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A-40-24 Petition for Certification
Briefs
njcourts.gov
… will have on the municipality. In reaching its determination that a due process violation occurred, the … The Appellate Division's remedy of reversing the ALJ' s determination without remand prevents the City from arguing … Harbor, and Egg Harbor's decision to deny consent was fully supported by the record and entitled to deference. Further, …
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njcourts.gov
… we have considered its brief and oral arguments, which are supportive of plaintiffs' position. In the meantime, the OAE …
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njcourts.gov
… "derived from a sound and well-founded methodology that is supported by some expert consensus in the appropriate … A-3125-22 "The wide latitude afforded trial courts in the determination of a prospective juror's qualifications stems …
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njcourts.gov
… recognized, "OPRA's legislative history . . . offers direct support for a balancing test that weighs both the public's …
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njcourts.gov
… Choi. This is not . . . a situation where [a] determination as to whether or not . . . defendant . . . acted … evidence. State v. Trinidad, 241 N.J. 425, 448 (2020). A determination on the admissibility of expert testimony also is … and were "not redundant." These findings are amply supported by the record. Therefore, the challenged …
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njcourts.gov
… amendments, and DEP's decision to adopt the amendments is supported by substantial credible evidence and is not … the case here, there is insufficient data permitting a determination of a chemical specific RSC, the EPA permits use … the most stringent, because it protects infants and young children who are susceptible to the adverse health effects …
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njcourts.gov
… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 469 … that she was unconscious or asleep. You will make that determination." Additionally, during the final charge, the … consecutive sentences although "the only factor that support[ed] consecutive sentences [was] the presence of …
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njcourts.gov
… Bryant. Both parties used portions of the footage to support their theories in the case. B. Following the close … "[t]he plain error standard requires a twofold determination: (1) whether there was error; and (2) whether …
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njcourts.gov
… ___ N.J. ___, ___ (2023) (slip op. at 20). In making that determination, we consider: (1) whether the agency's decision … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … and services on a 24-hour basis to Medicaid beneficiaries (children and adults) who, due to medical disorders, …
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njcourts.gov
… the” substance of the patient safety committee’s determination about an adverse event in determining whether … shielding a health care facility’s deliberations and determinations from discovery or admission into evidence.” … decision denies them access to that information. NJAJ supports plaintiffs’ positions and contends that defendants …
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njcourts.gov
… 246, 268 (2021). Today’s opinion does not affect that determination. 15 We granted defendant’s petition for … Defender, NJAJ, ACDL, and the Innocence Project and ACLU support defendant’s position. In general, they submit that …
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njcourts.gov
… his constitutional right to testify. Amici curiae all support defendant. The ACDL argues that the trial court’s …
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njcourts.gov
… is based on an inference or deduction drawn from or supported by other facts in evidence, or from the officer’s …
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njcourts.gov
… all the facts and providing all applicable evidence to support the taxpayer’s claim, must be submitted in order to … other than a delegation to Taxation for a discretionary determination in this regard. What is problematic, per LTC, is … its decision on constitutional considerations, such legal determinations do not receive even a presumption of …
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njcourts.gov
… Complaint and 7 However, under its preliminary statement in support of its motion for summary judgment, the Board … a motion for summary judgment under R. 4:46-2, the determination whether there exists a genuine issue with … judgment. 15 “need for an equalization table and for a determination of the ratio of assessment to true value for …
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njcourts.gov
… string of messages online, targeting Plaintiff not only to support their arbitration defense but also to cause … documents are exempt from disclosure much less made a determination that no such exemptions 18 government can assert …
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njcourts.gov
… for reversal 'unless allegations . . . are completely unsupported by the evidence and there is a showing of … and mitigating factors applied by the trial court are not supported by the evidence, or applying the guidelines …
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njcourts.gov
… time as substantial. . . . [T]here must be a modicum of support for the invoked government interest." E & J …
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njcourts.gov
… Rose, 206 N.J. at 177). As such, "[t]he threshold determination under Rule 404(b) is whether the evidence … and reasonably close in time to the offense charged; (3) supported by clear and convincing evidence; and (4) its … with five years subject to NERA. We review sentencing determinations under a deferential standard. State v. Grate, …
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njcourts.gov
… to talk about money. He wanted Calderon there for "moral support," fearing that the victim "was going to do something … threatened by Calderon's repeated references to women and children in general. He watched as Calderon walked outside … Ordinarily we review a trial court's evidentiary determinations with 28 A-4457-16T2 substantial deference. …