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njcourts.gov
… resides there with his "significant-other," five young children, and a young adult who suffers from "bipolar … sale. Under his father's name, he filed a "Certification in Support of Motion," which referenced a motion to vacate …
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njcourts.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
… valid, we defer to its judgment "so long as its decision is supported by the record and is not so arbitrary, … That section of the Rule, however, applies to "a determination of a planning board or board of adjustment , or …
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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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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
… 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
… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
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njcourts.gov
… decision. 8 A-2583-16T4 We review a summary judgment determination de novo, applying the same standard as the trial … 140 N.J. 366, 378 (1995)). A trial court reviewing a determination by a board is required to give deference to the … Corporation v. Planning Board of Township of Clinton in support of her argument is misplaced. In Brower, we held a …
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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
… holding: Rule 607 permits, "for the purpose of impairing or supporting the credibility of a witness, any party including …
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njcourts.gov
… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
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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
… 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 …
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njcourts.gov
… Legislature later explicitly delegated pension forfeiture determinations pursuant to N.J.S.A. 43:1-3.1 to the judiciary. … was obligated to enter a forfeiture order upon its legal determination that Ortmann was convicted of a substantially … will survive a due process challenge so long as it is supported by a rational basis. Ibid. Although public …
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njcourts.gov
… Cape May County Prosecutor's Office, provided the affidavit supporting the warrant application. Because a judge … 462 U.S. at 238). Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
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njcourts.gov
… defer to the trial court's factual findings when they are 'supported by adequate, substantial and credible evidence.'" … the report to be abandoned. VI. In summary, we affirm the determination by the trial court that the report is exempt …
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njcourts.gov
… major or most important duty that the employee performs. Determination of an employee's primary duty must be based on … meet the primary duty requirement if the other factors support such a conclusion. (c) Thus, for example, assistant …
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njcourts.gov
… commission on other forms of consideration, but did not. In support of its conclusion that capital improvements should …
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njcourts.gov
… review of the parties' submissions, and the trial court's determinations thus far in connection with the award of this … took effect, the judge also found it was difficult to support the position that the City acted arbitrarily or …
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njcourts.gov
… Complaint has not specifically plead any facts to support a claim that her emotional distress is significant …