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… that had we reached the wiretap issue, federal law would support the ready availability to law enforcement of the … the county jail recordings, there is sufficient evidence to support the indictment against Allen-Brewer, warranting …
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… in our prior opinion, we reversed the trial court's determination to grant class certification, and accordingly … we note that plaintiff fails to cite a single case to support her apparent argument that a CFA claim may be proven … where plaintiffs failed to "present any expert evidence to support an inference of loss in value"). 23 A-5391-18T1 A …
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… outside the record[.]" We agree with the PCR judge's determination that this claim was procedurally barred under … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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… the deposition was needed to produce an expert report was unsupported by competent evidence from the expert himself. … Consequently, we owe no deference to the trial court's determination. Manalapan Realty, L.P. v. Twp. Comm. of … to save lives [airbags] create a lethal hazard to young children and other small persons sitting too close to the …
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… In our review, we "accept[] as true all the evidence which supports the position of the party defending against the … on February 19, 2019, he filed another motion seeking a determination that the documents were admissible as learned … Levin appear at trial so the trial judge could make a determination at a Rule 104 hearing as to whether the …
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… We disagree. We review a trial court's evidentiary determinations for an abuse of discretion. State v. Buda, 195 … conviction occurred in 2003. 12 A-2210-18 In making this determination, pursuant to N.J.R.E. 609(b)(2), the judge "may … warrant for aggravated assault. We again disagree. In supporting his position, defendant cites to State v. Cain, …
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… if "sufficient credible evidence in the record" supports those findings, because the PCR judge is better … gunshots, Hopkins's first instinct was to protect the children she was watching that day, not to look out the … defense. We shall not disturb the PCR court's determination. As the Supreme Court recognized, some trial …
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… during which a confidential informant (CI), defendant's childhood friend, conducted ten controlled drug purchases … "there is one common denominator in all of those cases: a determination that someone was being subjected to potentially … a defendant's predisposition is shown."). Additionally, if supported by "a compelling reason," State v. Megargel, 143 …
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… and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … (the need to deter defendant and others). These were amply supported by evidence in the record, including defendant's …
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… objections to the alleged damages. The court detailed its determination as to which M&A fees and costs it deemed … between the breach 14 A-1416-20 of the lease and its determination of the damages. Nicoletta asserts a damage award … point to any statute, court rule, or contractual provision supporting the award of those fees, see Litton Indus., Inc. …
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… and borderline traits." He "f[ound no] evidence that would support the defense of diminished capacity." By all … testimony is being offered for the purpose of aiding your determination of: (1) the reasonableness of [defendant]'s use … wa]s being offered for the sole purpose of aiding [their] determination of the issues of self-defense and …
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… fee but did not apply for, or submit materials in support of, an enhanced fee under Rule 1:21-7(f). Plaintiff … the settlement with the defendant, there was an apparent determination not to seek counsel fee-shifting against the … in the rule provides guidance as to the reasonableness determination of such an agreement. Here, nothing has been …
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… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
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… Bank.” However, the caption on the papers submitted in support of plaintiff’s ex parte application, including the … based on breach of the Stipulation of Settlement is further supported by New Jersey’s treatment of judgments by …
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… a voluntary undertaking by defendants' insureds and not a determination of legal liability, thereby "vitiating … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … Hahns in that litigation. 19 A-1850-20 Our careful review supports the judge's recitation of the summary judgment …
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… PER CURIAM The Court considers the Appellate Division’s determination that, in light of the Legislature’s 2011 … Appellate Division reversed and remanded the matter for a determination of the amount of refund due to J&J. Johnson & 7 … history of the Surplus Lines Law provides still more support for the Division’s position. The history of …
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… The facts are taken from the pleadings of the parties and supporting certified attachments. Plaintiff, f/k/a Crown … material factual contest which may affect the taxability, determination of apportionment of income attributable to New … in this regard must await Taxation’s factually based determination, whether by trial or another round of summary …
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… State v. Rhett, 127 N.J. 3, 7 (1992))). The evidence in support of the substantial distance and substantial … soon started following Muniz. Id. at 7. Such evidence could support a finding that defendants exposed Muniz and his two …
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… inference that the issuance of a warrant by a judge supports the rendering of a guilty verdict." Ibid. The Court … unwelcome text messages, when there was no evidence to support that assertion. It is improper for the prosecution …
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… in N.J.S.A. 34:13A-16(g) and issued a reasonable determination. Teaneck, 353 N.J. Super. at 306. PERC is … in N.J.S.A. 2A:24-8 and -9[,] or (3) the award is not supported by substantial credible evidence in the record as … N.J. 221 (2016). We will similarly uphold an award if it is supported by "substantial credible evidence in the record." …