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njcourts.gov
… CO[]DEFENDANT'S STATEMENT TO POLICE REMAINED VITAL TO THE DETERMINATION OF DEFENDANT'S [PCR] PETITION. POINT III THE … hearing when he "has presented a prima facie [case] in support of [PCR]," meaning that a defendant must demonstrate …
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njcourts.gov
… 607, which states that: (a) For the purpose of attacking or supporting the credibility of a witness, any party including …
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njcourts.gov
… by Locurto, 157 N.J. at 470-71, we defer to the factual determination of the trial court that Stevens asked defendant … view. Accordingly, we discern no error in the judge's determination. We reject defendant's argument that the State … that under the circumstances of this case, the record supports the conclusion here. Defendant's other arguments …
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njcourts.gov
… 1, following R. 3:28 at 1289 (2018).2 Thus, a PTI determination requires an "individualized assessment of the … his steady employment as reasons for admission into PTI. In support of factor five, defendant explained, "[he] is a …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … a copy of the expert's report or statement of opinion with supporting facts and reasons. Defendant asserts that "[t]he …
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njcourts.gov
… is received within the [forty-five-day] period, the determination of the Board shall be final." The forty-five-day … a forty-five-day time period to appeal from a Board determination, and, in accordance with the regulation, the May … capricious, or unreasonable, or that it lacks fair support in the record.'" Russo v. Bd. of Trs., Police & …
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njcourts.gov
… called the ABC, but confirmed he did not have proof to support this claim. During Mahanney's deposition, he … accord R. 4:46-2(c). On appeal, plaintiffs argue that the determination of the NJCRA claim depended upon whether …
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njcourts.gov
… “Plaintiff”) complaint, appealing the Township’s determination that property owned by Plaintiff in the Township … 15D (Exempt). The Tax Assessor for the Township made the determination in or around January 2019 that the subject … the Township’s failure to adequately update its records. In support of their argument, Plaintiff cites New Concepts for …
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njcourts.gov
… presented no expert testimony, or other evidence, to support this position. Plaintiff did suggest that properties … evidence…must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. Ibid. The court acknowledges …
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njcourts.gov
… v. Maldonado, 216 N.J. 168, 182 (2013). "'Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that the trial court's decision constitutes a legal determination, we review it de novo." Ibid. III. The trial …
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njcourts.gov
… to interrogatories and the certification he filed in support of the motion for summary judgment, Lynch said he … stated: [Russo's affidavit] contains nothing more than unsupported allegations that [] Lynch orchestrated a …
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njcourts.gov
… challenge to prove a race- or ethnicity-neutral basis supporting the peremptory challenge. In gauging whether the …
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njcourts.gov
… her faculties. Moreover, the judge further noted that the determination of liability is guided by a weighing and … of decisions which he determined were pertinent to his determination. At the conclusion of his analysis, the judge … doorway at issue here. Even inferentially, the record lacks support that the defective condition was patent to a …
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njcourts.gov
… In Mauro, the expert testified to statistics and data to support his findings of the plaintiff's enhanced medical … 1:8-3. As such, we accord deference to the trial court's determination under the abuse of discretion standard. Roman, … We discern no abuse of discretion in the judge's determination. Affirmed. … a3956-15.pdf … A-3956-15T3 …
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njcourts.gov
… defendant broke into an apartment where two women and two children were present. Threatening the women with a knife, … other victim. Thereafter, defendant killed the two young children by smothering them with a pillow. The second woman … hearing if he or she establishes a prima facie case in support of PCR. Moreover, there must be "material issues of …
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njcourts.gov
… under the Act of the defendants' religious works. The determination that a party is a "beneficiary" of an entity’s … or recklessness). We are satisfied the record does not support a finding of gross negligence by defendants that …
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njcourts.gov
… alleged unclean hands; (10) defendants offered no facts in support of their claim plaintiff failed to mitigate damages; … order as a matter of law." R. 4:46-2(c). When making this determination, the court must examine "whether the competent … Div. 1998)). We afford no special deference to legal determinations of the trial court. Templo Fuente, 224 N.J. at …
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njcourts.gov
… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Id. at 431 (citing Kearny PBA …
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njcourts.gov
… 5 A-0408-19 filed a petition for post-conviction relief supported by two certifications, the first on October 22, …
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njcourts.gov
… pre-trial motions. Therefore, any challenge to those determinations is deemed waived. See Drinker Biddle & Reath … are convinced there is sufficient evidence in the record to support the judge's findings and his conclusion that …