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A-43-24 ACLU of New Jersey Amicus Curiae Brief
Briefs
njcourts.gov
… a criminal defendant’s mental state to make complex determinations about culpability. They do so with and without … the old version explicitly contemplated that the defense be supported by the sworn certificates of two psychiatrists.2 … “if evidence is relevant and necessary to a fair determination of the issues, the admission of the evidence is …
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njcourts.gov
… containing actionable knowledge or information that can support a variety of human or technical functions, including … services. It suggests a future iteration of the internet, supporting persistent online 3D virtual environments through …
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njcourts.gov
… 2013, at about 4:30 a.m., defendant, with his two infant children and the children's mother, were riding a PATH train … judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … II, slip op. at 22. We disagree with the PCR judge's determination that trial counsel's strategic decision to forgo …
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njcourts.gov
… shown and "an absence of prejudice to . . . defendant." In support, plaintiff primarily relied on Audubon Volunteer … order. See R. 4:50-2. The judge also found that a motion supported by Rule 4:50-1(b) through (e) was time barred, and … principles, we discern no abuse of discretion in the determinations made by the judge and affirm substantially for …
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njcourts.gov
… judgment. 7 A-2670-22 Defendants made several arguments in support of summary judgment: plaintiff failed to adduce … law. Plaintiff responded, contending the damages claim was supported by: the conversations between plaintiff and …
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njcourts.gov
… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; see also State v. …
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njcourts.gov
… Turning to count two, RU's attorney argued there was no support in the record to demonstrate a "disability-based … See Godfrey, 196 N.J. at 196. Nor does the motion record support plaintiff's harassment claim based on a disability …
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njcourts.gov
… dismissal of Extech's complaint based on the court's determination the purported personal 3 A-0191-23 guarantees … on behalf of E&N and not as personal guarantors. We find no support in the summary judgment record for that conclusion, … of Extech's form application does not permit that determination as a matter of fact or law. The signature lines …
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njcourts.gov
… claimed his trial counsel failed to retain an expert to support his voluntary intoxication defense; failed to … noted that trial counsel's failure to retain an expert to support 10 A-2540-22 a voluntary intoxication defense "was … A trial court may consider several factors in making its determination of whether a defendant was so intoxicated that …
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njcourts.gov
… responded to Route 52, stating Section 106.20 "clearly support[ed] that proceeds and adjustments to any BR[I] claim … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… prejudice.1 Because we see no error in the trial court's determination that plaintiff failed to file an affidavit of … also revives the argument proffered to the trial court in support of the reconsideration motion that the required … care facility." We affirm the trial court's threshold determination that Rose Garden is a health care facility …
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njcourts.gov
… the reasonableness of any explanation counsel may offer in support of his decision not to assign an investigator to … witness testimony[,]" and will uphold findings that are "supported by sufficient credible evidence in the record." … and they were called as witnesses at trial is unsupported by any competent evidence in the record. According …
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njcourts.gov
… to hear testimony from various expert witnesses in support of the 2021 Application. After completion of the … 'so necessary or commonly to be expected that it cannot be supported that the ordinance was intended to prevent it.'" …
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njcourts.gov
… for Comtron in any of the pending litigations—as further supported by . . . Wiesner's continued claims—by … Westfield, 17 N.J. 67, 76 (1954). "[E]vidence submitted in support of a motion for summary judgment must be …
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njcourts.gov
… the causation of the injury to begin with was. In order to support a causal connection between the act complained of … OF MATERIAL FACT SHOULD HAVE BEEN SUBMITTED TO A JURY FOR DETERMINATION. II. THE TRIAL COURT ERRED IN FINDING THAT A … a "motion for summary judgment should be denied when determination of material disputed facts depends primarily on …
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njcourts.gov
… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … and defendant has not established a prima facie case to support an ineffective assistance of 18 A-0396-21 appellate …
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njcourts.gov
… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … provision. Additionally, we note plaintiff has not provided support for the proposition that a failure to comply with … argument that defendant knew about the lawsuit is unsupported by the record. See Viviano, 101 N.J. at 552. …
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njcourts.gov
… to defendants, arguing that the law and facts do not support summary judgment. In another argument, plaintiff … and rejected plaintiff's contentions because they were not supported by evidence, and the undisputed material facts …
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njcourts.gov
… decedent died intestate. Decedent never married, had no children, and was not survived by a parent, sibling, or … Takach Scheper, executed renunciations of administration in support of DiPaolo's application for administration. 3 … to forego applying the doctrine of unclean hands was supported by substantial credible evidence in the record and …
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njcourts.gov
… an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … counsel effectively subverted his prospective waiver." In support of that contention, defendant states in his PCR 14 …