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… But the dissent’s far-reaching connotation finds no support in the text of the Constitution. The Judicial … and the need for flexibility in the court system also supports the Court’s analysis. (pp. 25-40) 6. Having … for his temporary assignment -- was unconstitutional. For support, defense counsel relied on arguments presented in a …
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… court’s finding that the protective sweep was reasonable is supported by sufficient credible evidence in the record. … 2006. The record does not contain irrefutable evidence to support that assumption. However implausible Santiago’s … his knowledge, someone put the rifle on his porch. In support of that defense, defendant called as a witness his …
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… denied plaintiffs' motions. It found the statements in support of the motion were based on inadmissible hearsay and … undue influence and conflicts of interest, were not supported by sufficient evidence. The trial court denied … the BHPB's Resolution 2019-12 contained sufficient support for and the reasoning behind its findings of fact, …
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… rendered a warrantless search under Witt improper lacked support. The court next addressed John's Law and police's … in original). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 … of the circumstances standard applies to probable cause determinations because probable cause is a "fluid …
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… his inspection, the contractor temporarily erected two 4x4 support posts connecting the upper and lower decks and … house until both decks could be replaced. Those temporary support posts were still present when Bastian and Furey's … Bastian and Furey's property, O'Donnell noted the temporary supports erected on the neighbors' deck in 2013, the rust …
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… person, and attendant disputes among her adult children—her NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … no application before the [p]robate court" seeking a determination of incapacity, and he could not deem Ruth … was warranted "from a medical standpoint and otherwise." In support, the judge relied on "the two doctors' reports whose …
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… Bard, Inc., was denied a fair trial by the trial court’s determination that defendant could not present 510(k) … trials. First, we consider whether the trial court’s determination that defendant C.R. Bard, Inc.,2 could not … Barbee, implanted Bard’s Align Transobturator Urethral Support System (“Align TO”) to treat her SUI, and the …
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… the net opinion rule requires the exclusion of such unsupported views. In circumstances similar to this case, the … experience.” And the State offered no outside evidence to support the range. That “rule of thumb” testimony … to all matters that are before you, it’s ultimately your determination of the evidence in the case. With regard to …
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… argues the proofs against him were legally insufficient to support a guilty verdict for either charge; consequently, … a verdict of guilty, when the evidence does not rationally support a conviction." Ibid. "The power to enter a judgment … ict between the defendants made difficult the jury's determination of the facts in the case, . . . the jury did not …
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… had issued a net opinion, with insufficient facts to support his conclusions. After hearing argument, the motion … found Dr. Guzzardi's toxicology opinion "to be sufficiently supported by scientific specialized knowledge as required by … "background and knowledge . . . to be insufficient to support his opinion in any aspect of drug use, abuse, …
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… , permanent/year-round residents, likely with fewer children such that the school system would not be burdened; … from [an] economic point of view." Public commenters who supported the proposed development felt it was the only way … Himeji, LLC, 214 N.J. 263, 284 (2013). A board's factual determinations are entitled to "great weight" and should not …
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… defendant had brandished two guns in front of her and her children. She said that defendant kept the guns in a “black … to the storage trailer. Considered in tandem, those factors support an objectively reasonable conclusion that N.D. had … existed at the time of the disputed search. The determination is fact-sensitive and requires the court to …
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… under the totality of the circumstances analysis “also support the conclusion that there was no valid waiver,” as … voluntarily consented to the search, but remanded for a determination of whether the physical evidence should instead … for leave to challenge the Appellate Division’s determination regarding the physical evidence, so that issue …
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… into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo v. Cnty. … the grand jury to engage in significant credibility determinations." State v. Evans, 352 N.J. Super. 178, 197 … no basis for disturbing the trial court's well-reasoned determination. As the court noted, the State's theory of the …
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… to go in the ocean . . . ." except that certain charitable children's organizations were allowed free access to the … the court concluded that the trial record adequately supported a finding that the Murphys had "exercised the … right-of-way. Plaintiff sought to "enforce the judicial determination as to the ownership of the strip of property in …
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… GUILT WAS THE ONLY DEFENSE PRESENTED, AND BECAUSE THE FACTS SUPPORTING THAT DEFENSE WERE CLEARLY INDICATED IN THE … and that exigent circumstances justified their entry. In support of this analysis, the Union County judge cited to … suppression motions embody a mixture of factual and legal determinations, and the significance, under search-and- …
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… further explained that while phase one of the project would support voltage in the area by 12 A-1218-15T2 increasing … noise in the area, such as vehicle traffic on Route One. In support of their opposition to the project, plaintiffs 15 … forth detailed findings of fact and conclusions of law in support of its decision.7 On February 17, 2015, plaintiffs …
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… Dr. Lawrence Akins. Reverend Akins wrote a letter in support of Berta's application for parole. The letter … of serious disciplinary infractions"7 in its parole determination. The Board found Berta's contentions "without … the presumption of parole is a "highly predictive" determination, Thompson v. N.J. State Parole Bd., 210 N.J. …
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… and costs under N.J.S.A. 10:5-12.9. In a certification in support of the motion, Bascom's and Hunt's counsel set forth … A-1415-20 14 thereafter submitted a certification in support of their request for $6,612.50 in counsel fees. … the details of their LAD claims. And the extrinsic evidence supports this interpretation. See A. Appropriations Comm. …
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… SELF-DEFENSE BECAUSE THERE WAS MORE THAN AMPLE EVIDENCE TO SUPPORT THAT DEFENSE AT THE CONCLUSION OF TRIAL. A. N.J.S.A. … other persons. POINT II THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT A MURDER CONVICTION BECAUSE MURDER IS REDUCED TO … Moreover, there is overwhelming evidence in the record to support the jury's verdict that defendant murdered Ortiz. …