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njcourts.gov
… vehicle code that does define the refusal offense. Our determination in Nunnally that the charging instrument error … N.J.S.A. 39:4-50.2. This interpretation of the statute is supported by our opinion in Jalkiewicz, where we noted that … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… 2(c), "the court must accept as true all the evidence which supports the position of the party defending against the … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. "It is well-settled … for reconsideration contained numerous material errors unsupported by the record. A motion for reconsideration is …
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njcourts.gov
… for a waiver of the specialty requirement, based upon its determination that plaintiff's proposed expert lacked active … at least seven doctors refused to become experts not only supports the good faith effort[,] it also calls into … basis in the record to support the trial court's determination that Dr. Caprio lacked "sufficient training, …
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njcourts.gov
… a hearing. Defendant does not challenge the court's determination on that issue on appeal. 13 A-1378-16T1 … the merits 15 A-1378-16T1 of defendant's arguments in support of his assertion that the court erred by denying his … conflicting information concerning the dates pertinent to determination of the credits.8 If the court on 7 For the …
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njcourts.gov
… for PTI and included a statement of compelling reasons supporting his admission. The prosecutor rejected … trial court, which refused to disturb the prosecutor’s determination. Defendant then entered a guilty plea to … reflects the CDRA’s policy “to afford special protection to children from the perils of drug trafficking, to ensure that …
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njcourts.gov
… 3 A-2974-15T2 suppress hearing when they are supported by sufficient credible evidence in the record." … photographs adduced at the testimonial suppression hearing, supported its conclusion that, although he lived in a house …
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njcourts.gov
… relief laws of the 1920's by personal contributions to support the families of men he had been called upon to … case in which he and I participated, Lavigne v. Family and Children's Sooiety of Elizabeth, 11 N. J. 473, 483 (1953). … opinions are replete with citations of earlier decisions in support of the decisions of the new court. Upon Justice …
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njcourts.gov
… double jeopardy argument. N.J.A.C. 10A:72-2.4(b) supports the trial court's finding that defendant's stay was … There is sufficient credible evidence in the record to support a finding that he did not show good cause under the …
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njcourts.gov
… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … 164 N.J. at 123. We review de novo the trial court's determination of an accrual date. Manalapan Realty, LP v. Twp. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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njcourts.gov
… 8 A-1593-21 would be injured in the manner asserted." In support, it noted the absence of prior OSHA violations … an "exception to the workers' compensation bar." It supported this conclusion by relying on the existence of the …
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njcourts.gov
… that the court admitted evidence during trial that only supported the State's case regarding the conspiracy count … 18 A-0263-20 alleged "flight" to Texas because it did not support an inference of "consciousness of guilt," and …
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njcourts.gov
… 2022). We also apply de novo review to a trial court's determination on a Rule 4:6-2(e) motion to dismiss for failure … Nor does Cole v. Jersey City Med. Ctr., 215 N.J. 265 (2013) support plaintiffs' waiver argument. In that case, our … A.3d at 132 ("The holding in Rodriguez provides forceful support for the notion that [federal forum selection …
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A-1607-23 Brief
Briefs
njcourts.gov
… LEGAL ARGUMENT POINT I - TI{E TRIAL COURT'S NON-JURY DETERMINATION TI-IAT TFIE RESPONDENT DID NOT INTENTIONALLY … SPLATTER PAINT ON TFIE APPELLANT'S CAR WAS NOT SUPPORTED BY TFIE EVIDENCE (Pa37) t -J 4 7 POINT II _ TFIE … AMENDED ARGUMENT POINT I THE TRIAL COURT'S NON.JURY DETERMINATION THAT THE RESPONDENT DID NOT INTENTIOI\ALLY …
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njcourts.gov
… KARAVAS, Defendants-Appellants, and YEHUDA MEER, MEER CHILDREN IRREVOCABLE TRUST, and ROBERT MORONI, … of Harmony Holdings. However, the arbitrator made a determination of the equity interests in Harmony Holdings, … clauses of the Promissory Note and operating agreement to support the submission of their claims to binding …
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njcourts.gov
… defendant filed a motion for a new trial. The motion was supported by defendant's certification and the notarized … 2021, the court entered an order denying defendant's motion supported by a written opinion.2 The court found defendant …
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njcourts.gov
… because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Id. at 155. … should be held when there is (1) a prima facie case in support of PCR relief, such as ineffective assistance, (2) …
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njcourts.gov
… A-3736-21 "that 'his life was over'" and "that 'he let his children down' and that 'this would not have happened if he … the short proceeding. Defendant raised five arguments in support of his petition. The only one that was not affected … no basis for disturbing the second judge's June 8, 2022 determination that defendant failed to satisfy the Strickland …
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njcourts.gov
… conclusions. Ibid. Similarly, "'[t]he trial court's determinations with respect to the applicability of OPRA are … agency charged with executive branch accountability and supports the trial court's finding that prong two was … court] must generally defer to the trial judge's determination" whether there is a common law right of access. …
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njcourts.gov
… the head or . . . face." Burden had known defendant since childhood and identified him in court. Robinson, a woman … a limited scope of review when considering sentencing determinations on appeal. See id. at 272. Ordinarily, our … provide its reasons for the sentence and "the factual basis supporting a finding of particular aggravating or mitigating …
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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." … "something less than the probable cause standard needed to support an arrest." State v. Thomas, 110 N.J. 673, 678 …