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… 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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… violated, where competent and credible evidence does not support the statutory aggravating and mitigating factors, or … finding aggravating or mitigating factors. The record supported his conclusions. The judge's thoughtful 22 …
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… 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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… THE CHARACTER OF DEFENDANTS HANNA AND NAGUIB WERE FACTUAL DETERMINATIONS OF THE TRIAL COURT AND SENTENCING COURT. THE … aggravating and mitigating factors, and such factors are supported by sufficient credible evidence in the record. See … found that aggravating factor inapplicable. Despite that determination, and the judge's finding that application of …
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… inference that the jury has affirmatively reached a determination on one or more factual or legal issues the trial … defendant does not proffer any exculpatory evidence to support his latter argument, but argues the evidence presented to the grand jury was insufficient to support its return. At oral argument, defense counsel told …
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… and internal quotation marks omitted). The trial judge's determination will not be disturbed "unless a clear abuse of … 352 N.J. Super. 385, 403 (App. Div. 2002) ("Evidential support for an expert opinion is not limited to treatises or any type of documentary support, but may include what the witness has learned from …
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… Lowes moved for reconsideration of the trial court's determination to permit the breach of contract claim to go to … affected by an action taken under the MLUL. The DOT's determination to revoke access to plaintiff's original 4 We … "[b]are conclusions in the pleadings, without factual support in tendered affidavits, will not defeat a 19 …
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… AS THE TRIAL COURT FAILED TO FIND A MITIGATING FACTOR SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD. In a pro se … would be helpful to the jury by shedding light on the determination of a disputed factual issue." Id. at 464. "If … comment would be based on an inference or deduction supported by other facts in evidence; (5) the clarity and …
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… then on appeal, the county board of taxation’s value determination, embodied in its final judgment,”. NOT FOR … in this regard; (3) treated plaintiff’s legal pleadings in support of his motion for Freeze Act relief as part of a … review is taken to the Tax Court to review the action or determination of the county board involving real property the …
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… to the PCR judge's factual findings, as long as they are "supported by sufficient credible evidence in the record." … in certain circumstances. In making that A-0315-15T4 13 determination, a judge should consider, among other relevant … 171 N.J. 443 (2002)). A review of additional judicial determinations provides guidance governing recusal when a …
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… Jersey State Police (NJSP) (collectively defendants). In support of their motions, defendants belatedly raised the … the jury would then be required to find whether that determination was palpably unreasonable. "Whether the conduct … under all of the circumstances is a question for jury determination." Paternoster v. N.J. Dep't of Transp., 190 N.J. …
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… 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 …
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… 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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… motion to dismiss. In a written statement of reasons supporting the order, the judge applied the indulgent … whether a party waived its arbitration right is a legal determination subject to de novo review." Cole, 215 N.J. at … "Nonetheless, the factual findings underlying the waiver determination are entitled to deference and are subject to …
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… at 497 (citing DCR Guidance materials regarding emotional support animals). If either side fails to meet its burden, … at 497 (citing DCR Guidance materials regarding emotional support animals). If either side fails to CHARGE 2.26 – Page …
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… Super. 6 (App. Div. 1982). In this case, plaintiff(s), in support of plaintiff(s)’ claim of negligence, asserts that … Super. 6 (App. Div. 1982). In this case, plaintiff(s), in support of plaintiff(s)’ claim of negligence, asserts that …
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… 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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… 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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… v. Johnson, 42 N.J. 146, 161 (1964)). Our review of legal determinations is plenary. See State v. Handy, 206 N.J. 39, 45 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … However, the Court provided in Chun that "there is ample support for the finding that the Alcotest is well-shielded …
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… discretion of the trial court, and its 11 A-4169-15T4 determination will not be reversed on appeal unless there has … review, and submit to the court trial transcripts in support of defendant's motion for a new trial. Defendant … new trial, the trial court could only properly make this determination upon review of the record. Therefore, defendant …