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njcourts.gov
… [JOHN] AT PALISADES [CENTER], WHICH WERE RELEVANT TO AND SUPPORTIVE OF DEFENDANT'S SELF-DEFENSE CLAIM. POINT II: … brought the gun; the question is whether this evidence supports defendant's affirmative defense. Defendant … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; State v. Williams, …
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njcourts.gov
… consideration. You may not use this testimony in your determination of the defendant's guilt or innocence of these … and that the extended term was mandatory. The record supports the State's claim that defendant knew, prior to the … have been followed, if competent credible evidence supports each finding of fact upon which the judge based the …
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njcourts.gov
… appellate court should not modify the SVPA trial judge's determination either to commit or release an individual … 31, 58 (1996)). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the … convincing evidence that the record in this case clearly supports the opinions of the two experts who testified, one …
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njcourts.gov
… judge, sitting without a jury, are binding on appeal if supported by sufficient credible evidence in the record. … that there is sufficient credible evidence in the record to support the trial court's finding that Progressive validly … of the policy, the record supports the trial court's determination that Progressive complied with the requirements …
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njcourts.gov
… reconsideration was also denied. Defendant had argued in support of his applications that evidence of his psychiatric … grand jury to put the matter before a petit jury for its determination . . . ." The affirmative defense of insanity … State's obligation to sift through the record to make the determination as to when those instructions are appropriate. …
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njcourts.gov
… to give [] consent." However, he did not provide any support for his conclusion, and the court ruled Gooberman … Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … Handy, 206 N.J. 39, 45 (2011) ("appellate review of legal determinations is plenary"). Defendant contends the court …
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njcourts.gov
… on March 31, 2015, and directed Exquisite to seek a determination from the Borough Council. Exquisite filed an … for the 4 A-2569-15T1 Borough of Freehold (Council) for a determination on the proposed parking plan and change in use. … and there 5 A-2569-15T1 was sufficient evidence to support the decision that the off-site parking scheme did …
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njcourts.gov
… obligated defendant to reimburse plaintiff was not supported by law or logic. The court further found it was … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … it is unnecessary for us to address the court's other determination that plaintiff's contract claim lacked merit …
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njcourts.gov
… that there was "absolutely no evidence" in the record to support defendant's bald assertion. This appeal followed. On … The judge's findings should not be disturbed if they are supported by sufficient credible evidence in the record. … we discern no basis for disturbing the judge's reasoned determination denying defendant's motion to suppress the …
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njcourts.gov
… because the judge did not find extraordinary circumstances supporting a late filing of the claim. See generally Zois v. … County and there were no extraordinary circumstances to support a late filing or a finding of substantial … the notice requirements of N.J.S.A. 59:8-4." The motion was supported by plaintiff's and his attorney's certifications. …
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njcourts.gov
… should accept a trial court's findings of fact that are supported by substantial credible evidence. Deference to a … 222 N.J. 249, 263 (2015). C.R. argues the trial court determination was erroneous because there was insufficient … these reasons, we decline to disturb the trial judge's determination. The trial judge's decision to deny C.R.'s …
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njcourts.gov
… The court determined that Zagami’s defamation claim was supported by probable cause and, therefore, Cottrell had no … action. On appeal, the Appellate Division reversed both determinations of the trial court. The panel found that … of state action. The Appellate Division reversed both determinations on appeal. The panel found that Zagami’s …
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njcourts.gov
… IN FAVOR OF REJECTION FROM PTI AND FAILED TO CONSIDER FACTS SUPPORTING ADMISSION, A REMAND FOR RECONSIDERATION IS … evidence presented to the grand jury was insufficient to support the charge of third-degree invasion of privacy since … as to each element of the offense. The Grand Jury testimony supports the State's contention that defendant did not have …
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njcourts.gov
… N.J. 320, 330 (2010). While we review de novo an agency's determination that there are no genuine issues of material … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. … See N.J.A.C. 5:35-1.5. We found nothing in the record to support the Board's conclusion that Zisa's reliance on …
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njcourts.gov
… N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … petition and another panel of this court affirmed that determination. Id. at 14-18. 10 A-3660-19 (B) In the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… OF "NOT GUILTY" ENTERED AS THE FACTUAL RECORD DOES NOT SUPPORT THE LAW DIVISION JUDGE'S DETERMINATION THAT DEFENDANT OPERATED HIS BROTHER'S VEHICLE OR … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… because the allegations underlining the petition were not supported by any credible factual basis and were hearsay. In … Prosecutor, 171 N.J. 561, 571 (2002)). Attorney's fees determinations will be disturbed "only on the rarest of … rule, we discern no basis to disturb the motion judge's determination that the inclusion of such a request does not …
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njcourts.gov
… "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an … the facts or data need not be admissible in evidence. A determination on the admissibility of expert evidence is … in a civil case if "it derives from a reliable methodology supported by some expert consensus." Suanez v. Egeland, 353 …
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njcourts.gov
… . . . [H]e never used a gun on anyone . . . , myself or my children, never threatened me with one. However, they were … for political office and placed a campaign sign in support of his candidacy on the lawn in front of his house. … public health, safety, or welfare." The judge made his determination after "careful consideration of both the …
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njcourts.gov
… hearing. Judge Ravin concluded the trial evidence supported the carjacking conviction as the victim's leg … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … 2 We disagree as defendant's arguments are factually unsupported by the record and legally meritless. Here, …