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njcourts.gov
… II. If "a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, … omitted). "That is, an expert's bare opinion that has no support in factual evidence or similar data is a mere net …
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njcourts.gov
… petition, and was assigned counsel who submitted a brief supported by defendant's four-page certification dated July … claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 N.J. at … implicitly requires "that counsel abide by a client's determination, after a plea of guilty has been entered, to …
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njcourts.gov
… has provided no competent or probative evidence to support its claim that its response could not be considered … Point III.B. Defendant's counsel put forward claims in support of the summary judgment motion that are not supported by the record but referenced by the court when …
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njcourts.gov
… or return to the scene. Finally, there was no evidence supporting defendant's claim that he hit a deer on Route 19. … we conclude that the State presented sufficient evidence to support the jury's verdict finding defendant guilty beyond a … and Fernandez-Minaya were "physically helpless." In support of his argument, defendant relies upon State v. …
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njcourts.gov
… of an accessory apartment over the existing garage. In support of 4 A-3906-15T1 the application, B&B provided the … at the designated site with the municipality's contrary determination about the permitted uses as expressed through … plan. 14 A-3906-15T1 The record supports the judge's determination that B&B satisfied the negative criteria by an …
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njcourts.gov
… The Church 4 A-5003-15T2 presented two witnesses in support of the application: Gary Lotano and David Shipman. … and unsupported by the record; and (4) the Board's determination that the proposed lease of the Church's property … at the designated site with the municipality's contrary determination about the permitted uses as expressed through …
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njcourts.gov
… the petitioner "must allege specific facts and evidence supporting his allegations." Id. at 355. In other words, "to … objectively deficient. Here, the record before us does not support a finding that counsel's representation fell below … would have rejected the plea, the record likewise does not support such a finding. To start, defendant fails to …
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njcourts.gov
… apply the statute as it read at the time of the Board's determination. 3 A-1048-20 all mitigating circumstances and … during the liability and penalty phases to make its own determinations." The record before us does not contain an … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., …
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njcourts.gov
… filed a third-party complaint against Sherwin Williams. To support her allegations of negligence, plaintiff retained an … issue of net opinion and the judge could not make that determination without a plenary hearing. Plaintiff further … the law.'" DepoLink Ct. Reporting & Litig. 9 A-2000-19 Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… THAT THE DRUG HOUSE WAS KNOWN AS "PEP'S HOUSE," THUS SUPPORTING THE PROSECUTOR'S THEORY THAT THE … blood was found in the house, forensic proof which could support a rational inference that they were killed there … that there were no drag marks by the bodies helped support an inference that multiple people must have been …
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njcourts.gov
… that the State had not produced the affidavit filed in support of the search warrant and supporting investigative reports (collectively, search … principles are: 1. . . . [B]ecause the [CJRA] calls for a determination of probable cause and an assessment of the risk …
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njcourts.gov
… on his first direct appeal. His pro se certification in support of his PCR petition is dated September 2, 2017. When … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Id. at 547 (quoting State v. …
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njcourts.gov
… and articulable suspicion of a violation of law, to support requesting defendant to submit to FST. Specifically, … driver's intoxication."). We are satisfied that these facts support a reasonable and articulable suspicion that … N.J. 83, 87(1972). The trial judge's conclusions are well supported by the testimony of Officers Braico and Rothrock …
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njcourts.gov
… reasoning. However, within the written statement of reasons supporting the August 29, 2017 order denying defendant's … court explained the factual findings and legal conclusions supporting the June 26, 2017 order. 5 A-2113-17T1 complaint … standing to prosecute the action; 2) failed to properly support its summary judgment motion with competent evidence; …
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njcourts.gov
… were married in April 1972 in South Korea. They have two children, a son born in 1973, and a daughter born in 1976. … was "void of any factual data or scientific basis to support her diagnosis." 3 C.L. had filed an in limine motion … assaults and abuses. 3. Compensatory Damages "Final determinations made by the trial court sitting in a non-jury …
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njcourts.gov
… relaxing the five-year limitation period. I. Because the determination of whether the five-year time bar of Rule … only if a defendant establishes a prima facie showing in support of the requested relief. Preciose, 129 N.J. at 462. … plea "shall not [be] accepted[ed]" without the court's determination that "there is a factual basis for the plea." R. …
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njcourts.gov
… in the motion for summary judgment that the facts did not support a claim for third-party legal malpractice and … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. The decision to admit …
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njcourts.gov
… R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … [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
… to demolish the motel's existing "laundry and maintenance support building" and to construct a new laundry building … reviewing a board's decision, we presume its "factual determinations . . . to be valid," and we will only reverse if … may be barred. It is for the Board to make that determination in the first instance. [Ten Stary Dom P'ship, …
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njcourts.gov
… land is the portion of the land that is unnecessary "to support the existing improvement and cannot be separated … of a particular use and that which is not necessary to support the existing improvements." Schimpf v. Little Egg … 46 (App. Div. 1990). But "we review the Tax Court's legal determinations de novo." Alcatel-Lucent USA Inc. 17 A-1738-20 …