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njcourts.gov
… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
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njcourts.gov
… its argument that the holding in Hargrove controlled the determination of whether Access Bio was plaintiffs' joint … 142 N.J. 520, 529- 30 (1995)). Self-serving assertions, unsupported by evidence, "[are] insufficient to create a … Enterprise, 683 F.3d at 467. The court held that a "determination of joint employment 'must be based on a …
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njcourts.gov
… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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njcourts.gov
… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …
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njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … or other similar devices." N.J.S.A. 59:4-5. "[T]he determination as to the advisability or necessity of a … signage was not palpably unreasonable, and its decision was supported by the limited accident history of the site. The …
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njcourts.gov
… nurses, and the patient advocate, and sent letters in support of his requests to various NSP personnel. A "sick … R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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njcourts.gov
… judge in October 2013 – some thirty-three months before – supporting the former prosecutor's representation. Because … That argument requires little discussion. Sentencing determinations are reviewed on appeal with a highly … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). …
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njcourts.gov
… plaintiff's complaint, knowing there was no evidence to support the claims, and she made several false statements to … or appreciate evidence." However, the memorandum in support of defendant's motion for reconsideration merely … as to an award of costs for an abuse of discretion. Children's Inst. v. Verona Twp. Bd. of Adjustment, 290 N.J. …
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njcourts.gov
… 2(c), "the court must accept as true all the evidence which supports the position of the party defending against the … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. "It is well-settled … for reconsideration contained numerous material errors unsupported by the record. A motion for reconsideration is …
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njcourts.gov
… Inc., Arcuri Agency, and Peter M. Arcuri, Jr. (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … the available insurance coverage. Nor does Werrmann support plaintiff's attempt to establish those foundational … proceed against the brokers. She provides no authority that supports or lends any credence to this misguided premise. …
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njcourts.gov
… Flagrant Violation Of The Recordation Requirements, Did Not Support The Trial [c]ourt's Ruling That The Photo … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … 434, 451 (1972)). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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njcourts.gov
… Thus, Kearny cannot rely upon N.J.S.A. §2C:21-36 to support the Amended Ordinance requiring compliance when … and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly …
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njcourts.gov
… for a waiver of the specialty requirement, based upon its determination that plaintiff's proposed expert lacked active … at least seven doctors refused to become experts not only supports the good faith effort[,] it also calls into … basis in the record to support the trial court's determination that Dr. Caprio lacked "sufficient training, …
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njcourts.gov
… acquisition negotiations in a Federal Project and/or determination of the fair market value of the property rights … grounds collectively invoked by the Borough and the DEP supporting their non-disclosure of the draft appraisals. … to acquire the property would be through litigation. To support such litigation, the government had the subject …
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njcourts.gov
… 99 (App. Div. 2006). In addition, a trial court's factual determination on a speedy trial issue "should not be … maintains his sentence was excessive, but the record supports the findings challenged on appeal. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
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njcourts.gov
… Ed. 2d 241 (2016). We defer to the trial court's findings supported by sufficient credible evidence in the record, … them." State v. W.B., 205 N.J. 588, 602 n.3 (2011). The determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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njcourts.gov
… 3 A-2974-15T2 suppress hearing when they are supported by sufficient credible evidence in the record." … photographs adduced at the testimonial suppression hearing, supported its conclusion that, although he lived in a house …
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njcourts.gov
… Plaintiffs first assert there was insufficient evidence supporting the Board's approval of defendant's application … as defined in the MLUL." Price, supra, 214 N.J. at 287. A determination that a property is particularly 5 The two other … determine if defendant satisfied the negative criteria. Determination of the "negative criteria" involves two …
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njcourts.gov
… a hearing. Defendant does not challenge the court's determination on that issue on appeal. 13 A-1378-16T1 … the merits 15 A-1378-16T1 of defendant's arguments in support of his assertion that the court erred by denying his … conflicting information concerning the dates pertinent to determination of the credits.8 If the court on 7 For the …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … with a de novo review of the trial court's initial determination that the protections of the Statute do not apply … In particular, defendant challenges the trial court's determination that his actions in resisting the pat-down …