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… its review, the three-member panel concluded "the factors supporting the denial of parole[] are of such a serious … The Board affirmed the two-member panel's January 3, 2018 determination denying parole and the three-member panel's … assessing [his] case, concur[red] with the Board panel's determination to deny parole." The Board also agreed with the …
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… and pressure redistributing support" to prevent the development and deterioration of … was not required to solely point to an academic treatise to support her opinions and instead may rely on applicable … are genuine issues of material fact that require a jury's determination. Dr. Soiferman acknowledged that decedent's …
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… whether the facts and circumstances shown by the evidence support an inference [of defendant's guilt.]" The jury found … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. Nevertheless, even … persuaded, and our review of the cases does not reveal any support for such a proposition. In Mathis and Terrell, we …
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… accepting A-1095-16T3 9 as true all the evidence which supports the position of the party defending against the … negligence per se. The Court observed: Ordinarily, the determination that a party has violated a statutory duty of … to plaintiff. The testimony from plaintiff's expert fully supported their contention that defendants owed plaintiff a …
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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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… "impressed by the fact that [defendant] ha[s] a loving and supportive family" and defendant "came into court and . . . … application of the estimator variable of distance." In support, defendant relies upon the Supreme Court 's opinions …
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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. …
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… 23, 2019, defendant filed his petition for PCR and a supporting certification dated January 9, 2019. In his … his parents to challenge James' credibility. In further support of his PCR petition, defendant filed a June 20, 2019 … hearing, we review the judge's legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …
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… condition." Here, the record we have described amply supports the Law Division's factual findings and conclusions … The following statement made by the Law Division judge in support of his decision the illustrates the point: 3 …
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… State did not raise any others to the court in its brief in support of the warrantless search. The trial court's careful … section of defendant's reply brief to the trial court in support of his motion to suppress evidence: "In the case at …
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… Brach Eichler from representing the Prassas defendants. In support, Delaney attached a certification and an abundance … 1992)).] The court set forth five factors relevant to a determination whether the moving party seeking … Delaney's adversaries as well as Delaney's possession of supporting documentation he now uses as a sword to …
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… Inc., 477 U.S. 242, 250 (1986)). Assertions that are unsupported by evidence "[are] insufficient to create a … opinions constitute mere speculation, 13 A-3535-18T2 unsupported by competent evidential material in the record. … problem with the handle. Where an expert's findings are not supported by proper factual evidence, it constitutes a net …
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… ANY OF THE COUNTS, AND FAILING TO FIND OR EVEN ADDRESS SUPPORTED MITIGATING FACTORS RAISED BY TRIAL COUNSEL. A. … in State v. Eli, explaining why the evidence reasonably supported defendant's father's conviction for escape. Eli, …
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… and defendant were married in September 2016. They have no children together. Plaintiff obtained a March 20, 2019 … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Id. at 127; accord J.D., 207 N.J. at 476. This second determination, like the first, "must be evaluated in light of …
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… did not fall under any excluded categories of employees. In support of its petition, the Chapter provided certifications … 73, 150 N.J. 331, 352 (1997). As for administrative determinations, such as those pertaining to the scope of … We apply the same standard to a clarification of unit determination. Prof'l Ass'n of N.J. Dep't of Educ., 64 N.J. at …
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… following background information. Amy has suffered since childhood from a debilitating disease that, among other … Amy resides. Under the ASP Management Trust Agreement, determinations regarding the management of trust assets and … court "clearly applied the wrong burden of proof" is unsupported by any reference to the record or to the words the …
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… highly deferential standard of review to a trial judge's determination on a motion to suppress. State v. Gonzales, 227 … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … thereafter did he make a statement to police. The record supports the judge's conclusion that defendant's statements …
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… gunpowder has been deposited. Muzzle to Garment Distance Determination, Vt. Forensic Laboratory, … https://vfl.vermont.gov/content/muzzle-target-distance-determination (last visited Feb. 25, 2020). If any gunshot … discovery of all evidence that the State has gathered to support its charges. Id. at 252 (citing R. 3:13-3). In …