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… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … of the plaintiff is a significant factor, "[t]he determination by the judge should ordinarily be made at a … the accrual clock starts then. 15 A-0942-16T1 The determination of when a claim accrued ordinarily should be …
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… Thus, defendant has failed to provide any evidence to support his contentions. Defendant's bald assertions are … insufficient credible evidence in the record to factually support defendant's conviction under N.J.S.A. 39:4-50 …
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… State drew heavily from Clark's and the CI's testimony in support of its argument defendant distributed the subject … crack cocaine sold to the CI, but the record does not support this claim. Clark voiced an opinion consistent with …
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… facts were presented during the suppression hearing, to support defendant's December 24, 2013 arrest. The State … belief defendant was engaged in criminal activity was supported by the testimony of Officers Fesi and Ramirez, …
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… We agree the judge's Yarbough1 analysis does not support consecutive terms and for that and other reasons, we … whether "there is substantial evidence in the record to support the findings of fact upon which the sentencing court …
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… DEFENDANT AS A CALLOUS MONSTER WITHOUT HAVING ANY SUPPORT IN THE RECORD FOR HIS CLAIMS, THE PROSECUTOR … during his opening statement to the jury that were not supported by the record and "set a distorted tone for the …
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… 24, 2013. She was rushed to the hospital and placed on life support, where she remained until her death on July 1, 2013. … in failing to timely produce witnesses for deposition. In support, plaintiff's counsel certified that "[b]y failing to … the court's interpretation of N.J.S.A. 2A:53A-28, and its determination that plaintiff was not entitled to avail himself …
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… alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … street from the store, and his conduct was insufficient to support his conviction. We disagree. In our review of the … 2C:33-2(a)(1). The evidence amply supports the court's determination that defendant committed the offense of …
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… A-4504-14, the Planning Board and the City, as intervenor, supported by amicus curiae FWB, appeal from a February 4, … of the County Board's own engineering consultant, and unsupported by the evidentiary record. Therefore, the trial … the trial judge that the County Board's decision was not supported by the record, and the Freeholder Board's decision …
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… counsel's] application is premature. There has been no determination by this [c]ourt or a finder of fact that there … is clear to us that he implicitly applied these criteria to support his decision. Thus, the judge found plaintiffs had … § 1983 because the trial judge did not make "a final determination on the merits holding that defendants engaged in …
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… been tainted." R.D., supra, 169 N.J. at 559. To make that determination, the court must consider "the gravity of the … Defendant believes raising the inference of retaliation unsupported by the record was an attempt to bolster the … victim was shot in the middle of a crowd. The determination this act requires deterrence is well founded. …
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… because our Legislature has made a public policy determination that what she did on October 31st, 2008, … contract that she must be imprisoned. This public policy determination that prison is mandatory is indeed finally all … the second to defendant, was both eminently reasonable and supported by the record. The judge did not shirk from …
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… concluded the statements would assist the jury in their determination of whether defendant resisted arrest, and he … factors, and sufficient credible evidence in the record supports his or her finding, we will affirm. State v. … judge fails to find mitigating factors that "clearly were supported by the record." State v. Bieniek, 200 N.J. 601, …
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… there is sufficient credible evidence in the record to support the judge's determination.'" Ibid. (quoting State ex rel. R.V., 280 N.J. … giving deference to the trial court's credibility determinations and factual findings, we find that there is …
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… The parties' likely adversarial relationship tends not to support imposition of a duty. Furthermore, the design of our … concealment action, concluding that evidence did not support a finding of intentional destruction). Here, the …
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… procedural history is necessary to give context to our determination. As noted, plaintiffs' complaint was filed in … pursuant to N.J.S.A. 47:1A-6 and Rule 4:42-9(a)(8). In his supporting certification of services, defendant's counsel … are now moot. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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… submitted the certification of Lori Bonderowitz in support of its motion for summary judgment. She certified … court "affords no special deference to the legal determinations of the trial court." RSI Bank, 234 N.J. at 472 … 87 N.J. 512, 525 (1981)). "It has long been true that '[d]eterminations of the scope of duty in negligence cases has …
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… into PTI. See N.J.S.A. 2C:43-12 to -22; R. 3:28. To support his claim, defendant submitted his trial counsel's … and fact, [appellate courts] give deference . . . to the supported factual findings of the trial court, but review de …
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… findings from the suppression hearing, so long as they are supported by sufficient credible evidence in the record. … sweep is allowable "where the totality of the circumstances support a reasonable suspicion that a driver or passenger is …
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… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …