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njcourts.gov
… that even if the Statute of Frauds did apply, it would not support dismissal here as defendants merely create a factual … evidence, that an enforceable agreement exists. The determination as to whether the Statute of Frauds is … defendants would be asking the Court to make factual determinations at the motion to dismiss stage. Discovery is …
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njcourts.gov
… and "warned later," invalidating his Miranda waiver. He supports this argument by highlighting that the same … he was 22 A-4408-18 confronted with an implied threat his children would be removed from his care and he was not … N.J. 22, 47 (2019). This deference extends to a court's determinations based not only on live testimony but also when …
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njcourts.gov
… of the detective." Defense counsel asserted no evidence supported the State's position that T.J. decided on her own … Super. 57, 67 (App. Div. 1979)). Here, the record does not support the State's contention that defendant invited any … theory that T.J. was intimidated by defendant and supported the defense position that her identification was …
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njcourts.gov
… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (1964)).] We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … blurt out" and was therefore admissible. This determination was reasonable, as illustrated in State v. …
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njcourts.gov
… purposes of coverage. Citing the district court's opinion supporting summary judgment in the underlying action, Group … standard: [I]f, accepting as true all the evidence which supports the position of the party defending against the … faxes promoting the TFM Show to the names on the list. This supported my belief that I had permission to fax the …
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njcourts.gov
… portion of the judgment regarding the trial court's legal determination on the appropriate measure of damages for … and remand the assessment of trespass damages for a jury determination. Further, we affirm the trial court's denial of … standard: 'if, accepting as true all the evidence which supports the position of the party defending against the …
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njcourts.gov
… CASE WAS AN ABUSE OF DISCRETION WHERE IT DID NOT BASE ITS DETERMINATION ON THE RULE OF LAW. POINT II THE TRIAL COURT'S … is a 'manifest lack of inherently credible evidence to support the finding,' when there has been an 'obvious 21 … that the jury has made actual fact-findings or reached determinations of guilt or innocence,' there is a concern that …
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njcourts.gov
… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
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njcourts.gov
… Brewer and Gannon were decedent Leokadia Jenson's only children. Decedent suffered from physical infirmities, … charity." The judge concluded Brewer's theory and the supporting facts "remain tenuous and require great logical … untimely. Our standard of review is deferential. "[F]ee determinations by trial courts will be disturbed only on the …
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njcourts.gov
… parties appeared for argument on the severance motion. In support of his application, defense counsel claimed that … stop, absolutely." Therefore, we agree with the judge's determination that the other-crimes evidence was relevant to … knew he had herpes. Thus, we agree with the judge's determination that the second Cofield prong was satisfied. 27 …
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njcourts.gov
… 96 N.J. 640, 646–47 (1984). The Court held that this determination "is one that is peculiarly within the competence … inference that the issuance of a warrant by a judge supports the rendering of a verdict"). Importantly, the … must be reversed. Because probable cause is a legal determination, we review the record de novo. S.S., 229 N.J. at …
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njcourts.gov
… We begin with defendant's assertion that N.J.R.E. 803(a)(3) supported playing additional portions of Brennan's recorded … 389, 407 (2017)). The plain error standard requires a determination: "(1) whether there was error; and (2) whether … under Anthony. C. We concur with the judge's determination regarding defendant's request to play selected …
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njcourts.gov
… area surrounding the intersection also included an early childhood development center and Camden High School. … he was familiar with the area. He stated he knew two children were riding on their bikes because when Sarson was … the person shown. But additional evidence in the record supports the judge's decision that defendant's confession …
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njcourts.gov
… TRIAL. POINT VI THERE WAS INSUFFICIENT RELIABLE EVIDENCE TO SUPPORT THE DEFENDANT'S CONVICTIONS BEYOND A REASONABLE … 18 A-5915-17 At that point, we reversed our previous determination and concluded that in order to meet the … The court did not otherwise make any independent determination as to what was stated on the record and, …
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njcourts.gov
… ranged from $4,420,000 (2013) to $4,660,100 (2017). To support its contention that Hazlet over-valued the property, … in any manner, in any jurisdiction, concerning the determination of assessments." Id. at 123-24 (citation … for VNO. In any event, the DAG cautioned that "no formal determination" could be made in the abstract. Id. at 3. Nor …
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njcourts.gov
… of liability and sought reformation of the Guaranty. In support of its cross-motion, plaintiff submitted a … "An appellate court reviews de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … in the record, and we see no reason to disturb his determination. VIII. Next, defendants contend that Judge Booth …
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njcourts.gov
… waived them. We discern no "clear mistake" in that determination. See S.S., 229 N.J. at 381. II Defendant claims … "the tiny amount of marijuana recovered" would have only supported a disorderly person's charge. While the prosecutor … crimes evidence instruction was "essential to a fair determination," necessitated reversal of that defendant's …
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njcourts.gov
… of $75,000. Pre-trial, the judge reserved for the jury's determination whether plaintiffs had proven a pattern of fraud … VERDICT BECAUSE THE RECORD CONTAINED SUFFICIENT EVIDENCE TO SUPPORT THE VERDICT. A. The Court nullified a sustainable … THE EVIDENCE AND THE COURT'S PREFERENCES FOR THE JURY'S DETERMINATION; THERE WAS NO GROUND TO DISTURB THE JURY VERDICT …
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njcourts.gov
… was survived by his wife, Nancy L. Holm, and two young children. 5 A-1529-19 On January 6, 2017, plaintiff filed a … genuine issues of material fact required credibility determinations by a jury, as did whether Purdy's actions rose … truck." He was later pronounced dead at the hospital. In support of his motion, Purdy argued that he only owed a …
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njcourts.gov
… reviewing all of the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the … such a reference was unrelated to the Foxworth matter. In support of this contention, Respondent argued that Mr. …