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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… (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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njcourts.gov
… by the trial judge are considered binding on appeal when supported by adequate, substantial, and credible evidence." … to reveal "adequate, substantial and credible evidence" to support these conclusions. Rova Farms, 65 N.J. at 484. Moreover, the judge failed to support his conclusions with "facts and . . . conclusions of …
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#01-14
Administrative Directives
njcourts.gov
… and disposal of records and files of any court or court support office.” The regulation of records by the Court is … (February 6, 2014) Page 9 Guideline #8: File formats must support long-term archiving and ensure the ability to … and reproduce them. Guideline #9: Compression methods must support long-term archiving and ensure the ability to …
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njcourts.gov
… — plaintiff filed a motion to reinstate the complaint. In a supporting certification she recounted, for the most part, … forum are required to be "construed to secure a just determination, simplicity in procedure, fairness in … or suppression with prejudice. The motion shall be supported by affidavit reciting that the discovery asserted …
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njcourts.gov
… THE TRIAL COURT FAILED TO CONSIDER MITIGATING FACTORS SUPPORTED BY THE EVIDENCE, AND IMPOSED A CONSECUTIVE … sister called Powell at defendant's request, an assertion unsupported by the sister's testimony or any other evidence. … and decline to speculate on the reasons for the jury's determination. The only factual assessment required is to …
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njcourts.gov
… on Atchung Road in Wayne, where they raised their eight children. By 1996, the children had all reached adulthood and left the home. … inquiry is "whether . . . there is substantial evidence in support of the trial judge's findings and conclusions." …
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njcourts.gov
… THAT THERESA MACINAW LACKED WEIGHT AND RELIABILITY WAS UNSUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD. 1 … controlling" weight to the municipal judge's credibility determinations, because the municipal judge had the … for shoplifting. We also agree with Judge DeLury's determination that the decision against waiver reflected no …
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njcourts.gov
… and LRG, or against LRG alone. The court found that any determination of this issue was subject to a piercing the … condominiums, thereby creating a "legacy" for his children and grandchildren. LRG remained inactive until … defendant. And so it's clear to me that the notes are not supportive of the notion that the corporate veil pierced; …
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njcourts.gov
… TO A DRIVING ABSTRACT IS FOR SENTENCING, NOT FOR A DETERMINATION OF GUILT. We have considered these arguments in … 200 N.J. 547 (2009). Moreover, there is no authority to support the municipal court and Law Division judges' … added).] 15 A-0853-15T1 Both judges concluded the evidence supported a conviction for obstruction by "means of any …