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njcourts.gov
… and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … (the need to deter defendant and others). These were amply supported by evidence in the record, including defendant's …
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njcourts.gov
… objections to the alleged damages. The court detailed its determination as to which M&A fees and costs it deemed … between the breach 14 A-1416-20 of the lease and its determination of the damages. Nicoletta asserts a damage award … point to any statute, court rule, or contractual provision supporting the award of those fees, see Litton Indus., Inc. …
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njcourts.gov
… and borderline traits." He "f[ound no] evidence that would support the defense of diminished capacity." By all … testimony is being offered for the purpose of aiding your determination of: (1) the reasonableness of [defendant]'s use … wa]s being offered for the sole purpose of aiding [their] determination of the issues of self-defense and …
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njcourts.gov
… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
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njcourts.gov
… during which a confidential informant (CI), defendant's childhood friend, conducted ten controlled drug purchases … "there is one common denominator in all of those cases: a determination that someone was being subjected to potentially … a defendant's predisposition is shown."). Additionally, if supported by "a compelling reason," State v. Megargel, 143 …
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njcourts.gov
… if "sufficient credible evidence in the record" supports those findings, because the PCR judge is better … gunshots, Hopkins's first instinct was to protect the children she was watching that day, not to look out the … defense. We shall not disturb the PCR court's determination. As the Supreme Court recognized, some trial …
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njcourts.gov
… We disagree. We review a trial court's evidentiary determinations for an abuse of discretion. State v. Buda, 195 … conviction occurred in 2003. 12 A-2210-18 In making this determination, pursuant to N.J.R.E. 609(b)(2), the judge "may … warrant for aggravated assault. We again disagree. In supporting his position, defendant cites to State v. Cain, …
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njcourts.gov
… the deposition was needed to produce an expert report was unsupported by competent evidence from the expert himself. … Consequently, we owe no deference to the trial court's determination. Manalapan Realty, L.P. v. Twp. Comm. of … to save lives [airbags] create a lethal hazard to young children and other small persons sitting too close to the …
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njcourts.gov
… In our review, we "accept[] as true all the evidence which supports the position of the party defending against the … on February 19, 2019, he filed another motion seeking a determination that the documents were admissible as learned … Levin appear at trial so the trial judge could make a determination at a Rule 104 hearing as to whether the …
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njcourts.gov
… in our prior opinion, we reversed the trial court's determination to grant class certification, and accordingly … we note that plaintiff fails to cite a single case to support her apparent argument that a CFA claim may be proven … where plaintiffs failed to "present any expert evidence to support an inference of loss in value"). 23 A-5391-18T1 A …
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njcourts.gov
… outside the record[.]" We agree with the PCR judge's determination that this claim was procedurally barred under … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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njcourts.gov
… 451 (1972)). Here, the trial court's findings are amply supported by the record. In view of Anderson's testimony … 208 N.J. 208, 289 (2011). In any event, the record amply supports the trial court's determination that Anderson's out-of-court identification of …
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njcourts.gov
… of material fact under the statute. This conclusion is supported by Goodwin. There, the Court found that N.J.S.A. … "the evidence relied 25 A-2520-17T4 upon by the State to support the . . . convictions was identical[,] [m]erger is …
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njcourts.gov
… that had we reached the wiretap issue, federal law would support the ready availability to law enforcement of the … the county jail recordings, there is sufficient evidence to support the indictment against Allen-Brewer, warranting …
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njcourts.gov
… affair which a male counterpart would not. The record supported the judge's observations that such rumors might … assignment because of the relationship, and that such a determination should be made by the jury. For example, … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
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njcourts.gov
… defendant's explanation of excusable neglect was "wholly unsupported by evidence, vague, and barely even the 'plausible … trial attorney's] purported errors 'played a role in the determination of guilt,' and so [defendant] [could not] … the deficient representation of counsel affected 'a determination of guilt or otherwise wrought a miscarriage of …
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njcourts.gov
… State v. Rhett, 127 N.J. 3, 7 (1992))). The evidence in support of the substantial distance and substantial … soon started following Muniz. Id. at 7. Such evidence could support a finding that defendants exposed Muniz and his two …
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njcourts.gov
… not distracted by the incoming call on her cell phone. To support her contention that the configuration of the … thereby reducing the risks of a patron falling. The expert supported plaintiff's contention that the hazardous …
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njcourts.gov
… a voluntary undertaking by defendants' insureds and not a determination of legal liability, thereby "vitiating … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … Hahns in that litigation. 19 A-1850-20 Our careful review supports the judge's recitation of the summary judgment …
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njcourts.gov
… a voluntary undertaking by defendants' insureds and not a determination of legal liability, thereby "vitiating … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … Hahns in that litigation. 19 A-1850-20 Our careful review supports the judge's recitation of the summary judgment …