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njcourts.gov
… IV A RESENTENCING IS NECESSARY BECAUSE THE COURT FAILED TO SUPPORT ITS FINDING OF AGGRAVATING FACTOR ONE WITH COMPETENT … that a defendant's post-charge conduct is admissible if it supports an inference that the conduct "is evidence of …
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njcourts.gov
… search, arguing there was insufficient probable cause to support the issuance of the search warrant and the police … discern no basis to depart from our previously expressed determination in Hudson that the prohibition against the … merger of certain counts or for a statement of reasons to support a consecutive term. Id. at 353. The circumstances of …
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njcourts.gov
… determine whether to include each one, setting forth the determination on the record. Standard 4. Attorney … expected, the attorney members of the Committee were fully supportive. By the same token, the judge members were … supplemental questions proposed by counsel • whether the determinations regarding those supplemental questions were …
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njcourts.gov
… 208 (2011). Chief Justice Rabner's unanimous opinion is supported by social science studies compiled by a Special … Wakefield, 190 N.J. at 437–38. That conclusion is supported by the fact that defense counsel offered no …
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njcourts.gov
… is made of tough fibrous tissue and cartilage. This tissue supports the joints between the end of the forearm bones … claims). We also disagree with the motion judge's determination to reject the opinions of Dr. Arginteanu and Dr. … lacks . . . foundation and consists of bare conclusions unsupported by factual evidence is inadmissible as a net …
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njcourts.gov
… and personnel unless a [judge] concludes that the determination of the public entity was palpably unreasonable. … v. Josey, 83 N.J. 49, 59-60 (1980). These discretionary determinations include decisions such as what roads should be … pothole repairs, Janiec confirmed such repairs were unsupported by work records. 14 A-3436-19 II. The County …
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njcourts.gov
… which she analyzed five "incidents" defendant cited to in support of his argument to disqualify the MCPO and to … decision turns on a legal question, we review that determination de novo, without deference to the trial court's … grand jury's independence and improperly influence[s] its determination.'" Id. at 561 (alterations in original) (quoting …
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njcourts.gov
… second time in August 2013. These specifications further support that the lathes were specialized and complex. Maruka … 2013 letter, refusing to accept the machine. Those facts support the result here. See All the Way Towing, 236 N.J. at …
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njcourts.gov
… [m]unicipal [e]ngineer of the Township . . . shall make a determination with respect [to] such dispute and such determination shall be conclusive and binding upon the parties … exists, a court may consider extrinsic evidence to support the conflicting interpretations. Conway v. 287 Corp. …
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njcourts.gov
… He cited federal and state cases decided after Lehmann to support his argument that inappropriate or offensive … [S]chools are unlike the adult workplace and . . . children may regularly interact in a manner that would be … it was because of plaintiff's gender. To make that determination, the factfinders had to be apprised of the …
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njcourts.gov
… R. 4:40-1. "[I]f, accepting as true all the evidence which supports the position of the party defending against the … ISRA defined a "No further action letter" as: a written determination by the [NJDEP] that, based upon an evaluation of … of "Response action outcome" letter as a written determination by a licensed site remediation professional that …
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njcourts.gov
… ten years without an infraction. The legislative history supports the Court’s construction. The Senate Judiciary Committee Statement indicated the Legislature’s determination that “any” second offense and “any” third … State urges the Court to affirm the Appellate Division determination. It argues that the Legislature did not intend …
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njcourts.gov
… challenging the Board’s decision is not pertinent to the determination here of standing under the MLUL. Nor is it … judgment, and submitted a statement of material facts in support of their motion. They argued, in part, that Cherokee … Board’s approval.” In affirming the Chancery Division’s determination, the panel found that Linden 587 lacked standing …
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A-2165-23 Briefs
Briefs
njcourts.gov
… : Plaintiff-Respondent : DEFENDANT-APPELLANT’S : BRIEF IN SUPPORT OF THE v. : APPEAL FROM A DECISION OF THE : SUPERIOR … whether sufficient credible evidence in the record supports the Law Division’s decision.” State v. Monaco, 444 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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A-29-23 Respondent Brief
Briefs
njcourts.gov
… (quoting Higgins v. Polk, 14 N.J. 490, 493 (1954)). “Such determinations should not be overturned on appeal unless it … oral decision finding exceptional circumstances was supported by sufficient evidence in the record. The judge … color of State law). The above decisions provide ample support to deny Certification as to the non-constitutional …
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A-1744-22 Briefs
Briefs
njcourts.gov
… count, the trial court employed the wrong standard for determination of liability under the statute. The trial court … fund when it comes into existence." Ibid. None of the facts supporting the equitable resolution in Landenheim are … outside of the express terms of the contract. The facts supporting a lien of the “special” nature AMENDEDFILED, …
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A-3778-22 Briefs
Briefs
njcourts.gov
… STARK & STARK ATTORNEYS AT LAW counsel to provide case law supporting Plaintiffs' constitutional violation argument. … STARK & STARK ATTORNEYS AT LAW counsel to provide case law supporting Plaintiffs' constitutional violation argument. …
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A-2066-23 Briefs
Briefs
njcourts.gov
… to prove or disprove any fact of consequence to the determination of the action”. Discovery requests must be … serve any useful purpose and is irrelevant. Plaintiffs, in support of their argument that the subpoena is proper, … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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A-3851-23 Briefs
Briefs
njcourts.gov
… of the movant. The appellant alleged the following facts, supported by competent evidence, and some were admitted … “the Appellate Division construed a commercial property determination in the following way: What we glean from Stewart … Insurance Co. of America, 142 N.J. 520, 523 (1995). The determination of whether a genuine issue of material fact …
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A-3819-23 Briefs
Briefs
njcourts.gov
… August 3, 2023 Letter and Statement of Reasons in Support of the August 3, 2023 Order Partially Granting the … are subject to ADR. (Pa0001). The trial court made this determination: (1) in violation of the Administrative … previously expressed in any official and explicit agency determination, adjudication or rule, or (ii) constitutes a …