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njcourts.gov… interview was insufficient for her to reach a competency determination. Dr. Chung also consulted with two colleagues … that lack of "familiarity . . . likely impacted her determination that defendant is competent to stand trial." In … of competency will be sustained if there is sufficient supporting evidence in the record. State v. Purnell, 394 …
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njcourts.gov… Co., 185 N.J. 490, 501 (2006), we review a trial court's determination for abuse of that discretion. Port Liberte II … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … Div. 2004). There is also no evidence in the record to support plaintiffs' assertion they filed a motion to compel …
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njcourts.gov… 5 A-1928-23 Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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STATE OF NEW JERSEY VS. DAVID J. MILLS, III (20-12-0194, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" …
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njcourts.gov… "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
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njcourts.gov… expert may offer out-of-court statements of others to support the opinions presented."). "However, hearsay is not …
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njcourts.gov… defendant also moved to vacate the final judgment. In his supporting certification, DeLeon claimed he was unaware that … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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njcourts.gov… to be determined by motion. The order stated that upon determination of that motion, a final judgment "shall" provide … a miscarriage, but otherwise makes its own independent determination of whether a miscarriage of justice occurred. … indemnified plaintiff for his negligence was not supported. Defendants cite no other legal authority that an …
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STATE OF NEW JERSEY VS. NEIL RACITI (16-05-0951, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Court reasoned: [D]efendant's factual circumstances do not support an "involving or touching" conclusion in respect of …
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njcourts.gov… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
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STATE OF NEW JERSEY VS. JAMES A. FERREN (16-11-3150, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… findings after the suppression hearing, as they were "supported by sufficient credible evidence in the record." …
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STATE OF NEW JERSEY VS. RASHID WALKER (02-06-0824, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… following contentions: POINT-I THE PCR COURT ERRED IN ITS DETERMINATION THAT THE DEFENDANT DID NOT SATISFY THE … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … if a new trial were granted. Lastly, the record does not support defendant's argument that James' availability to …
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njcourts.gov… attendant to litigating this matter in Kansas support invalidating the parties' forum selection clause. …
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HELENA CUOMO VS. TSI RIDGEWOOD, LLC, ETC. (L-5279-15, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial de novo demand. Defendant cites to Vanderslice to support this argument, arguing "[t]he Supreme Court …
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njcourts.gov… court "erred in passing judgment" on the hospital's SPAE determination because under the PSA, the court has no role in reviewing a health care facility's SPAE determination. Id. at 246-47. The Court also held that the … would be "overly burdensome." The record does not, however, support that claim. Moreover, NMC has conceded that an …
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STATE OF NEW JERSEY VS. AARON J. ELLIS (13-04-0470, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the two mitigating factors. We agree with the PCR judge's determination because defendant's past criminal record … 321 N.J. Super. 154, 170 (App. Div. 1999). The record amply supports the PCR judge's findings and conclusions. Defendant …
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njcourts.gov… not point to any objective credible medical evidence" in support of her claim. She also failed to provide the … deemed to have waived any challenge to the trial court's determination that she failed to show her injuries satisfy the …
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njcourts.gov… restored had plaintiff filed a timely motion to reinstate supported by "a one paragraph certification." The court did … that our court rules shall be construed to secure a just determination, simplicity in procedure, fairness in … as "a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits." …
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njcourts.gov… EXCESSIVE SENTENCE REQUIRING REVERSAL. A. ALTHOUGH SUPPORTED BY AMPLE EVIDENCE IN THE RECORD, THE JUDGE … other jurors to ensure the impartiality of the jury. That determination should be explained on the record to facilitate … for her departure. Our Supreme Court cautioned the "determination that the reasons for the removal of [a juror] …
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njcourts.gov… to grant relief and, so, we sustain the trial judge's determination that defense counsel's errors do not require … defendant moved to vacate the confirmation order. In a supporting certification, defense counsel stated he was in … been presented with no reason to question the judge's determination that there were reasonable grounds to excuse …