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… the following facts from evidence the parties submitted in support of and opposition to the summary judgment motion. … to prosecute precluded him from making a probable cause determination. Nonetheless, after reviewing the detective's … to rely on the municipal court judge's probable cause determination. According to the judge, based on DeLorenzo's …
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… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the 14 A-0808-18T2 … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. …
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… judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … marks omitted). Thus, we will reverse the trial court's determination of whether to allow a defendant to withdraw a … review of the plea hearing transcript supported his "determination that there was an adequate factual basis for the …
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… independent judgment before approving it, and the affidavit supporting the search warrant contained statements that were … Turning to the issue of whether the search warrant was supported by probable cause, the motion judge found the … is required to pay substantial deference to the judge's determination" of probable cause. State v. Dispoto, 383 N.J. …
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… recite the facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … indicate that no work was done on such. Withstanding any determination of whether the warranties were full and … Measured by this standard, we agree with the judge's determination that there were no disputed issues of material …
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… was not arbitrary, capricious, or unreasonable , and was supported by substantial credible evidence in the record. He … erred . . . ." He also declined to disturb the Panel's determination that the Port Authority "did not act in good … We accord a deferential standard of review to an agency's determination unless the decision was arbitrary, capricious, …
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… defendant filed a motion "to permit discovery." In his supporting certification, defendant explained that "[f]or … prejudice "for failure to provide discovery." In his supporting certification, plaintiff's counsel averred that … with prejudice "for failure to provide discovery." In support, defendant certified that while his motion to permit …
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… (1997). Accordingly, we review the trial court's legal determination that defendants did not owe a duty of care to … a duty of care to another. Id. at 209. Therefore, "the determination of whether a duty exists does not depend on the … other evidence that was 14 A-0121-18T3 sufficient to support the imposition of a duty of care upon defendants …
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… transferred to the Office of Administrative Law (OAL) for determination as a contested case and assigned to an … a member's physical or mental condition may influence a determination whether the member is incapacitated for the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …
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… expedited procedure predicated on a procedurally-flawed determination that the property at issue had been abandoned … 55:19-78 to -107. The notice stated, "[u]pon the determination that the property is abandoned, the township … had not received rehabilitation in the past six months. In support of GEM's motion, GEM shareholder Sayles certified …
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… did not alert the jury that evidence in the record supported all four elements of the affirmative defense. … available to defendant unless there is evidence in the case supporting all of the four requirements and not merely one, … motion for acquittal. We see no reason to disturb that determination. Affirmed. … STATE OF NEW JERSEY VS. RICHARD …
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… appellant argues the trial court's order was not supported by admissible credible evidence and was arbitrary, … his knowledge of local conditions and his discretion supported by the facts. Not only did the chief here have … . . . ." Based on its factual findings and credibility determinations, the court found Calabrese had shown by a …
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… the $3400 in cash and two cell phones found on defendant supported a finding of probable cause. He held the State … should only reverse when 10 A-1201-20 the trial court's determination is "so clearly mistaken 'that the interests of … of that information is an essential part of the determination of probable cause." Ibid. (internal quotation …
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… judgment motion filed by defendant, plaintiffs did not support 1 Plaintiffs are married. We refer to them … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). Like the motion judge, we view "the competent …
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… judgment. Plaintiffs filed a motion for reconsideration. In support of the motion, plaintiffs submitted a certification … applying the discovery rule, courts generally make their determination of the accrual date "by way of a pretrial … dispute as to material facts "controlling the discovery determination, a Lopez hearing is not required." …
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… WAIVER IS ERRONEOUS AND UNJUST IN THIS INSTANCE. The ACLU supports J.D.'s position and argues that because the current … waiver statute governs. They contend that that ruling is supported by the Supreme Court's decision in J.V., other … consideration of the possibility of rehabilitation is supported by the legislative history. In a statement …
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… water that could have exited the drain, or offer scientific support from a qualified meteorologist. The court found the … allegations [we]re speculative" and lacked evidentiary support. Accordingly, the court found there was no genuine … arguing the court made an improper factual determination that an active storm was underway at the time of …
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… PTI. About two weeks later, defendant was enrolled in the Support Team for Additional Recovery (STAR) program.1 … that there was no published case law to guide its determination otherwise. The trial court found further: … and, therefore, prosecutors have wide latitude in PTI determinations. See Wallace, 146 N.J. at 582; State v. Nwobu, …
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… in its rejection letter, all factors were included in its determination to reject . . . [d]efendant from PTI." The court … improperly failed to weigh multiple relevant factors that supported admission into PTI. 10 A-1775-23 1. Hudson County … improperly failed to weigh multiple relevant factors that supported admission into PTI, including [defendant]'s post- …
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… PCR counsel filed a supplemental brief and certification in support of defendant's petition. Defendant certifies he had … to establish excusable neglect and failed to provide any support for his assertion that his speedy trial rights were … points on appeal: POINT ONE THE PCR JUDGE ERRED IN ITS DETERMINATION THAT [DEFENDANT'S] LACK OF LEGAL ACCESS AND …