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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
… State of the chance to establish a full factual record in support of the warrantless seizure of the handgun, and … and mitigating factors as to each defendant – which were supported by competent, credible evidence in the record – …
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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
… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … counsel said "there was a deal on the table." Evidence determinations rest "in the sound discretion of the trial … during the hearing, and does not provide argument or supporting case law on appeal. The PCR court's decision for …
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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
… 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
… in Rule 4:25-7. That commentary provides persuasive support for the conclusion that Rule 4:25-7 does not apply … the litigants.” Ibid. That commentary provides persuasive support for the conclusion that Rule 4:25-7 does not apply …
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njcourts.gov
… 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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njcourts.gov
… Fid. & Guar. Co., 256 N.J. Super. 382 (App. Div. 1992), in support of its position. There, plaintiff Greentree was the … n. 5. Universal's insurance carrier, Hartford, appealed a determination that its CGL policy provided coverage, arguing … SIR/deductible is considered to be "no insurance." We find support for NJT's position in Scott v. Salerno, 297 N.J. …
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njcourts.gov
… to make any of the payments due. Segal responded, in support of his motion to stay the contract action and 3 The … corporation's former counsel for his "final and binding determination" was not an arbitration agreement). The Westgate … Agreement and supersede its arbitration clause. Since the determination of a novation is subject to the parties' …
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njcourts.gov
… 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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njcourts.gov
… the court's findings of fact "so long as those findings are supported by sufficient credible evidence in the record." … There is sufficient credible evidence in the record to support the judge's determination that the plain view exception applied and the …
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njcourts.gov
… defer to the court's factual and credibility findings when supported by sufficient evidence in the record. Locurto, 157 … and the State does not dispute the propriety of that determination on appeal. Instead, the parties' dispute centers … at 3-4. Finding sufficient support for the trial court's determination that defendant was subjected to unwarned …
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njcourts.gov
… the post-trial proceedings, so long as they have credible support in the record. Rova Farms Resort, Inc. v. Inv'rs … where those findings depend on the court's credibility determinations made after observing the witnesses testify. … mismanagement" on the part of Thor and Lorraine have ample support in the record. The post-trial accounting that …
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njcourts.gov
… 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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njcourts.gov
… from his girlfriend,3 with whom defendant has several children. 2 Miranda v. Arizona, 384 U.S. 436 (1966). 3 The … the judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … copies of their appellate submissions. Following the determination on remand, an aggrieved party may pursue further …
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njcourts.gov
… history in this case is necessary to give context to our determination of defendant's appeal. The trial that led to the … (2014). In a later opinion, the Court disagreed with our determination as to the denial of suppression, but concurred … as the direct evidence and "the favorable inferences support the conclusion" that defendant, who was indisputably …
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njcourts.gov
… 10 A-4600-17T2 arguments are made in favor or in support of the allegations, therefore summary judgment … that the Fund offered "[o]nly unsubstantiated arguments" in support of its allegations, did not address that conflict. …
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njcourts.gov
… 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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njcourts.gov
… have full power to hear the dispute and make a final determination, which shall be binding on both parties. The … those hours subject only to the appropriate supervisor's determination that such access does not interfere with the … 16 A-0328-15T4 so long as the contract, as a whole, supports the arbitrator's interpretation, the award will be …