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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 …
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… 12 A-0991-20 A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … N.J. 114, 125-26 (2007). Post-crime consciousness of guilt supports "a logical connection 14 A-0991-20 to a desired … of a consciousness of guilt[,]" but need not "unequivocally support a reasonable inference" of the defendant's guilt. …
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… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991). … whether the facts and circumstances shown by the evidence support any inference, and you are always free to accept or … court found nothing in the totality of the circumstances to support defendant's claim that she was too intimidated to …
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… the circumstances surrounding the video in making that determination. Defendant raises the following points on … and not by the fact that police have probable cause to support an application for such a warrant." State v. Cotto, … how to treat the video evidence and left the ultimate determination of the facts and credibility of the evidence to …
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… discovery from the State over the State's objection. In a supporting certification, defense counsel stated defendant … to recommending that he enter into a plea agreement." In support, defendant submitted a draft report authored by … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a …
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… been vacated under Rule 4:50-1(a). "The trial court's determination under [Rule 4:50-1] warrants substantial … delay, bad faith is established by showing no valid reasons supported the delay. In either case (denial or delay), … the insurer's agents to kill the insured and the insured's children . . . ." [Endo Surgi Center, 391 N.J. Super. at 595 …
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… record. The parties were married in August 1996 and had no children. On April 10, 2015, plaintiff filed a complaint for … Defendant disputes the whole notion of forgery as unsupported by any evidence. Significantly, defendant 7 … particular points that work most significantly in our determination that none of plaintiff's arguments have merit. …
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… (driving while intoxicated) case for lack of foundational support, and the State did not move for leave to appeal that … a stranger to the locality, the opportunity to seek a redetermination by a court at a higher level without the risk of … that even if it could consider the Alcotest evidence supporting a per se DWI offense, DeBonis prevented it from …
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… he did not formally seek to compel further discovery. In support of its summary judgment motion, National Union … we will not engage in a strained construction to support the imposition of liability or write a better policy … Indus., supra, 112 N.J. at 39 (remanding for a factual determination whether the insured, through its broker, …
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… procedure because "there was no A-2781-15T3 8 literature to support the use of the saline lift technique with an [APC]." … or disprove any fact of consequence A-2781-15T3 10 to the determination of the action." N.J.R.E. 401. Relevant evidence … of the risk for perforation had no bearing on this determination. Indeed, although negligent treatment and …
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… in March 2004 after a ten-year marriage. Of their three children, one is emancipated, one is in college and one is a … since its entry nearly twelve years earlier in 2004. In her supporting certification, defendant alleged the FRO should … 394, 413 (1998)). We are mindful of the deference owed to determinations made by family judges who hear domestic …
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… non-hearsay statements. The premise, however, is not supported by the record. Cardenas did not deny that … hearsay] declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for … exclusionary rule. . . . The Rule permits impeachment or support of a declarant's credibility as if the declarant had …