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njcourts.gov
… 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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njcourts.gov
… ASSISTANCE OF TRIAL COUNSEL AND APPELLATE COUNSEL IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD, … whether there is substantial evidence in the record to support the findings of fact upon which the sentencing court … challenging the sentence was lacking. We conclude with a determination the PCR court did not err in declining to …
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njcourts.gov
… in this case, the convictions must be reversed." To support this argument, defendant relies upon State v. … criminal restraint and the jury's verdict on that count was supported by adequate evidence on the record. Defendant's … for imposing a sentence, including the factual basis supporting its finding of aggravating and mitigating factors …
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njcourts.gov
… to consider a report entitled "Report Concerning the Determination of Bright and Varick Study Area as an 'Area in … During the meeting, no members of the public spoke in support of or objection to the Plan. By resolution dated … and the hearing are to assist the Board in its determination of whether the area is appropriate for …
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njcourts.gov
… was present prior to the incident, immediately thereafter (supporting civil commitment), and currently." Dr. Weiss … presentation of his defense" as factor in competency determination). . . . The question of a defendant's ability to … charges. [Ibid.] Our review of a trial court's competency determination must be "typically, and properly, highly …
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njcourts.gov
… those arguments that the evidence does not reasonably support." State v. Reddish, 181 N.J. 553, 629 (2004). Thus, … As the judge found, the evidence did not reasonably support an inference that Vit and the other officers decided … the hotel or that defendant had attended it. There was no support in the evidence to suggest 11 A-3703-15T2 that the …
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njcourts.gov
… (2007)). We uphold those factual findings because they are supported by sufficient credible evidence in the record. … argument in his reply brief, the judge's factual findings support application of the inevitable discovery doctrine. … a sentence within the available range of sentences. That determination will be reviewed for reasonableness. The court …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… set forth . . . are improper, groundless and not supported by any existing law . . . ." Defendant moved for … summary judgment decision. We disagree with the judge's determination that the Act preempted plaintiff's state law … Super. 502, 508-09, (App. Div. 2008)). As a threshold determination, "[a] lack of standing . . . precludes a court …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… for the Villarauts then presented expert testimony in support of the application from professional engineer Thomas … decision regarding the validity of a local board's determination, "we are bound by the same standards as was the … such original jurisdiction as is necessary to complete determination of any matter on review." We may exercise such …
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njcourts.gov
… (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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njcourts.gov
… relied on 11 A-2121-16T1 defendant's statements to support his theory of the case – that defendant was not … court," and defers to the trial court's sentencing determination unless: "(1) the sentencing guidelines were … nonexistent mitigating factors and, consistent with that determination, sentenced defendant at the upper end of the …
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njcourts.gov
… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … When reviewing a board's decision, we presume its factual determinations to be valid, and we will only reverse if the … of the record regarding surrounding lot sizes and an unsupported finding that the current use is non-conforming; …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, … requires that an expert 'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. … in the record[,]" or an 14 A-5623-14T3 "opinion that is unsupported by the factual record or . . . contradicts that …
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njcourts.gov
… the dismissal of the complaint was based on the court's determination that the Board had exclusive jurisdiction over … to address alleged violations of N.J.S.A. 45:5B-3(h) which support each of plaintiff's causes of action. Plaintiff … to reverse the court's order based on its apparent determination that the Board has 12 A-4175-15T4 exclusive …
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njcourts.gov
… Noel and defendant Arlene Matos Cueto2 are siblings and the children of Francisco and Ramona, both of whom are elderly. … New Jersey. Francisco and Ramona realized they needed their children as a support system and decided to return to New Jersey. In …