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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. In response to the …
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… the hospital, defendant said he was upset that "he let his children 3 At trial, the parties stipulated that the phone … instructions," we "should give equal deference to the determination of the trial court" and reverse only when the … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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… RITUALISTIC BLESSING AT DEFENDANT'S APARTMENT DOOR WITHOUT SUPPORTING TESTIMONY. POINT IX THE INSTRUCTIONS TO THE JURY … juror. State v. Kelly, 97 N.J. 178, 208-09 (1984). The determination of whether expert testimony is required and … certain experts who agreed that they could not make a determination as to whether Acosta had a condition that …
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… noted defendant failed to produce any medical records to support his claim. Initially, we note that defendant's … be commenced." Hogan, 144 N.J. at 235. "Credibility determinations and resolution of factual disputes are reserved … by well-settled principles. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 …
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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. Accordingly, we …
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… arguments in light of the record, we reverse the court's determination that Damien violated paragraphs (k)(8) and … who requested another practitioner perform a "clinically supported" diagnostic test, id. at (b)(2), to make that … Code violations by Dr. Damien that resulted in the determination that he is required to pay back any monies paid …
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… decision regarding the validity of a local board's determination, "we are bound by the same standards as was the … N.J. 75, 89 (2002). Courts review de novo local boards' determinations on questions 9 A-5124-13T3 of law. Wilson v. … 2009). A. There is substantial evidence in the record to support the judge's finding that the operation of an asphalt …
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… the court improperly held that the law of the case doctrine supported a dismissal with prejudice. We find this argument … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … the record and the complaint supports the trial court's determination. Moreover, Lask's complaint was dismissed …
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… requirements of Rule 4:46-1. Bowers cites no precedent to support her interpretation of the Rule. "We apply the same … court decided all motions in limine." However, there is no support for this claim in the public record of proceedings … court "affords no special deference to the legal determinations of the trial court" (citing Manalapan Realty, …
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… altercations between [defendant] and Bostic in its determination of whether [defendant] was reasonably provoked … N.J. 112 (1991), and State v. Bonano, 59 N.J. 515 (1971) to support his contention that tailoring was warranted, but his … Defendant cites State v. Randolph, 228 N.J. 566 (2017) to support his contention that the flight charge should have …
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… were "mischaracterized as a personal disagreement." To support her claims of retaliation and IIED, plaintiff largely relied on the allegations used to support her hostile work environment claim. With respect to … his wife's personal problems stemming from her difficult childhood; on another occasion, he told her his sister was …
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… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … (1) his sister accompanied him to the interview and her children were also being investigated in this case; (2) … of proof is similar to the one that guides a grand jury's determination whether or not to indict. Id. at 205–06. 11 As a …
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… 2010, Exxon filed a cross-claim against ALMI seeking a determination that it was excused from its obligations to … 443 (2011) (noting that the doctrine finds its 20 A-3011-18 support in our State Constitution and the goal "that all … notice been given." Id. at 530 (quoting Am. Ins. v. Fairchild Indus., Inc., 56 F.3d 435, 440- 41 (2d Cir. 1995)). …
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… OF WHICH PARTICULAR OFFENSE WAS THE SUBJECT OF THE JURY'S DETERMINATION. [U.S. CONSTITUTION, AMENDMENTS V AND XIV; N.J. … his friend with whom he met with after beating the victim supported his request for the charge. He argues that with … the Court described "some of the factors pertinent to the determination of intoxication sufficient to satisfy the test …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … cards, and mail bearing defendant's name—that support the jury's verdict, but the State argued defendant's …
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… has not established that his claims of invalidity are supported by settled law, that alteration of the present … to dismiss plaintiff's petition, arguing that it was both unsupported and untimely. On the same day, plaintiff filed an … that the special circumstances of the COVID-19 pandemic supported the Executive Orders modifying customary election …
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… CREDIT. Appellate review of a trial court's evidentiary determinations is limited to examining the decision for abuse … anew the record on which the trial court's admissibility determination was based." Ibid. Generally, evidentiary … gathered from the circumstances if the facts 16 A-2501-17T3 support the inference.'" State v. Prall, 231 N.J. 567, 585 …
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… so divergent," that the issue came down to a credibility determination. The judge stated he "clearly [found] that the … with police. We also find no error with the judge's determination that police properly asked defendants to exit … reliance on the Strip Search Act, N.J.S.A. 2A:161A-1, in support of his contention the search was unlawful, is …
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… and because there was evidence in the record to support those charges, we reverse and remand for a new … Miranda rights. The State responds that the trial court's determination the State proved beyond a reasonable doubt … in the interview. We now review the trial court's determinations. C. The Fifth Amendment to the United States …
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… of any evidence during [t]rial by [d]efendants in support of [d]efendants' [c]ounterclaim for [q]uantum … and in the course of the litigation. It is only the determinations made by the trial judge about plaintiff's … subject of the remand, which may be completed through the determination of a properly filed summary judgment motion or …