njcourts.gov
… New Jersey. St. Paul asserts two overarching arguments in support of its motion. First, St. Paul argues that it is … a jury, upon weighing the evidence and making credibility determinations, may likewise find the remark unrelated to the … added), the court stated: 7 The court reached this determination without considering the unpublished Appellate …
njcourts.gov
… Yurdock sitting on the couch in the living room with three children, one of whom was lying on the couch next to him. … however, that the State's evidence was insufficient to support defendant's conviction on count one, second-degree … Federal courts have "identified various factors which may support the conclusion that a defendant was a participant in …
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… of an out-of-court identification so long as it is supported by sufficient credible evidence in the record. … third-degree offense as of the time defendant faced trial, supporting the fourth factor under N.J.R.E. 609(b)(2). … (1985). We reject this argument. We review a sentencing determination under a deferential standard. State v. Grate, …
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… non-moving party’s version of relevant events 3 insofar as supported by competent, admissible evidence. Although the … of the underlying facts pertaining to a choice of law determination is largely conclusory, with each side declaring … present adequate basis on which to render a definitive determination. As Delta bears the burden of establishing that …
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… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
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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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… 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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… 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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… 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 …
njcourts.gov
… "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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… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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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… others," citing N.J.S.A. 2C:44-1(d). We review sentencing determinations with a deferential standard, see State v. … and mitigating factors found by the trial judge were unsupported by the evidence, or the judge's application of the … State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is justifiable or …
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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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… 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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… proofs identifying him as one of the shooters further supports the likelihood that he did not suffer prejudice … of the trial judge, an appellate court is not bound by a determination when the 'particular circumstances present such … (approved Jan. 14, 2013)).] "The trial court's determination as to whether a Czachor charge is warranted …
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… a search of his car. He contends the affidavit presented in support of the search warrant failed to state that the car … defer to the fact-findings of the trial court when they are supported by sufficient, credible evidence in the record. … denial of the motion to suppress the recorded statement was supported by the credible evidence. Defendant never asked …
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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 …