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njcourts.gov
… However, defendant did not call a forensic pathologist to support this theory of causation. Furthermore, the record … Parker, 124 N.J. at 639). Without a reasonable basis to support a claim of confusion, the jury is presumed to have … and other matters that did not result in a conviction to support finding aggravated factor N.J.S.A. 2C:44-1(a)(6); …
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njcourts.gov
… warrant was issued without probable cause because the supporting affidavit was based solely on P.K.'s statement to … Ultimately, the court reiterated its earlier determination that the validity of the warrant was the law of … to pay substantial deference to the [issuing] judge's determination." State v. Dispoto, 383 N.J. Super. 205, 216 …
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njcourts.gov
… . . . if a defendant has presented a prima facie [case] in support of post-conviction relief.'" Id. at 158 (alteration … or discover potentially exculpatory evidence, the determination whether the error "prejudiced" the defendant by … limited[,]" to been the sole basis for the court's determination. However, as the judge pointed out "not only did …
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njcourts.gov
… measures, generously sustain that decision, provided it is supported by credible evidence in the record. [Id. at … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … further argued the report did not include authoritative support and only referred "generally to authorities of …
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njcourts.gov
… to remain silent, referred to information that was not supported by evidence, and appealed to the jury's 16 … not directed at defendant's silence; they were directed at supporting the credibility of Love. "The prosecutor may … for the witness or refer to matters outside the record as support for the witness' credibility." State v. Waldon, 370 …
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njcourts.gov
… (quoting State v. Melvin, 65 N.J. 1, 18-19 (1974)). Those determinations "must be evaluated in light of the overall … the witness[es] or refer to matters outside the record as support for the witness[es]' credibility." See State v. … for a number of reasons, and we hold the evidence supported a jury finding of aggravated manslaughter within …
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njcourts.gov
… 361 (2004)). Defendant acknowledges Palmiotto's testimony supports the jury's verdict that he "used forced to commit … that he did not use force to effectuate the theft." To support his argument, defendant now claims the jury could … Defendant's contentions are unavailing. Sentencing determinations are reviewed on appeal with a highly …
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njcourts.gov
… PCR petition. I. We note at the outset that our determination of defendant's PCR appeal is somewhat … to reside in the United States with his wife and two children. On November 21, 2022, the PCR court denied the … when: (1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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njcourts.gov
… juncture. 11 A-1036-22 We agree with Judge Ravin's well-supported conclusion that defendant's appellate counsel was … sh[*]t. [Emphasis added.] We agree with Judge Ravin's determination that this exchange does not constitute … this argument further. We see no error in Judge Ravin's determination that defendant has not established a prima facie …
njcourts.gov
… surveillance. These controlled buys were detailed in the supporting affidavit to search defendant's home and his … of [their] identity is essential to assure a fair determination of the issues." N.J.R.E. 516. In assessing … show the informant's testimony was necessary for a fair determination of the issues and "could advance nothing more …
njcourts.gov
… waived when the party failed to include any arguments supporting the contention in its brief); Pressler & … and Intelligently Waive His Miranda Rights and Provide Supporting Documentation As Well As Expert Testimony. ii) It … defendant submitted records related to his eligibility determination for an individual education program (IEP). These …
njcourts.gov
… "would be restored and become operable if . . . a determination is made by the Township to operate a … arbitration, petitioner sought to introduce testimony in support of its assertion in the grievance that the Township … thrust and intent of the PERC Rules. This conclusion is supported by reference to N.J.R.E. 408 "Settlement Offers …
njcourts.gov
… IN [A] TRANSITIONAL PROGRAM DID NOT REPRESENT EVIDENCE TO SUPPORT DENIAL OF PAROLE AND/OR A 120[-]MONTH[] F.E.T. POINT … State Prison, 81 N.J. 571, 579–80 (1980)). In making that determination, we examine: (1) whether the agency's action … the likelihood of criminal behavior." In making that determination, the Board must consider the same non-exhaustive …
njcourts.gov
… several police reports and the search warrant affidavit supporting the warrant issued in this matter.3 The charges … evidentiary hearing on a suppression motion, based on a determination – made after a review of the parties' briefs – … side-by-side the parties' allegations." Ibid. The determination of whether facts in dispute also presents issues …
njcourts.gov
… addition to finding the factual allegations insufficient to support the causes of action, the court held qualified … 739, 746 (1989)). "[I]f the complaint states no claim that supports relief, and discovery will not give rise to such a … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,' if …
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… to the municipal court judge's flawed credibility determinations; (2) the municipal court judge failed to … Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … defendant's claims that there was insufficient evidence to support the finding that Koda is a potentially dangerous …
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… produce direct or circumstantial evidence that justifies or supports an inference of the employer's negligence. Stevens … After our de novo review, we part ways with the court's determination that plaintiff failed to produce sufficient … is devoid of "enough [evidence] to justify a jury's determination that [defendant's] negligence had played any …
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… future protection. Because the judge's findings were supported by adequate, substantial evidence, including … the record. The parties were never married and share two children who were one- and three-years old at the time the … Super. at 428. We defer to a trial judge's credibility determinations. Gnall, 222 N.J. at 428. We review de novo a …
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… defendant is entitled to an instruction on a lesser offense supported by the evidence regardless of whether that charge … to observe, without any scientific or similarly skilled determination. Id. at 294. It therefore adopted the rationale … were a "class match," leaving to the jury the ultimate determination. Reversed and remanded for a new trial. We do …
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… 5 A-2068-16T2 the State conceded, there was no evidence to support a conspiracy between Bartley and defendant with the … the jurors to consider all the evidence and to base their determination on same. We assume the jury followed the … wore buttons with a picture of Austin and his infant children and others wore golf shirts indicating a law 15 …