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njcourts.gov
… judge would be unable to reach an informed reliability determination at the Frye hearing as part of his gatekeeping … Id. at 594, 597. A-4207-19T4 7 source code and supporting software development and related … to the judge's threshold gatekeeping reliability determination of whether the science underlying the proposed …
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njcourts.gov
… Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support of that request, defendant attached character … other cases mentioned] in the trial court's original determination." Pursuant to our order, the trial court … the permitted 'prosecutorial influence on the sentencing determination'." Id. at 148 (quoting State v. Todd, 238 N.J. …
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njcourts.gov
… hours during which treatment was delayed would not support a verdict in excess of the $30,000 already paid to … tortfeasors, is a vestige of the common law and has no support in our current jurisprudence. We therefore reverse … caused by the successive tort that matters. We find no support for the Medical Defendants' general proposition that …
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njcourts.gov
… the Division's investigation, defendant and his wife made unsupported claims Farghaly, who is unmarried and has no children, asked defendant if her husband or male companion, … of Farghaly and Elashkar was central to the jury's determination, the introduction of highly prejudicial evidence …
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njcourts.gov
… 92 N.J. at 400. Defendant mistakenly cites Mirza to support its contention that a commercial landowner's duty to … foreseeable harm to others." Ibid. Finally, Qian, does not support defendant's position. Like Mirza, Qian did not … not bound by those decisions, but they provide additional support for our holding. The opinions rejecting a …
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njcourts.gov
… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … to prove or disprove any fact of consequence to the determination of the action." Here, the testimony that the … Defendant relies on a line of out-of-state cases as support for his contention that police testimony about a …
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njcourts.gov
… at a youth correctional facility due to his age and family support. The State's brief indicates that defendant is … We believe the trial court's findings of fact and law are supported by credible evidence in the record and we have no … the questions of a defendant may be material in making a determination as to whether defendant has been subjected to …
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njcourts.gov
… area surrounding the intersection also included an early childhood development center and Camden High School. … he was familiar with the area. He stated he knew two children were riding on their bikes because when Sarson was … the person shown. But additional evidence in the record supports the judge's decision that defendant's confession …
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njcourts.gov
… and "warned later," invalidating his Miranda waiver. He supports this argument by highlighting that the same … he was 22 A-4408-18 confronted with an implied threat his children would be removed from his care and he was not … N.J. 22, 47 (2019). This deference extends to a court's determinations based not only on live testimony but also when …
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njcourts.gov
… of liability and sought reformation of the Guaranty. In support of its cross-motion, plaintiff submitted a … "An appellate court reviews de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … in the record, and we see no reason to disturb his determination. VIII. Next, defendants contend that Judge Booth …
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njcourts.gov
… that dicta in State v. Twiggs, 233 N.J. 513 (2018), supports his statutory interpretation of “in possession,” … on a purely legal question, however, we review that determination de novo.” Ibid. Particularly in the … physical evidence of a crime.” Id. at 521. Although that determination is not relevant to the circumstances of this …
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njcourts.gov
… of prong two and make additional findings of fact that support a determination that the prong has been satisfied, or not, in … is gender neutral. See N.J.S.A. 2C:14-2. 16 III. Our determination of the appropriate standard in assessing whether …
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njcourts.gov
… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …
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njcourts.gov
… is an important factor to be considered in the determination of apportionment. Otherwise, the Court affirms … presented neither evidence nor argument during trial to support 4 Although the court addressed the merits of … the safety and lives of people, old and young, women and children, locked up . . . in the coach or rail-car, …
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njcourts.gov
… Division’s judgment, which affirmed the liability determination but remanded for a new damages trial. 3 We now … and plaintiff did not cross-petition to challenge that determination. 12 development of securities law in New Jersey … substance and cites McCann v. Biss, 65 N.J. 301 (1974), as supporting that proposition. Plaintiff grounds his …
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njcourts.gov
… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …
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njcourts.gov
… damages. The New Jersey State Bar Association fully supports defendants’ position that the TCA applies to claims … plain language of the statute, we note that extrinsic aids support our conclusion. The California Tort Claims Act, on … We find his reliance on Ayers unsound and his argument in support of a new category of damages in legal malpractice …
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njcourts.gov
… a sufficient basis from which the jury could infer it supported the State’s case against defendant.” In light of … created through reference to the anonymous woman. In support of defendant’s position, the Public Defender adds … Gannon, when she heard screams from upstairs where her twin children were sleeping. 182 N.J. at 343. An intruder sucking …
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njcourts.gov
… 803(c)(6). (pp. 28-31) 6. The summary judgment record fully supports the determination that Investors had the right to enforce the Note … of rights that gave rise to this appeal. 2. To make that determination, we look to N.J.S.A. 12A:3-309’s legislative …
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njcourts.gov
… and the Appellate Division affirmed. We agree with those determinations and affirm the Appellate Division judgment in … 5 The plain language of the deemer statute does not support the interpretation being advanced; in fact, … coverage of $15,000/$30,000. NJAJ offers two arguments in support of AAA’s position. First, it points to the first …