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… failed to make a sufficient showing of prejudice to support his motion for severance. Further, the State avers … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … of the trial court ." Id. at 318. In making the determination, "a court must consider the competing factors …
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… evidentiary hearing if they establish a prima facie case in support of post-conviction relief, the court determines … a defendant has presented a prima facie claim and the facts supporting the claim are outside of the trial record, the … "when the issue is solely whether an adequate factual basis supports a guilty plea, a Slater analysis is unnecessary." …
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… garaged all of their vehicles in this State. In further support of their motion, movants argued Nationwide committed … the law of the place of the contract will govern the determination of the rights and liabilities of the parties … per victim because testimony from Braswell does not support this conclusion, whereas the judge found it did. The …
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… resolution approving the application and remand for a new determination on the application's merits. For completeness, … capriciously, or unreasonably if its findings of fact in support of a grant or denial of a variance are not supported … Bd., 208 N.J. 95, 101 (2011)). Moreover, a board's determinations of questions of law are not entitled to …
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… Franklin died on August 5, 2015. She was survived by three children, DeFazio, Louise Soden, and Kelly Ann Bell. It … and her daughter, Samantha Koch, filed certifications in support of DeFazio's claims. On April 13, 2017, the judge … the monies in the account to Soden. We note that factual determinations "made by the trial court sitting in a non-jury …
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… apply a de novo standard when reviewing a motion judge 's determination of the enforceability of a contract. Goffe v. … He testified on behalf of Foulke in other matters in support of enforcing arbitration clauses, before he executed … rights. An unambiguous writing is essential to such a determination." Id. at 136. Here, unlike Garfinkel, the …
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… its independence from the government . . . ." In his supporting affidavit, Rahulan stated that he "did not … deference to a trial court's factual findings that are supported by substantial credible evidence in the record, 13 … "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
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… gave due deference to the municipal court's credibility determinations. The judge agreed with the MCJ's credibility … allowing doctors to possess syringes. The record does not support this assertion. Nor does it support the self- … boils down to a disagreement with the court's credibility determinations. We generally defer "to trial courts' …
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… contracts, "if the controlling language of a policy will support two meanings, one favorable to the insurer and the … and/or carelessness in the breach of the duty of care. In support of this assertion, plaintiff points to the April 18, … L.P., 700 F. Supp. 2d 1003, 1011 (N.D. Ill. 2010), to support its position that RLI is obligated to evaluate its …
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… to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In making this determination, the trial judge "should focus on the logical … (2014)). The judge must then "determine which factors are supported by a preponderance of [the] evidence, balance the …
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… the State for a riparian grant. 2 These statements are not supported by any documents in the record. 3 Joseph McNamara, … arguments. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … the Association. "Standing is a threshold justiciability determination of whether [a] plaintiff is entitled to initiate …
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… A SEPARATE TRIAL. POINT II AS THERE WAS RATIONAL BASIS TO SUPPORT THE LESSER INCLUDED CHARGE OF PASSION 3 A-1144-18 … whom she was with, and what she was doing at all times, supports the State's contention that he was obsessed with … the jury on passion/provocation manslaughter, leaving the determination of the remaining elements to the jury.'" State …
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… that defendants failed to present "competent" evidence to support the remedy they seek. Consequently, we are … defendants. The judge entered orders memorializing those determinations in October and December 2015. In appealing, … and did not make the findings necessary to make that determination but only because he found defendants' evidence …
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… PAR. X. POINT III THE DEFENDANT[']S PLEA OF GUILT DOES NOT SUPPORT A FIRST DEGREE AGGRAVATED MANSLAUGHTER CONVICTION. … OF COUNSEL AND DENIED PETITIONER A FAIR TRIAL. In a supporting certification, defendant contended that had his … stated, "In short, if a factual basis has not been given to support a guilty plea, the analysis ends and the plea must …
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… quoted from numerous policy provisions and exclusions to support its position – based on an "assessment of the … and the facts are presently too uncertain to make such a determination; and (3) Mt. Hawley's standing to claim … a defense subject to its reservation of rights and future determination of its obligations, or lack thereof. The …
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… Law as a contested case. The Authority intervened in support of Mondsini. After denying the LFB's motion for … I. We begin by noting "[j]udicial review of agency determinations is limited." Allstars Auto Grp., Inc. v. N.J. … bound by an agency's interpretation of a statute or its determination of a strictly legal issue,' particularly when …
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… the Bernstein rulings but did not specifically cite them in support of its ruling. The court also pointed out Chief … upon the "logic" of this court's unpublished decisions to support his position that he is entitled to the requested … We recognize there is merit to the trial court's determination that plaintiff's request seeking personal …
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… addresses “specific facts” and “concrete evidence” to support a favorable jury verdict. Housel for Housel v. … or investigation has been conducted to make such a determination. Id. at 114:10-25 – 115:1-12. Importantly, … 272, 770 A.2d 1144 (2001). This Court in no way made its determination based on a lack of express first-party language …
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… The court stated, "the underlying circumstances . . . support the officer's reasonable and articulable suspicion … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … and distribution and not guilty of others does not support the grant of a new trial. The trial judge properly …
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… default judgment and extend the time to file an answer. In support of the motion, Ficke's owner, Arun Parikh, certified … "it's not [Ficke's] right under the policy to make that determination. It's the carrier . That's why they want to have … to defend this. It's not up to the insured to make such a determination." The judge further noted there was no dispute …