas are straightforward. On … right therefore was limited to the judge's downgrading determination. Nor did the State move for leave to appeal to …
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njcourts.gov
… 422 (1997)). Thus, the plain error standard requires a determination of: "(1) whether there was error; and (2) … the law enforcement officer or another[.]" First, to support a conviction for the basic offense of resisting … third-degree crime, leading to a non-unanimous verdict. In support of his position, defendant cites to State v. Gentry, …
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njcourts.gov
… fees, contending they were a prevailing party. In support of their argument, plaintiffs contended that the … order . . . that this [c]ourt was bound by, the prior determination of a dismissal which bound this [c]ourt as a … is case-specific, but the court's ruling must always be supported by competent and credible evidence. Jones v. …
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njcourts.gov
… where the factual allegations are palpably insufficient to support a claim upon which relief can be granted," Rieder v. … would not promote the doctrine's objectives of conclusive determinations, party fairness, and judicial economy and … issue). Likewise, we "review[] de novo the trial court's determination of [a] motion to dismiss under Rule 4:6-2(e)." …
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njcourts.gov
… recommendation are attached to this order. The additional supporting documentation in the certified record submitted … 2, 2024; 3. All material exhibits (Exhibits 1 through 8) in support of the tendered removal by consent; 4. Certification …
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A-34-23 Appellant Response To Amicus Brief
Briefs
njcourts.gov
… 2 POINT II THE EQUITIES OF THIS UNIQUE CASE SUPPORT PERMITTING APPORTIONMENT … resolution in a single lawsuit, rather than an incomplete determination of comparative negligence in New Jersey, followed by a redetermination of comparative negligence in New York. FILED, …
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njcourts.gov
… examine, gather information relating to, and make certain determinations regarding the product and the roof as a whole, … suffered by the defendant. Defendant also cites to Aetna in support of its argument in which the plaintiff alleged that … by Defendant to Sauer is subject to a credibility determination by the jury. As there remains a genuine dispute …
njcourts.gov
… David Lande (Lande) appeals from a final administrative determination by the Board of Trustees of the Public … 22, 2024, the Board issued its final administrative determination, which denied Lande's request to purchase … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." …
njcourts.gov
… after twenty years have passed. Because defendant offers no support for his primary contention he did not have earlier …
njcourts.gov
… are properly in the Law Division and defendants did not support their motion to dismiss with competent or sufficient …
njcourts.gov
… and the measurements taken at the site, it [was her] determination that the construction of 138 Park Avenue [was] … joined, contending plaintiff failed to appeal Holtzman's determination to the Board before filing his complaint. On … to show cause and dismissing his complaint with prejudice supported by an oral opinion. It found "plaintiff, having …