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… factual findings" and uphold them so long as they are supported by "sufficient credible evidence in the record." … stop. Defendants argue that the video evidence does not support Gural's assertion Skinner made an illegal left turn … evidence to 19 A-0520-23 support the motion judge's determination that Gural had a reasonable articulable …
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… was decided based on the "four corners" of the affidavit in support of the search warrant. 4 A-3805-21 August 2, 2019, … courts should reverse only when the trial court's determination is "so clearly mistaken 'that the interests of … v. Gates, 462 U.S. 213, 238 (1983)). The probable cause determination must be made based on the information within the …
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… COURT FAILED TO FIND MITIGATING FACTOR TWO DESPITE IT BEING SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD. In his … kidnapping. Further, there was no evidence in the record to support the "safe place" element of N.J.S.A. 2C:13-l(c). The … say is that after your deliberations, after you make your determinations as to the evidence and the facts in this case …
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… to bring this action seeking a return of the sufficiently supported will be deemed admitted for purposes of the motion … 209 N.J. 449, 467 (2012) (finding that the trial court's determination under Rule 4:50-1 "warrants substantial … of N.J.S.A. 14A:2-2.1, to constitute a jurisdictional determination despite defense counsel's failure to raise lack …
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… by the statute of limitations, finding the argument unsupported by the record. Additionally, in declining to … a fraud claim against the VP and McElroy defendants. In support, the judge considered the elements of common law … Similarly, we "review[] de novo the trial court's determination of [a] motion to dismiss under Rule 4:6-2(e)," …
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… the auditor,2 and testimony of the auditor’s supervisor in support thereof based on her knowledge of audits in general. … issued a Notice of Assessment Related to Final Audit Determination in the total amount of $334,440.99. The … and records which is a legal issue left to the court’s determination. The court found that the expert met the …
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… of its zoning ordinance." Further, Erdman alleged in a supporting certification that the Sadejs had "substantially … not consider issues of witness credibility in making the determination. See Rena, 310 N.J. Super. at 311. We utilize … be measured. The court noted that case law indicated a determination can be made by looking at the difference in the …
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… and deliberate evasion of law enforcement, which were not supported by the evidence. Because this issue was not raised … robbery-homicide. We do not find fault with the court's determination. Aggravating factor five is "a substantial … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
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… Barry J. Muller argued the cause for respondent (Fox Rothschild, LLP, attorneys; Barry J. Muller, on the brief). PER … WAS AN ABUSE OF DISCRETION. POINT II[:] THE TRIAL COURT'S DETERMINATION THAT THE ENTRY OF SUMMARY JUDGMENT IN FAVOR OF … 417 N.J. SUPER. 269 (APP. DIV. 2010)[,] WAS NOT SUPPORTED BY THE FINDINGS OF FACT AND CONCLUSIONS OF LAW …
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… known as a Rice notice. 10 A-4521-16T3 laws, other evidence supported plaintiff's contention that Thornton knew of her … – thus showing it was not a factor in [d]efendant's determination decision – the chronology also shows that the … relationship with his stepson and wife may impact that determination. Direct evidence is not required to support a …
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… 269 (2003). "[I]f, accepting as true all the evidence which supports the position of the party defending against the … plaintiff was required to present expert testimony to support that Factor V Leiden combined with those factors to … be relied on by the jury."). Dr. Sacher's testimony also supported the jury's findings, as he testified that low-dose …
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… other portions of the prosecutor's summation to further support his argument that the prosecutor bolstered Nancy's … the shooting. At issue are the following remarks: 6 To support his argument on appeal that "there is no one perfect … factor three and gives it substantial weight. Sentencing determinations are reviewed on appeal with a highly …
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… explained that she had "confidence in [her] land value determination because it is supported by the current land value contained within the … revaluation formulated by Appraisal Systems using 2 This determination is not the subject of this appeal. 3 The section …
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… v. Delaware, 438 U.S. 154 (1978)] Because the Affidavit in Support of the Search Warrant Contained Material … the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 458. On the … of his [or her] identity is essential to assure a fair determination of the issues." State v. Hernandez, 225 N.J. …
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… The court should "accept as true all the evidence which supports the position of the party defending against the … of justice under the law." R. 4:49-1(a). The factfinder's determination is "entitled to very considerable respect [and] … reasoned and factually supported (and articulated) determination[.]" Baxter v. Fairmont Food Co., 74 N.J. 588, …
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… manner." He noted, however, that he cannot make that determination unless he was able to inspect the property and … (3) that the protected activity caused the retaliation." In support of her decision, the judge concluded that Mammone's … letter was sent but denied as to remainder as judicial determination renders all of Mr. Mammone's conclusions …
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… review violated their due process rights; and 3) failure to support its decision with competent evidence in the record … comments regarding the Commission staff's consistency determination . . . . 4. The former Appellants (Sierra Club … a recommendation as to whether its prior consistency determination should be affirmed. Such recommendation report …
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… pretrial discovery orders;1 evidentiary and in limine determinations rendered by the trial judge on September 3, … to tender the required $100,000 capital contribution. He supported this contention by explaining neither Boutte nor … jury's] purview to have listened to the evidence, made determinations on what they feel there was agreement on, to …
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… methodology under the Daubert/Olenowski3 factors to support the expert opinion; and (4) the violation of the … our appellate courts shall review that reliability determination de novo. However, other case-specific determinations about the expert evidence—such as whether the …
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njcourts.gov
… The court should "accept as true all the evidence which supports the position of the party defending against the … of justice under the law." R. 4:49-1(a). The factfinder's determination is "entitled to very considerable respect [and] … reasoned and factually supported (and articulated) determination[.]" Baxter v. Fairmont Food Co., 74 N.J. 588, …