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… for reversal 'unless allegations . . . are completely unsupported by the evidence and there is a showing of … and mitigating factors applied by the trial court are not supported by the evidence, or applying the guidelines …
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… time as substantial. . . . [T]here must be a modicum of support for the invoked government interest." E & J …
njcourts.gov
… in Delgado. By then, there was adequate testimony to support the court's decision to admit the independent …
njcourts.gov
… for the judge as to whether there is sufficient evidence to support the defense at all. He argues that, as a result, the …
njcourts.gov
… the Lukoil robbery. After defendant bought medicine for his children at Rite Aid, the two drove to Quick Chek where the … 283 (App. Div.), certif. denied, 101 N.J. 266 (1985) as support for this proposition. From this proposition, the … [of the identification] is the linchpin" in making such a determination. Id. at 293 (citing Manson v. Brathwaite, 432 …
njcourts.gov
… would have restored her to "pre-stroke condition," find no support in the record. The court said nothing in the …
njcourts.gov
… in the record, which properly correlated with the law to support his legal conclusion. "That the case may be a close … which are discussed below. These include the judge's determination not to dismiss juror two (see section C.2. … to determine whether the jury has been tainted. That determination requires the trial court to consider the gravity …
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… with Alzheimer's disease and dementia. She had four children: Brenda, Lyle, Kyle, and Melodie, who is Jennifer's … defendants did not appear; the probate court made a final determination that in September 2007, decedent had diminished … the judge reconsidered and determined the evidence did not support the jury's finding of joint enterprise and 9 R. …
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… Rose, 206 N.J. at 177). As such, "[t]he threshold determination under Rule 404(b) is whether the evidence … and reasonably close in time to the offense charged; (3) supported by clear and convincing evidence; and (4) its … with five years subject to NERA. We review sentencing determinations under a deferential standard. State v. Grate, …
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… to talk about money. He wanted Calderon there for "moral support," fearing that the victim "was going to do something … threatened by Calderon's repeated references to women and children in general. He watched as Calderon walked outside … Ordinarily we review a trial court's evidentiary determinations with 28 A-4457-16T2 substantial deference. …
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… Law, § 20:2-2 at 540 (2011). Thus, if a choice-of-law determination is necessary, it is made on an issue-by-issue … may not delay filing a claim until she obtains an expert to support the claim. Ibid. Rather, “[i]n cases in which fault …
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… declaring that there is no “experimental evidence to support the biological plausibility for Accutane causing …
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… court found that such error was harmless because there was support in the record for the trial court's alternative …
njcourts.gov
… responded that's all anyone could ask. Juror 7, who had children, was an accountant who worked "in mutual funds" for … both the United States and New Jersey Constitutions, the determination of whether the prosecution has exercised … impermissible manner. That determination is adequately supported by the record. Co- 31 A-1139-17T4 defendants were …
njcourts.gov
… of aggravating factors three, six, and nine is fully supported by the record, as is the finding that the …
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… this [c]ourt, or as presented by the defendant, that would support his claim of a reasonable expectation of privacy in …
njcourts.gov
… We are unpersuaded. A. A trial court's evidentiary determination that a witness is qualified to present expert … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. An explanation of … Court found sufficient evidence 22 A-1136-17T4 existed to support the finding that the weapon involved was a "firearm" …
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… if "the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Rieder, … The heightened pleading requirement "serves to permit a determination whether a failure to warn claim is preempted by …
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… [THE JUDGE][,] DID NOT "STATE THE FACTUAL AND LEGAL BASIS SUPPORTING HIS IMPOSITION OF SENTENCE," N.J.S.A. 2C:43-2[8], …
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… Here, the case law makes clear that any party may attack or support the credibility of a witness by direct and … Wade, 99 N.J. Super. 550, 556-57 (App. Div. 1968)). The determination of whether fairness requires inclusion of such …