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njcourts.gov
… In his petition, defendant alleged the following supporting facts: I was driving my sister's car and was … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… had not provided any medical documentation or expert support for such a claim. B. The State presented the … proper analysis under N.J.R.E. 609(b).5 Thus, he could not support the theory argued by his counsel that his behavior …
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njcourts.gov
… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … v. Fox & Lazo Realtors, 132 N.J. 426, 439 (1993)). The determination of such a duty is generally considered "a matter … the . . . feature causing the fall," recognizing that the determination "depend[s] on the context and facts in the given …
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njcourts.gov
… Board of Directors. The Board of Directors shall make a determination on its desired approach and WMG will carry out … agreements with third party vendors. . . . . . . . 3.7 Support to Association's Counsel. When requested by the … court in our review of appeals from summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
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njcourts.gov
… INC., and BEAUVAIS CARPETS, INC., Plaintiffs, v. ROTHSCHILD REALTY I, L.P., and UNIVERSAL CARPET DESIGN, INC., Defendant, and ROTHSCHILD REALTY I, L.P., Defendant/Third Party … correctly interpreted the law.'" DepoLink Ct. Rep. & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… the indictments. Each of the four Cofield factors is supported by the record. First, evidence of each incident is … These are separate counts of the indictment. In your determination of whether the State has proven the [d]efendant … we were to consider defendant's argument, does the record support a conclusion that the failure to give a disguise …
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njcourts.gov
… Division judge concluded the factual basis was adequate to support the guilty plea. Defendant raises the following … the factual basis to a guilty plea," do "not mak[e] . . . determination[s] based on witness credibility or the feel of … trial court." Ibid. The necessity for a factual basis to support a guilty plea is rooted in due process. See McCarthy …
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njcourts.gov
… of marijuana, which resulted in a conditional discharge, supported aggravating factor number three. The judge found … the judge failed to make the necessary findings of fact supporting his determination or otherwise sufficiently expressing his …
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njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …
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njcourts.gov
… at 2:41 p.m., 2:44 p.m., 3:30 p.m., and 4:29 p.m. In support of their motion, defendants filed a certification … [c]ourt is satisfied with the certifications submitted in support of the contention that the method by which an e-mail … of the validity of an arbitration agreement and the legal determinations made by the trial court is de novo. Morgan v. …
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njcourts.gov
… consequently, the court's finding amounted to a determination of a disputed fact that usurped the function of … expressed a net opinion is based on the court's factual determinations that are contradicted by the record and the … rise to the slip and fall, or eyewitness testimony, may support an inference of constructive notice about the …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … in original) (quoting Terry, 392 U.S. at 27). The record supported the trial judge's finding a reasonable suspicion …
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njcourts.gov
… to protect the identity of the victim. 3 A-3494-17T4 children. Defendant and Ortiz went back to Home Depot a … reckless acts when there are no reckless acts or facts to support an act of recklessness . . . ." In her reasoning, … manslaughter. We discern no error in the court's determination not to charge the jury with the lesser- included …
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njcourts.gov
… the petition itself must allege the facts relied upon to support that claim. State v. Mitchell, 126 N.J. 565, 576 … hearing where he establishes a prima facie case in support of PCR. See R. 3:22-10(b). Viewing the facts in the …
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njcourts.gov
… (App. Div. 2019). The court "will disturb a trial court's determination on counsel fees only on the rarest occasion, and … of a binding settlement[] to make a definitive CFA determination." Id. at 420. We explained that the parties … 2015). Defendant has not moved for appellate counsel fees, supported by affidavits or certifications as prescribed by …
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njcourts.gov
… difficulty keeping his balance. He grabbed onto the car for support to keep from falling. The officer noticed … that he had an opportunity to make a 5 A-5581-18T1 determination as to where defendant's car had its "initial … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … [must be filed] in accordance with [Rule 4:86] for the determination of his or her mental incompetency and the … of defendant's alleged power of attorney, the determination of which had no bearing on plaintiff's standing. …
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njcourts.gov
… was determined to be smaller than previously mentioned, it supported a finding that defendant "had been in possession … the judge's decision on the motion to dismiss to be fully supported by the record. Defendant also contended that …
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njcourts.gov
… of non-custodial probation. There was no direct appeal. To support her petition, Lian argued that her plea attorney … who was her paramour and the future father of her children. The indictment charged Lian and the man with … matter back to the trial court for further assessment and determination of the conflict of interest issue and an …
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njcourts.gov
… below was 'arbitrary, capricious or unreasonable' or '[un]supported by substantial credible evidence in the record as … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … 579). Judge Minkowitz recognized that these credibility determinations were not controlling. He considered the …