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… justice." State v. Roach, 146 N.J. 208, 231 (1996). In support of his argument, however, defendant cites only to … take that data into account at sentencing. 12 A-3214-18 In support of his argument defendant relies on: (1) a February … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
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… POINT I OFFICERS LACKED SPECIFIC, ARTICULABLE FACTS SUPPORTING THEIR DECISION TO IMMEDIATELY FRISK [DEFENDANT] … for commitment. This appeal ensued. Our review of a determination of a motion to suppress evidence is limited, and … 222 N.J. at 266. 13 A-5130-17T4 We agree with the judge's determination that Ledet was not interrogating defendant. …
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… the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … nothing arbitrary, capricious, or unreasonable about that determination. The Board was not required to accept the … arbitrary, capricious, or unreasonable in the Board's determination that, on balance, granting the variances would …
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… [d]efendant had that the police mishandled the evidence" supporting the State's case. When a defendant "claims his … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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… POINT II THE TRIAL COURT ERRED IN ITS CREDIBILITY DETERMINATIONS AND ITS FACTUAL FINDINGS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT III THE TRIAL COURT … of the evidence is testimonial and implicates credibility determinations. Id. at 412. We do not disturb the judge's 11 …
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… PCR petition, he was assigned counsel who filed a brief in support of defendant's petition. After reviewing the papers, … bandana wrapped around his face shooting at the woman and children. Although he saw the person, he did not recognize … 466 U.S. at 687, 694. In our review of a PCR court's determination, we defer to the court's factual findings, …
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… interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 213 N.J. 463, 478 (2013). Accordingly, "a trial court's determination of the applicability of charitable immunity is … promote the mental and moral improvement of men, women, and children," when the plaintiff was injured at the defendant's …
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… Appellant contends there was insufficient evidence to support the award, requiring its reversal. We affirm. While … evidence of a functional restriction of the body. The determination cannot rest upon the employee's "subjective … argues that the judge of compensation erred in his determination of permanent disability because he relied on …
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… petition. Appointed counsel filed a supplemental brief in support of defendant's petition. Defendant raises the … we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … that had he done so, Nadeau would have exonerated him. In support of this claim, defendant presents Nadeau's affidavit …
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… violation of his right to a speedy trial. We disagree. A determination by a trial judge whether defendant was deprived … defendant failed to satisfy the other Barker factors in support of his speedy trial motion. There is no bright light … that the Barker factors weighed in favor of the State and supported denial of defendant's speedy trial motion. …
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… judge rejected plaintiff's arguments, finding they were unsupported by the voluminous record. In doing so, the judge … Inc., 372 N.J. Super. 503, 505 n.1, (App. Div. 2004). A determination concerning "evident partiality can be decided … 86 N.J. at 191. The record supports the motion judge's determination that plaintiff failed to sustain her burden of …
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… "apply the same standards used by the trial court in its determination of [a] defendant's motion for a judgment of … and video. 10 A-0325-18T4 The trial court's findings were supported by sufficient credible evidence in the record and … was seen passing it, strongly supported the trial court's determination as to B.J. See State v. Carroll, 256 N.J. Super. …
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… we affirm. 3 A-1577-19 I. The New Jersey Legislature supports eligible hospitals with subsidies and annually … the Department denied Inspira's appeal in a final agency determination. In its decision, the Department explained that … Inspira now appeals from the Department's final agency determination. II. In its appeal to us, Inspira makes three …
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… its interrogatory answer to plaintiff's request for facts supporting its affirmative defenses. That answer … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… trafficking ring in the Commonwealth of Pennsylvania." In support of that claim, she attached a news article from … 14, it entered an order granting defendant's motion, supported by a written opinion. The court determined "[t]he … and decompensation, is not unusual. With appropriate support and services society will benefit from channeling …
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… physicians who testified, only Dr. Pass's opinions were supported by clear and convincing evidence and by "objective … court from entertaining any of the substantive issues for determination." EnviroFinance Grp. v. Env't Barrier Co., 440 … Rule 4:86 and legal precedent. Because the record fails to support Kreizman's uncorroborated assertions regarding …
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… interpretation of how the raw data it previously provided supported its decision to omit the last ten questions in … reasoning "the raw data supplied by the Commission to support its decision was indiscernible, lacking 4 A-1777-23 … rather than with all candidates." Ibid. We conclude Rox supports petitioners' appeal. The Commission's decision to …
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… The allegations made in [plaintiff]'s [c]omplaint support and constitute the valid cause of action asserted. … alleged by [plaintiff] are palpably sufficient to support a claim which relief can be granted. The [c]omplaint … N.J. 492, 502 (2008). Accordingly, "[t]he trial court's determination . . . warrants substantial deference and should …
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… the weight of the evidence. We noted strong evidence supported the jury's verdict, rejecting defendant's claims … Brown II, slip op. at 2. We concluded "[t]he record amply support[ed] the PCR judge's findings and conclusions." Id. … was unconstitutional; the search warrant was not supported by probable cause; the court failed to mandate …
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… finding that it breached the loan commitment was not supported by the evidence presented at trial and "should be … credible evidence in the record to support the judge's determination that defendant breached the loan agreement. … the loan was credible, and we defer to that credibility determination. Thus, we affirm Judge Gibson's May 1, 2014 …