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… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … to the error—no matter how inescapable the findings to support that verdict might be. Viewing the record as a … of McCausland was a significant factor in the jury's determination of guilt. As such we cannot announce it was …
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… the defendants to conduct research and make subjective determinations in order to comply. I. We glean the salient … identify a particular government record(s) sought." To support its denial, defendants cited to MAG Ent., LLC v. … under OPRA. Plaintiff filed a notice of appeal. II. Determinations "about the applicability of OPRA and its …
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… right to a speedy trial and there is no precedent to support a consideration of the statute of limitations in the … to a speedy trial, such failure will weigh against a determination that the right has been violated. See May, 362 … his failure to assert the right weighed "against any determination that the right was violated"). Defendants did …
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… of issuing a single opinion, are from three final agency determinations by the Government Records Council (GRC) dated … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … W. Milford, 410 N.J. Super. 371, 379 (App Div. 2009). "[D]eterminations about the applicability of OPRA and its …
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… 2014 harmless and reject any suggestion that his testimony supported an inference by jurors that defendant had been … The Court specifically held "that where a timely, properly supported midtrial motion to poll the jury concerning … to himself or his dependents," because defendant had three children and a fiancé who relied on him and would suffer …
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… underlying its decision, "so long as those findings are supported by sufficient credible evidence in the record." … 192 N.J. 224, 243 (2007)). We defer to the credibility determinations of the trial court, particularly its review of competing factual testimony, because these factual determinations "are substantially influenced by [the trial …
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… 2018. The court stated that following submission of further supporting and opposing papers, the case would be scheduled … arbitrary or there is a lack of substantial evidence to support them." Glenpointe Assocs. 241 N.J. Super. at 46 … and dismissed the tax appeal complaint. The record fully supports these findings and conclusions. We discern no error …
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… consciousness. Compton's family removed him from life support, and he died. After Compton was taken to the … 18 A-1627-18T4 D. The Sentence We review sentencing determinations under a deferential standard. State v. Grate, … the sentencing record, we find no error in the court's determinations of the aggravating and mitigating factors …
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… Realty moved for dismissal pursuant to Rule 4:6-2(e). In support, Fox certified that American Realty "had no notice … moved for reconsideration pursuant to Rule 4:49-2. In support, plaintiff's counsel certified that there were "two … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… to the trial court's factual findings so long as they are "supported by sufficient credible evidence in the record." … on the evidence and to drawing any reasonable inferences supported by the proofs." State v. Dixon, 125 N.J. 223, 259 … on the evidence and to drawing any reasonable inferences supported by the proofs"). Although we believe the …
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… After seeing the weapon, the witness grabbed the two children who were with her and ran, hiding behind a car. … behavior established "a rational basis in the record to support the definition of reckless." The trial court … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
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… THE DEFENDANT OF HIS RIGHT TO A FAIR TRIAL. A. Redmond’s Determination That Irwin Sustained a Gunshot Wound Related To … THE TRIAL COURT FAILED TO FIND MITIGATING FACTORS AMPLY SUPPORTED BY THE RECORD. POINT X. THE MATTER MUST BE … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
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… affirm. At trial, the jury considered evidence proffered in support of the parties' varied theories on the cause of the … and invited the jury to speculate, without evidential support, defendant was racing; improperly urged the jury to … of defendant's initial statement to police.9 That statement supported the State's contention that defendant was …
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… of aggravating factors three, six, and nine were amply supported by the record. Defendant had four prior indictable … from committing the crime of murder. The record also fully supports the judge's finding of no mitigating factors. The … defendant's claim that he acted in self-defense. The record supports the judge's conclusion that defendant did not act …
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… disregard for the truth,' and those allegations must be supported by an offer of proof." Ibid. (quoting Franks, 438 … where it found that "ample information was provided to support the probable cause finding and the issuance of the … We disagree. "Appellate courts review sentencing determinations in accordance with a deferential standard." …
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… findings of material facts on the record, which were supported by documents 13 A-0930-19 that revealed the … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … oral decisions. Judge Porto's findings of fact are amply supported by the record, and his legal conclusions are …
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… sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser- included charge must "jump[] off the … against her during the offense. To be sure, the record also supported the instruction the judge gave to the jury on the … assault by pointing a gun at Soto. The evidence in support of the lesser-included offense of conspiracy to …
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… as the continuity and stability of employment criterion supported "the maximum allowable award under the 2% cap," … of the 2% hard cap formula over a three- year term supports the following Award: 2018-0% salary increase, full … how the statutory criteria factored into my final determination. 7. I have also calculated the net, annual …
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… RECORD, AND BECAUSE IT DID NOT PROPERLY CONSIDER EVIDENCE SUPPORTING MITIGATING FACTORS TWO, FOUR, AND SIX. As noted … Id. at 195. Specifically, this court found the "determination of the degree of the crime" to be an "essential … the trial court at the suppression hearing, including its determination that the testifying officer, Detective Hudson, …
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… potential and the fact that SSDI benefits would help support Jerry. Sam submitted an opposing certification. … directing that all of her counsel fees be paid by Sam. In support of his argument, counsel relied on Yueh v. Yueh, 329 … disrupted co-parenting efforts; (2) the Family Part determination that Dana had interfered with Sam's parenting …