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… thought that if he did, he would be dead the next day. In support of the State's case against Adams, a cellular … issue of guilt. We shall not disturb the trial court's determinations that Detective Scoppa, based on his years as an … other grounds, 79 N.J. 251 (1979). In Jenkins, a juror had children the defendant's age. She said, "I just can't make a …
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… home, where he resided with his fiancée and his four children, resulting in the seizure of contraband consisting … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … the witness' testimony or by shedding light on the determination of a disputed factual issue." Id. at 457-59. The …
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… "was on top of his dying wife when he was scratched" was supported by that doctor's report. Defendant further … response, Mazza explained that he was instructed on those determinations as part of his domestic violence training. … scratches on my client's face that . . . led you to the determination they were defensive wounds?" The State objected …
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… of new law; (3) the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable … or discovery indicates insufficient evidentiary support[.] [R. 1:4-8(a) (emphasis added).] The circumstances …
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… v. Henderson, 208 N.J. 208, 288 (2011). Further, the determination can only be reached so as to require the … the judge determined that "almost all the variables that support defendant's motion are estimator variables." Judge … if there is sufficient credible evidence in the record to support the findings." Ibid. The trial court's findings are …
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… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (App. Div. 1997). The trial court must make a preliminary determination of whether there is independent proof of the … independent of the text messages supporting the judge's determination that a conspiracy existed and defendant …
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… Medical Center, Simon Wiesenthal Center, Jewish Family and Children's Service of Greater Monmouth County, and B'nai … and accord "no special deference" to the judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union … write the May 2013 Trust. Rather, they argued the facts supported in accordance with the formal requirements of the …
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… motion, arguing the victim's history of domestic violence supported his claim of defense of others, namely, Tylka. The … head into the concrete. The hostess turned and pushed her children back into the house. She, too, retreated inside the … OF FACTOR 8 (CIRCUMSTANCES UNLIKELY TO RECUR) AND UNSUPPORTED FINDING OF AGGRAVATING FACTOR 6 (EXTENT OF …
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… 212 N.J. at 49. By comparison, "with respect to legal determinations or conclusions reached on the basis of the … questions of law and fact, we give deference only to the "supported factual findings" of the trial court, "but review … we give due deference to the trial court, including its determination that the detectives who testified at the …
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… on all charges. The court found the hindering charge was supported by defendant's concealment of the cocaine in his … evidence in violation of N.J.S.A. 2C:28-6. The evidence supporting the conviction showed the defendant discarded … facility, N.J.S.A. 2C:35-7.1.7 Defendant contends a determination of guilt under N.J.S.A. 2C:35- 7.1 requires a …
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… relative to the amount of boric acid, this would have supported defendants' argument that S-65 was a "sample … N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1), the determination of whether a defendant possessed cocaine "in a … relied upon those facts in formulating her opinions. In support of his argument that the judge erred by allowing …
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… They could have picked out any test they wanted to that supported their arguments, that showed what this was all … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In making this determination, the trial judge "should focus on the logical …
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… while leaving Impact and its shareholders in the lurch." Supported by "the behind the scenes urging" of Salgado and … for all [members] of Impact[.]" We affirm the judge's determination that Mark lacked standing to bring a direct … Fraud Claim Plaintiffs assert they pled sufficient facts to support a claim for common law fraud against the XTech …
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… that none of the Miller factors outweighed the reasons that supported life imprisonment. In recognition of certain … offense was part of Defendant's plan to get revenge was unsupported by evidence and contrary to facts that are not in … could be expanded for good cause. N.J.S.A. 2A:4A-26(d). In support of such a motion, the State had to establish …
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… 8 A-4953-17T1 he was resuscitated by advanced cardiac life support. During that time, Aviv was deprived of oxygen. He … the objection, finding it was improper as it lacked the support of expert testimony. He described the proffered … their request for a ruling that the facts here did not support a Scafidi charge. Thereafter, counsel and the court …
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… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
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… be delivered to the jury only when there is 'obvious record support for such [a] charge. . . .'" Ibid. (second … 119, 137 (App. Div. 2000). Our review "is limited to a determination of 'whether the findings made by the trial court … may review and modify a sentence "only when the court's determination was 'clearly mistaken.'" State v. Jabbour, 118 …
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… are entitled to deference on appeal so long as they are supported by sufficient credible evidence in the record. … issue here, damages, until the court in Canada made its determination on unrelated issues. The core issues in this … v. Sharp Elecs. Corp., 116 N.J. 739, 751-52 (1989). A determination of whether given conduct is improper pursuant to …
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… 107 N.J. 416, 426 (1987), Here, the record provided ample support for the court to conclude that PACA's fraud claims … in timely prosecuting claims). As a result, the record supported the court's conclusion that the statute of … with significant water infiltration. Moreover, the record supports the court's conclusion that the Feldman defendants …
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… The court concluded the Board's findings were well-supported by the record, and its decision conformed with the … "[T]he role of a judge in reviewing a local variance determination is solely to ascertain whether the action of the … interpretation of a zoning ordinance is purely a legal determination, and the determination of a zoning board on the …