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njcourts.gov
… board was justified in finding that special circumstances supported the variance and that not granting it would cause … thereby provide a more substantive basis for the typical determination that the variance will not substantially impair … variance is in accord with the municipality's legislative determination that the condition should be imposed on all …
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njcourts.gov
… In their Rule 4:4-6-2(a) statement of material facts supporting the motion, defendants asserted the record lacked any factual support for plaintiff's claim they violated the Dram Shop … a December 12, 2021 report from Robert J. Pandina, Ph.D. as support for his claim defendants are liable under the Dram …
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njcourts.gov
… hearing. Defendant's counsel submitted letters of support and asked the court to sentence defendant in … review, appellate courts are deferential to sentencing determinations and 'must not substitute [their] judgment for … sentencing rehabilitative efforts. The sentencing court's determination was not plain error because it was based on the …
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njcourts.gov
… his PCR counsel, defendant made the following arguments in support of his petition: POINT I THE SENTENCE IMPOSED BY THE … its finding of mitigating factor twelve in its prior determination of defendant's sentence. 9 A-0227-22 sentence, … ordinarily would inure to his [or her] benefit" in the determination of an appropriate sentence. State v. Dunbar, 108 …
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njcourts.gov
… [Defendant's] argument is based on speculation, not supported by fact. The judge further rejected defendant's … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … was ineffective rests on mere conclusory assertions—unsupported by any evidence. Defendant makes no showing that …
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njcourts.gov
… was abrogated by the change to Rule 4:21A-5(a) and, in support, relied on SWH Funding Corp. v. Walden Printing Co., … Pride "no longer good law," contrary to the court's determination. Further, it contends strictly construing the … that our Rules "shall be construed to secure a just determination, simplicity in procedure, fairness in …
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njcourts.gov
… the gun. The testimony at the evidentiary hearing does not support that finding. Instead, the officers' testimonies … findings and will uphold those findings when they are supported by sufficient, credible evidence in the record. … at large, or an extended group of individuals, such as children." State v. Melendez, 423 N.J. Super. 1, 24 (App …
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njcourts.gov
… PCR brief, defendant acknowledged trial counsel's brief in support of the motion for a new trial in which counsel … it 'concealed[,]'[] nor is there any proof in the record to support that the transcript of [Melissa's mother]'s … hearing, this court "review[s] its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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njcourts.gov
… reach a decision that this matter should go to a jury for determination and will grant the motion for summary judgment . … ruling and its grant of summary judgment were fully supported by governing law and the record. II. "We review a … Daubert, 509 U.S. at 597). "[A] trial court's evidentiary determination is reviewed for abuse of discretion." Schwartz …
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njcourts.gov
… effectively and that defendant has adduced no evidence to support his assertions of coercion or torture. II. We first … Ibid. (quoting Johnson, 42 N.J. at 161). With respect to determinations of law, our review is plenary. State v. Handy, … on the record the right to appeal from the adverse determination of any specified pretrial motion." R. 3:9-3(f); …
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njcourts.gov
… the ALJ determined, "Dr. Lakin's conclusions f[ou]nd support in the medical records of Torres'[s] treating … of the medical experts." Our review of an agency determination is limited. Allstars Auto Grp., Inc. v. N.J. … 191 N.J. 474, 483 (2007)). An administrative agency's determination "will be sustained unless there is a clear …
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njcourts.gov
… matters, we defer to a trial judge's factual findings "when supported by adequate, substantial, credible evidence." C.R. … trial judge's factual findings and adverse credibility determinations. Additionally, L.M. asserts that even if C.A.B. … supported with the trial judge's favorable credibility determinations of C.A.B., and adverse observations about L.M. …
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A-11-25 Appellant’s Supplemental Brief
Briefs
njcourts.gov
… and the opportunity and capacity to take corrective action supported the imposition of a duty of reasonable care on the … of New Jersey law and consistent judicial and nonjudicial determinations on the duty question. This contrasts sharply … and stability of such a rule compared to the case by case determinations of duty under current law. In Coleman, supra, …
njcourts.gov
… A.R. WAS KIDNAPPED. ii. THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT A KIDNAPPING CHARGE, SINCE A.R. WAS NOT UNLAWFULLY … Later, defense counsel questioned A.R. about whether the children were angry with her and whether the older son was … "[t]he jury was entitled to make highly fact-sensitive determinations in deciding whether [the victim] was confined …
njcourts.gov
… punishment was a highly relevant consideration in parole determinations, in addition to the likelihood of recidivism. … connection between the facts in the parole record and the determination that a 200-month FET, instead of a 27- or … FET was not arbitrary, capricious, or unreasonable and was supported by sufficient credible evidence in the record. We …
njcourts.gov
… PM Pg 1 of 29 Trans ID: CRM2024311386 2 opportunity to support its allegations. The State contends that the prior … an expert in “[f]ire investigation and origin and cause determinations,” T37-38, and qualified Dr. Babrauskas as an … sources of information that NFPA 921 identifies for such determinations, including witness information; electronic …
njcourts.gov
… of a defaced firearm. The affidavit of probable cause in support of the complaint generally tracks the language of … arrested, constitutional principles “require[] a judicial determination of probable cause as a prerequisite to extended … safeguards are not essential for the probable cause determination required by the Fourth Amendment. The sole issue …
njcourts.gov
… to satisfy the requirements of Rule 3:20-2 -- the motion in support of a new trial that would be the ultimate use to … the non-PCR context of his motion for discovery that might support a new trial. The Court finds defendant’s challenge … court’s resolution of a discovery matter, provided its determination is not so wide of the mark or is not ‘based on a …
njcourts.gov
… analysis of the aggravating and mitigating factors was supported by the record. 1. N.J.S.A. 2C:39-5(e)(1) states, … it would be rewriting its essential requirements. That determination is for the Legislature. The Court vacates … An appellate court reviews the trial court’s sentencing determination under a deferential standard of review and is …
njcourts.gov
… giving due deference to the municipal court’s credibility determinations, the Law Division found defendant guilty of … therefore found defendant guilty. The court’s credibility determinations, however, were made after the DDR and the DDQ … the sufficiency of the foundational documents offered in support of the Alcotest, but did not decide the …