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… evidence, the prosecutor essentially testified, without any support, that the video showed the two vehicles about which … it to confirm witnesses' statements; however, no evidence supported the assertion that it was used to confirm R.S.'s …
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… struggle. [(Emphasis added).] This video recording does not support a definitive identification of defendant as a … motion to sever, he provided the following explanation in support of his ruling: The test for determining whether …
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… 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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… to notify them of the site conditions that led to the determination to excavate the contaminated soil from the … Our scope of review of an administrative agency's final determination is limited." Capital Health Sys. v. N.J. Dep't … the berm would not cause any impact to ground water.10 In support of their contrary allegation, appellants mistakenly …
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… 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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… towel was equivalent to the heaviest bag, a conclusion not supported by the testimony. The chemist tested and weighed … based on speculation——not a clear inference——and is unsupported by our caselaw. Assessing the evidence and the … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; accord N.J.R.E. …
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… RECKLESS MANSLAUGHTER, WHEN THE EVIDENCE BELOW DID NOT SUPPORT OR SUGGEST A CONVICTION UNDER THAT INCLUDED OFFENSE. … Fungone, 134 N.J. Super. 531, 534-36 (App. Div. 1975), in support 15 A-0057-14T2 of his argument that once a jury is … State v. Farrow, 61 N.J. 434, 451 (1972)). Such a determination can only be reached so as to require the …
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… bystanders during theft from . . . other persons" does not support a separate robbery charge for each bystander. State … that there was sufficient circumstantial evidence to support the jury's finding that the codefendants planned to …
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… defects, such as water infiltration or mold, logically support the application of the continuous-trigger doctrine. … attribution analysis would require a defendant-specific determination of when each defendant reasonably could have … the most pivotal aspect of this appeal, namely the determination of when the property damage due to water …
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… to adopt the Redevelopment Plan despite the Board's determination that it was inconsistent with the Master Plan.1 … and capriciously rejected the Planning Board's initial determination. The second count sought the same relief, … planner and the memorandum of the Township Planner supporting its determination[,]" its decision was not …
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… McCann Trainor argued the cause for appellants (Fox Rothschild, LLP, attorneys; Ely Goldin and Corinne McCann … findings concerning jurisdiction if they are 15 A-1893-19 supported by substantial credible evidence. Rippon v. … the plaintiff bears the burden of demonstrating facts that support personal jurisdiction, courts are to assist the …
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… 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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… [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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… 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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… 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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… 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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… 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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… 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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… testified she married Nate in May 1982, and they never had children. Prior to his retirement in 2015, plaintiff and … judge unless . . . convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … When "the trial court's decision constitutes a legal determination, [appellate courts] review it de novo." …
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… 148 N.J. Super. 582, 592 (App. Div. 1977), to 25 A-1234-24 support its arguments. Thus, the State asserts defendant … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … the court found "due process and fundamental fairness support[ed] a finding that [d]efendant should not be …