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… so divergent," that the issue came down to a credibility determination. The judge stated he "clearly [found] that the … with police. We also find no error with the judge's determination that police properly asked defendants to exit … reliance on the Strip Search Act, N.J.S.A. 2A:161A-1, in support of his contention the search was unlawful, is …
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… CREDIT. Appellate review of a trial court's evidentiary determinations is limited to examining the decision for abuse … anew the record on which the trial court's admissibility determination was based." Ibid. Generally, evidentiary … gathered from the circumstances if the facts 16 A-2501-17T3 support the inference.'" State v. Prall, 231 N.J. 567, 585 …
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… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Furthermore, the … (1) his sister accompanied him to the interview and her children were also being investigated in this case; (2) … of proof is similar to the one that guides a grand jury's determination whether or not to indict. Id. at 205–06. 11 As a …
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… altercations between [defendant] and Bostic in its determination of whether [defendant] was reasonably provoked … N.J. 112 (1991), and State v. Bonano, 59 N.J. 515 (1971) to support his contention that tailoring was warranted, but his … Defendant cites State v. Randolph, 228 N.J. 566 (2017) to support his contention that the flight charge should have …
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… were "mischaracterized as a personal disagreement." To support her claims of retaliation and IIED, plaintiff largely relied on the allegations used to support her hostile work environment claim. With respect to … his wife's personal problems stemming from her difficult childhood; on another occasion, he told her his sister was …
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… OF WHICH PARTICULAR OFFENSE WAS THE SUBJECT OF THE JURY'S DETERMINATION. [U.S. CONSTITUTION, AMENDMENTS V AND XIV; N.J. … his friend with whom he met with after beating the victim supported his request for the charge. He argues that with … the Court described "some of the factors pertinent to the determination of intoxication sufficient to satisfy the test …
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… has not established that his claims of invalidity are supported by settled law, that alteration of the present … to dismiss plaintiff's petition, arguing that it was both unsupported and untimely. On the same day, plaintiff filed an … that the special circumstances of the COVID-19 pandemic supported the Executive Orders modifying customary election …
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… the court improperly held that the law of the case doctrine supported a dismissal with prejudice. We find this argument … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … the record and the complaint supports the trial court's determination. Moreover, Lask's complaint was dismissed …
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… ABOUT INJURIES HE CLAIMED TO HAVE SUSTAINED THAT WERE NEVER SUPPORTED BY EXPERT MEDICAL EVIDENCE VIOLATED THE RULES OF … a trial court's evidentiary rulings and uphold its determinations 'absent . . . an abuse of discretion.'" Scott, … on the day of the concert—July 20, 2018—for the jury's determination if the evidence established her "motive to flee …
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… 2010, Exxon filed a cross-claim against ALMI seeking a determination that it was excused from its obligations to … 443 (2011) (noting that the doctrine finds its 20 A-3011-18 support in our State Constitution and the goal "that all … notice been given." Id. at 530 (quoting Am. Ins. v. Fairchild Indus., Inc., 56 F.3d 435, 440- 41 (2d Cir. 1995)). …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … cards, and mail bearing defendant's name—that support the jury's verdict, but the State argued defendant's …
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… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … matters implicated in the motion, including the reasons in support of the denial, are not precluded." (citing A & P …
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… of any evidence during [t]rial by [d]efendants in support of [d]efendants' [c]ounterclaim for [q]uantum … and in the course of the litigation. It is only the determinations made by the trial judge about plaintiff's … subject of the remand, which may be completed through the determination of a properly filed summary judgment motion or …
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… severely limited the activities he can do with his wife and children. David's wife and brother also testified that … contain any blood and that nothing in the hospital records supported a conclusion of a nerve injury from the lumbar … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… that there was substantial evidence in the record to support the grant of the variance relief and the application … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
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… proofs on damages. It called several medical experts to support its theory that plaintiff was not injured in the … to credibility of the plaintiff and determine from your determination what to accept and what not to accept. The … (2003). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and …
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… abnormalities over and over and over again it just further supports the degenerative nature" of the condition. Dr. … in part, rev'd in part, 30 N.J. 485 (1959). Credibility determinations are to be made by the jury. "The courts of this … (2017). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and …
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… of the temple. That night, the rabbi, his wife, their five children (ranging in ages from seven to fifteen), the … MUST BE REVERSED. POINT II – THE RECORD DOES NOT SUPPORT THE TRIAL COURT'S LEGAL CONCLUSION THAT THE … First, the ATA has various components, including a material support provision that does not require a political …
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… composure and offered reasonable interpretations which were supported by the transcript in evidence." The court found … exclusive." The court also found that the record did not support defendant's argument that he was "mentally … overlap between the factors that govern a court's determination of whether a Miranda waiver is valid and the …
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… at 454, the Supreme Court stated that the broad test for determination of such an application is whether the evidence … telephone conversations, or other trial evidence to support the trial prosecutor's argument in summation that … evidence leads us to conclude that there is insufficient support for the proposition that Berry exercised substantial …