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… some obtained as a result of communications data warrants, supported the State's contention that defendant had … that I need," and "if there were preexisting records" supporting defendant's claims of psychosis, "the puzzle … [defendant's] psychiatric pathology stemming back to his childhood in India as well as to events in California just …
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… they implemented some basic safeguards during the process supporting the judge's conclusion the show-up was not … On appeal, we uphold the findings of a trial judge where "supported by sufficient credible evidence in the record." … 181 N.J. 13, 20 (2004)). However, even if a stop is unsupported by reasonable suspicion, a suspect must comply. …
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… mental illness or substance abuse), and N.J.S.A. 59:6-6 (determination on terms of confinement). They assert that such … they are not liable for a failure to diagnose is without support. Seemingly, the jury held the CHS defendants were … time, but there are two factors that weigh heavily in the determination. These factors are "the severity of the …
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… video] depicts." We review a trial court's evidentiary determinations under an abuse-of- discretion standard. State … the hearsay rule is that the realization of impending death supports a strong likelihood of credibility." State v. … it should not be offered to the jury until a preliminary determination has been made by the judge that in light of the …
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… Agreement shall be submitted to Rabbi Chaim Leiter for determination. All parties agree to abide by any psak … in granting summary judgment. He argues the trial court's determination he had actual or implied authority to bind JLC … inferences and feelings' are not sufficient to support or defeat a motion for summary judgment." Petersen …
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… failed to prove damages, she further found no evidential support that Entact deviated from the plans it was hired to … Glass & Mirror, Inc., 386 N.J. Super. 177 (App. Div. 2006) supports the proposition that Ten West's decision not to … the sheet piles, and Samsung's expert agreed with this determination. Thus, the cause of loss falls under the earth …
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… limit; and Daniel's damages were sufficiently severe to support a recovery of $1,250,000. Daniel testified about the … 242, 249 (1986)); accord R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … Courts should not "engage in a strained construction to support the imposition of liability." Progressive Cas. Ins. …
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… defendant argues: POINT I DEFENDANT'S CONVICTION WAS NOT SUPPORTED BY THE EVIDENCE, AND THE COURT SHOULD HAVE ENTERED … N.J.S.A. 2C:28-5(a). This element also was reasonably supported by the State's proofs. We recognize a defendant's … Walsh likewise found there was sufficient evidence to support a witness tampering charge when she denied …
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… a gun at his home the night before, while defendant's children were present, and running off before defendant … for "a loan." 4 The letter was moved into evidence. 5 To support his denial, Bernal pointed out that the letter … to take curative action." Id. at 84. "Notably, a determination as to whether a prosecutor's comments had the …
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… judge's factual findings at the plenary hearing, which are supported by substantial evidence in the record, and … be a corporate officer. Here, again there is a dearth of supporting evidence [that] this appointment or election, . . … the statutory scheme (in itself a painfully subjective determination) as meeting the curative exception is at odds …
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… the witness's testimony or by shedding light on the determination of a disputed factual issue.'" Id. at 15 … and balances aggravating and mitigating factors that are supported by competent credible evidence in the record[,]" … the applicable aggravating and mitigating factors are amply supported by the evidence. Further, when reviewing the …
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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … Court pandemic related orders, the certification filed in support of her motion referenced the pandemic related … speed of the escalator treads and/or moving handrail" or "supported or refuted the notion that the escalator's history …
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… evidence in the case that you consider relevant to your determination whether the identifications were reliable. Keep … BECAUSE THE STATE PRESENTED INSUFFICIENT EVIDENCE TO SUPPORT A CONVICTION. II. CUMULATIVE TRIAL ERRORS IN THE … (2) the aggravating and mitigating factors were not supported by the record; (3) the sentence shocks the …
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… swear or affirm to an oath before providing a factual basis supporting a plea, in contrast to R. 3:9-2. Id. at *6-7, … the rule requires that the terms and factual basis that support a plea agreement be fully set forth on the record … The Committee concluded that these reasons support its determination that a requirement to swear in defendants when …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress 10 … 'to prove or disprove any fact of consequence to the determination of the action.'" Covell, 157 N.J. at 565 … from the merger. 27 A-3926-22 B. Our review of sentencing determinations is highly deferential. State v. Fuentes, 217 …
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… in other cases is limited. R. 1:36-3. 2 A-5362-18 Fox Rothschild, LLP, attorneys for respondents (Ely Goldin, of … judge's legal conclusions, however, were based on factual determinations that turned on the credibility of the … convinces us there is substantial credible evidence to support the judge's findings, we affirm. Although a great …
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… was charged with five counts of endangering the welfare of children and five counts of invasion of privacy. The State … the judge had failed to provide written factual findings in support of the order. The remand hearing took place on … ultimate finding of whether clear and convincing evidence supports detention. Compare State v. Gibson, 218 N.J. 277, …
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… in issue. Although we accept the trial court’s determination that the DEP’s proofs fell short of … the record cited for that proposition does not specifically support the assertion; however, the rate of dripping … of Sue’s had caused contamination, she did not make a determination as to which operator was the cause of the …
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… portions of Reading's narration were without evidentiary support, invaded the province of the jury, and violated … that would and would not be allowed. 13 A-2536-18 "[T]he determination of whether a person is competent to be a witness … would be helpful to the jury by shedding light on the determination of a disputed factual issue." Id. at 92. "If the …
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… they implemented some basic safeguards during the process supporting the judge's conclusion the show-up was not … On appeal, we uphold the findings of a trial judge where "supported by sufficient credible evidence in the record." … 181 N.J. 13, 20 (2004)). However, even if a stop is unsupported by reasonable suspicion, a suspect must comply. …