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… farm opportunities, birthday parties, receptions, children's farm camp," and pick-your-own events. Alstede … seasonal and part time workers ." Asdal claims, with the support of arial photos in the record, that the farm has … with the Stormwater Management Rules. Once that determination has been made and provided to 6 A-0229-21 the …
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… with plaintiff's contentions and conclude there is no support for plaintiff's claim that her future medical costs … from the No-Fault Act to UCJF PIP claims). Thus, we find no support in the law for plaintiff's contention that N.J.S.A. … her PIP benefits. We therefore disagree with the court's determination that "future surgery expenses are, by nature, …
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… inference that the issuance of a warrant by a judge supports the rendering of a guilty verdict." Ibid. The Court … unwelcome text messages, when there was no evidence to support that assertion. It is improper for the prosecution …
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… extent of plaintiff's alleged injuries and render its own determination as to the etiology of plaintiff's complaints and … a motion to reopen and extend the discovery end date. In support of the motion, plaintiff's attorney certified that … (App. Div. 2007). "Our standard of review is limited to a determination of whether the trial court mistakenly exercised …
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… not distracted by the incoming call on her cell phone. To support her contention that the configuration of the … thereby reducing the risks of a patron falling. The expert supported plaintiff's contention that the hazardous …
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… OF AGGRAVATED MANSLAUGHTER WITHOUT A RATIONAL BASIS TO SUPPORT SAID CHARGE, THEREBY DEPRIVING THE PETITIONER OF HIS … WAS A TACTICAL DECISION WHICH CONTRIBUTED TO REASON FOR SUPPORTING THE TRIAL COURT'S OMISSION TO PROVIDE THE JURY … which witnesses to call at trial is generally a strategic determination within counsel's discretion. State v. Coruzzi, …
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… in N.J.S.A. 34:13A-16(g) and issued a reasonable determination. Teaneck, 353 N.J. Super. at 306. PERC is … in N.J.S.A. 2A:24-8 and -9[,] or (3) the award is not supported by substantial credible evidence in the record as … N.J. 221 (2016). We will similarly uphold an award if it is supported by "substantial credible evidence in the record." …
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… A FAIR TRIAL. 5 A-1144-15T3 II. Our review of a court's determination concerning the suppression of statements made … interrogation is narrow. Where factual findings are "supported by sufficient credible evidence in the record," … Uh huh. [Detective]: Then that's when you would make a determination whether you would want to speak with us or not …
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… add only the following. I. We commence with the judge's determination that some of defendant's claims were … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of … (quoting State v. Chew, 179 N.J. 186, 217 (2004)). To support a claim of ineffective assistance of counsel based …
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… State v. Rhett, 127 N.J. 3, 7 (1992))). The evidence in support of the substantial distance and substantial … soon started following Muniz. Id. at 7. Such evidence could support a finding that defendants exposed Muniz and his two …
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… the cell phone's connection to that tower is sufficient to support the call. A cell phone can communicate with a tower … test data renders an expert's opinion on signal strength unsupported); United States v. Sepulveda, 115 F.3d 882, 891 … the expert's testimony lacked precision and thus did not support the particular premise at issue). This court has …
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… and borderline traits." He "f[ound no] evidence that would support the defense of diminished capacity." By all … testimony is being offered for the purpose of aiding your determination of: (1) the reasonableness of [defendant]'s use … wa]s being offered for the sole purpose of aiding [their] determination of the issues of self-defense and …
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… fee but did not apply for, or submit materials in support of, an enhanced fee under Rule 1:21-7(f). Plaintiff … the settlement with the defendant, there was an apparent determination not to seek counsel fee-shifting against the … in the rule provides guidance as to the reasonableness determination of such an agreement. Here, nothing has been …
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… We disagree. We review a trial court's evidentiary determinations for an abuse of discretion. State v. Buda, 195 … conviction occurred in 2003. 12 A-2210-18 In making this determination, pursuant to N.J.R.E. 609(b)(2), the judge "may … warrant for aggravated assault. We again disagree. In supporting his position, defendant cites to State v. Cain, …
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… In our review, we "accept[] as true all the evidence which supports the position of the party defending against the … on February 19, 2019, he filed another motion seeking a determination that the documents were admissible as learned … Levin appear at trial so the trial judge could make a determination at a Rule 104 hearing as to whether the …
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… the deposition was needed to produce an expert report was unsupported by competent evidence from the expert himself. … Consequently, we owe no deference to the trial court's determination. Manalapan Realty, L.P. v. Twp. Comm. of … to save lives [airbags] create a lethal hazard to young children and other small persons sitting too close to the …
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… objections to the alleged damages. The court detailed its determination as to which M&A fees and costs it deemed … between the breach 14 A-1416-20 of the lease and its determination of the damages. Nicoletta asserts a damage award … point to any statute, court rule, or contractual provision supporting the award of those fees, see Litton Indus., Inc. …
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… in our prior opinion, we reversed the trial court's determination to grant class certification, and accordingly … we note that plaintiff fails to cite a single case to support her apparent argument that a CFA claim may be proven … where plaintiffs failed to "present any expert evidence to support an inference of loss in value"). 23 A-5391-18T1 A …
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… of material fact under the statute. This conclusion is supported by Goodwin. There, the Court found that N.J.S.A. … "the evidence relied 25 A-2520-17T4 upon by the State to support the . . . convictions was identical[,] [m]erger is …
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… outside the record[.]" We agree with the PCR judge's determination that this claim was procedurally barred under … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …