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njcourts.gov
… both parties cite the majority opinion in McNeil-Thomas to support their counterarguments on appeal. In McNeil-Thomas, … See State v. Greene, 242 N.J. 530, 548 (2020). A-4156-19 17 support in prior decisions. See State v. Boston, 469 N.J. …
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njcourts.gov
… McCann Trainor argued the cause for appellants (Fox Rothschild, LLP, attorneys; Michael J. Malinsky, Christopher C. … disagree. Our review of an administrative agency's final determination is limited. In re Adoption of Amends. to N.E., … is arbitrary, capricious[,] or unreasonable, or is not supported by substantial credible evidence in the record as …
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njcourts.gov
… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991), … of the crime is another question of fact for your determination. Mere departure from a place where a crime has … have the same elements; and whether the same evidence would support a conviction on both offenses), certif. granted, 225 …
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njcourts.gov
… under the law governing parole and the factual basis supporting its findings of particular aggravating or … the public, the excessiveness of defendant's conduct amply supported a finding of aggravating factor one. Aggravating …
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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
… 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
… be made available for public inspection. The core principle supporting open court records is transparency – allowing the … this backdrop that the court decides plaintiffs' motion. In support of their request to seal portions of the record, … in making the mathematical calculations and analytical determinations necessary to conclude a true market value of …
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njcourts.gov
… supermarkets strongly opposed the measure. The bill had the support of environmental groups. A bottle bill was … interpretation is not countervailing, but rather supportive of the legislation. To deem manufacturers as …
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njcourts.gov
… Weaver’s Arguments Defendants Tassev, Levine, and Weaver support the arguments made by Ocean Coast and similarly … retain the cause for all purposes, and proceed to a final determination of the entire controversy and, except where the … of leaving only purely legal issues remaining for determination. . . .”). An equitable cause of action “draws …
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njcourts.gov
… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
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njcourts.gov
… its argument that the holding in Hargrove controlled the determination of whether Access Bio was plaintiffs' joint … 142 N.J. 520, 529- 30 (1995)). Self-serving assertions, unsupported by evidence, "[are] insufficient to create a … Enterprise, 683 F.3d at 467. The court held that a "determination of joint employment 'must be based on a …
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njcourts.gov
… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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njcourts.gov
… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …
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njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … or other similar devices." N.J.S.A. 59:4-5. "[T]he determination as to the advisability or necessity of a … signage was not palpably unreasonable, and its decision was supported by the limited accident history of the site. The …
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njcourts.gov
… nurses, and the patient advocate, and sent letters in support of his requests to various NSP personnel. A "sick … R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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njcourts.gov
… judge in October 2013 – some thirty-three months before – supporting the former prosecutor's representation. Because … That argument requires little discussion. Sentencing determinations are reviewed on appeal with a highly … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). …
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njcourts.gov
… plaintiff's complaint, knowing there was no evidence to support the claims, and she made several false statements to … or appreciate evidence." However, the memorandum in support of defendant's motion for reconsideration merely … as to an award of costs for an abuse of discretion. Children's Inst. v. Verona Twp. Bd. of Adjustment, 290 N.J. …
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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
… Inc., Arcuri Agency, and Peter M. Arcuri, Jr. (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … the available insurance coverage. Nor does Werrmann support plaintiff's attempt to establish those foundational … proceed against the brokers. She provides no authority that supports or lends any credence to this misguided premise. …
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njcourts.gov
… Flagrant Violation Of The Recordation Requirements, Did Not Support The Trial [c]ourt's Ruling That The Photo … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … 434, 451 (1972)). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …