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njcourts.gov
… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
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njcourts.gov
… review of the parties' submissions, and the trial court's determinations thus far in connection with the award of this … took effect, the judge also found it was difficult to support the position that the City acted arbitrarily or …
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njcourts.gov
… Sports and Exposition Authority, 104 N.J. 80 (1986), to support his argument that defendant had an independent duty … immunity under N.J.S.A. 59:4-6 was inconsistent with his determination that defendant was not independently negligent. … immunity – although correct – conflicts with the judge's determination that defendant was not independently negligent. …
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njcourts.gov
… a new trial, but on grounds other than whether the evidence supported a finding that force was used. 3 Such an … instructed the jury about factors that could affect its determination as to whether the person depicted in the …
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njcourts.gov
… run in July 2003. The trial judge principally based his determination on plaintiff's deposition testimony, noting: … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … discern no basis to disturb the motion and trial judge's determinations to bar plaintiff's complaint on statute of …
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njcourts.gov
… general. The jury was then left free to make the ultimate determination of whether defendant possessed the heroin with … N.J.S.A. 2C:44-1(a)(9). There were facts in the record supporting each of those aggravating factors. The judge also …
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njcourts.gov
… Complaint has not specifically plead any facts to support a claim that her emotional distress is significant …
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njcourts.gov
… in accordance with Section 10 of the Agreement (titled “Determination of Value”). The specific language of Section 10 … purchase price. After discovery, however, and the determination by this court that the defendants are in fact … defendants' actions clearly do not rise to a level supported by an action for oppression under RULLCA. Under …
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njcourts.gov
… intelligibility." Wein, 80 N.J. at 497. "In making that determination, the court looks to whether the indictment is … as uncertainty, if he is correct, would tend to support an inference that a reasonable person would take …
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njcourts.gov
… it, so long as he clearly leaves to the jury the ultimate determination of the facts and the rendering of a just and … testimony so long as that testimony is "based on, and supported by testimony about, the officer's personal …
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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." … not in a position to contradict the implied legislative determination that operation of a vehicle lighted in this …
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njcourts.gov
… to the factual findings of the . . . court when they are supported by credible evidence in the record." State v. … at 380-81). However, "[t]o the extent that a trial court determination involved legal conclusions, we review those …
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njcourts.gov
… filed another motion to enforce litigants ' rights. In a supporting certification, plaintiff averred that as of … make the appropriate application to the court seeking a determination as to this issue. The parties appeared for oral … judge unless . . . convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… Cape May County Prosecutor's Office, provided the affidavit supporting the warrant application. Because a judge … 462 U.S. at 238). Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
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njcourts.gov
… found "post- crime consciousness of guilt evidence can support a logical connection to a desired inference about …
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njcourts.gov
… we "defer to the trial court's factual findings that are supported by sufficient credible evidence in the record and …
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njcourts.gov
… the PCR application sets forth facts that could potentially support a claim of self-defense or defense of others, …
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njcourts.gov
… (1995) (quoting R. 4:46-2(c)). Likewise, "[p]reemption determinations are reviewed de novo, as are the issues of … system and its precedential authority—does not provide support for its argument that its contractual agreement …
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njcourts.gov
… how the officers would have testified, offering no facts to support his claims. We conclude that the testimony defendant …
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njcourts.gov
… by the trial court will be disturbed only when they are not supported by sufficient credible evidence in the record. … Accordingly, we reverse "only when the trial court's determination is 'so clearly mistaken that the interests of … 218 N.J. at 425). We review the trial court's legal determinations de novo. Id. at 38 (citing Gamble, 218 N.J. at …