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njcourts.gov
… RECORD, AND BECAUSE IT DID NOT PROPERLY CONSIDER EVIDENCE SUPPORTING MITIGATING FACTORS TWO, FOUR, AND SIX. As noted … Id. at 195. Specifically, this court found the "determination of the degree of the crime" to be an "essential … the trial court at the suppression hearing, including its determination that the testifying officer, Detective Hudson, …
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njcourts.gov
… as the continuity and stability of employment criterion supported "the maximum allowable award under the 2% cap," … of the 2% hard cap formula over a three- year term supports the following Award: 2018-0% salary increase, full … how the statutory criteria factored into my final determination. 7. I have also calculated the net, annual …
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njcourts.gov
… disregard for the truth,' and those allegations must be supported by an offer of proof." Ibid. (quoting Franks, 438 … where it found that "ample information was provided to support the probable cause finding and the issuance of the … We disagree. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
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njcourts.gov
… sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser- included charge must "jump[] off the … against her during the offense. To be sure, the record also supported the instruction the judge gave to the jury on the … assault by pointing a gun at Soto. The evidence in support of the lesser-included offense of conspiracy to …
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njcourts.gov
… findings of material facts on the record, which were supported by documents 13 A-0930-19 that revealed the … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … oral decisions. Judge Porto's findings of fact are amply supported by the record, and his legal conclusions are …
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njcourts.gov
… 2018. The court stated that following submission of further supporting and opposing papers, the case would be scheduled … arbitrary or there is a lack of substantial evidence to support them." Glenpointe Assocs. 241 N.J. Super. at 46 … and dismissed the tax appeal complaint. The record fully supports these findings and conclusions. We discern no error …
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njcourts.gov
… right to a speedy trial and there is no precedent to support a consideration of the statute of limitations in the … to a speedy trial, such failure will weigh against a determination that the right has been violated. See May, 362 … his failure to assert the right weighed "against any determination that the right was violated"). Defendants did …
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njcourts.gov
… and LRG, or against LRG alone. The court found that any determination of this issue was subject to a piercing the … condominiums, thereby creating a "legacy" for his children and grandchildren. LRG remained inactive until … defendant. And so it's clear to me that the notes are not supportive of the notion that the corporate veil pierced; …
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njcourts.gov
… TO A DRIVING ABSTRACT IS FOR SENTENCING, NOT FOR A DETERMINATION OF GUILT. We have considered these arguments in … 200 N.J. 547 (2009). Moreover, there is no authority to support the municipal court and Law Division judges' … added).] 15 A-0853-15T1 Both judges concluded the evidence supported a conviction for obstruction by "means of any …
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njcourts.gov
… Lobby, Inc., 477 U.S. 242, 249 (1986)). To make the determination, the trial judge must "consider whether the … 560 (App. Div. 2002). A. We first address the judge's determination that plaintiff could not sustain his burden of … opinion consists of nothing more than "bare conclusions, unsupported by factual evidence." Buckelew v. Grossbard, 87 …
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njcourts.gov
… THAT THERESA MACINAW LACKED WEIGHT AND RELIABILITY WAS UNSUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD. 1 … controlling" weight to the municipal judge's credibility determinations, because the municipal judge had the … for shoplifting. We also agree with Judge DeLury's determination that the decision against waiver reflected no …
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njcourts.gov
… when (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material … (1995)). Here, the evidence in the record at trial amply supports defendant's convictions. 20 A-1635-20 VI. Finally, … unless (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material …
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A-33-23 Amicus Curiae Brief Partners for Women and Justice
Briefs
njcourts.gov
… disclosure of the footage to the victim. This conclusion is supported by both new and preexisting statutory authority, … and well-being of not only themselves, but often their children, if they are denied permanent civil protection due … to N.J.S.A. 2C:25-23.1 is an example of the legislature’s determination to further public policy which permits …
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njcourts.gov
… arguments in turn. II. We review the PCR court's determination to proceed without an evidentiary hearing for … when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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njcourts.gov
… sister were granted status under the Deferred Action for Childhood Arrivals (DACA), an immigration program announced … unauthorized aliens who entered the United States as children to apply for a two-year forbearance of removal, … 466 U.S. at 687. Bare assertions are “insufficient to support a prima facie case of ineffectiveness.” State v. …
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njcourts.gov
… the defendants to conduct research and make subjective determinations in order to comply. I. We glean the salient … identify a particular government record(s) sought." To support its denial, defendants cited to MAG Ent., LLC v. … under OPRA. Plaintiff filed a notice of appeal. II. Determinations "about the applicability of OPRA and its …
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A-1676-24 Briefs
Briefs
njcourts.gov
… DIVISION: CAMDEN COUNTY DOCKET No.: CPM-L-202-24 BRIEF IN SUPPORT OF A MOTION FOR LEAVE TO APPEAL THE DENIAL OF … that Plaintiff submitted no evidence whatsoever to support such a statement. (Da291). At oral argument on … accident because its substantial business in that statue supported specific personal jurisdiction when due process …
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njcourts.gov
… exception. 11 A-0494-23 The State argues the record supports the court's denying suppression because: (1) … Elders, 192 N.J. at 244). By contrast, "[w]e review legal determinations, including the application of the law to … of pre-planning. We conclude the record supported both determinations. The police pursuit arose unexpectedly in the …
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njcourts.gov
… witness because the issue in this case has to do with a determination of his jurisdiction." The court held the … statement of reasons, the court made detailed credibility determinations regarding the witnesses who had testified … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… "fail[ed] to reveal objective findings that would support any subjective complaints of discomfort." 7 … respondeat superior and negligent retention/supervision. In support of these claims, plaintiff contended the City was … record contained genuine and material questions of fact supporting the legal conclusion his claims were not subject …