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… offense," as "the triggering date for the remoteness determination." According to defendant, "[t]his was an … that evidence having the burden of proof. In making that determination, pursuant to N.J.R.E. 609(b)(2), "the court may … periods," 957 F.2d 162, 168 n.4 (5th Cir. 1992), to support its decision, the court pointed to "the change in …
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… BY ADMITTING THE FBI AGENT'S MISLEADING BLOWN-UP MAP IN SUPPORT OF HIS OPINION TESTIMONY. 5. THE PREJUDICIAL IMPACT … the relevant analysis before turning to the evidence that supports the prosecutor's remarks. In reviewing a claim of …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … B. We also discern no error in the Law Division judge's determination that defendant was not deprived of her right to … during the trial. We are satisfied this determination is supported by the credible evidence in the record. The judge …
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… a trial court's evidentiary rulings and uphold its determinations 'absent a showing of an abuse of discretion.'" … in making its detailed factual findings, which were amply supported by the record, or in ruling that the out- of-court … and injured, and further determined that (1) the evidence supported the prosecutor's premise that defendant indeed …
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… in any way responsible for the contamination. With the support of amicus, Fuel Merchants Association, Woodruff … and total lead. Hopkins stated that his conclusion was also supported by field readings he took near the UST. The …
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… plaintiff's counsel indicated in writing he required a determination in order to further litigate the matter. On … arguments, the court concluded it made adequate findings in support of its October 2017 order and plaintiff's … was previously remanded by the Appellate Division for a determination by the [t]rial [c]ourt in the plaintiff's …
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… a trial [judge's] evidentiary rulings and uphold its determinations 'absent . . . an abuse of discretion.'" Scott, … Ibid. Evidence of a structure within the enterprise "support[s] the inference that the group engaged in carefully … was a member of the Herd or Shore Dogs, a then Pagans "support group." 17 A-2203-18 Glick further testified about …
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… is clearly relevant to material facts at issue in the determination of defendant's guilt of the charged offenses, … evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … for the witness or refer to matters outside the record as support for the witness's credibility." Walden, 370 N.J. …
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… Fortin, 162 N.J. 517, 530 (2000). "Admission of evidence as supportive of a signature crime must remain a case- by-case … no abuse of discretion occurred. Not only did the judge support his decision based on factual and legal precedents, … (b). State v. Case, 220 N.J. 49, 64 (2014). The court's determination of the statutory range for each degree of …
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… charged, and didn't become a factor 5 A-3676-17 in my determination today, the reason why I'm here today," which was … ever "reviewed a case and found there was not evidence to support a charge of possession with intent to distribute." … definition was designed to "allow for an unambiguous determination of which isomers of Schedule I hallucinogenic …
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… conviction and sentence because his arguments are unsupported by the record , the applicable law, or both. 2 All … Moreover, the State's case against defendant was strong, supported by substantial credible evidence. While hearsay is … N.J. 454, 475 (2007). For that reason, a trial court's determination of whether a defendant "knowingly and …
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… in New Jersey" and that the New York Action sought "a determination of coverage with 10 A-0182-19 respect to three … International, Inc., 406 N.J. Super. 156 (App. Div. 2009), supported dismissal. The court also granted the dismissal … of fairness and comity." Id. at 389-90. A comity determination should be based on a "combination of the special …
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… reliable. "[T]estimony from [Rodgers] was the vital link supporting the identification. Yet, [Rodgers] destroyed that … at 657. Defendant has waived this issue. Here, the record supports the trial court's determination that L.R.'s out-of-court photo identification …
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… committed to the discretion of the trial judge, and his determination will not be overturned in the 13 A-1470-19 … evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … the trial [judge]'s decision so long as those findings are supported by sufficient credible evidence in the record.'" …
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… EARLY RELEASE ACT WAS MANIFESTLY EXCESSIVE, IMPROPER, AND UNSUPPORTED BY THE REQUISITE YARBOUGH5 ANALYSIS. II. We first … for the trial court's unless," the trial court's determination "was so wide of the mark that a manifest denial … the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 15 (quoting …
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… factual findings of the trial court if those findings are supported by sufficient credible evidence in the record." … his attorney utilized Jason's statement in summation to support the theory Kirkpatrick assaulted Hessian. And during …
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… COMBINED WITH [ITS] REPEATED OMISSIONS OF JURY CHARGES THAT SUPPORTED THE DEFENSE VERSION OF THE CASE, EXPOSED THE … not have a criminal record may play no part in a jury's determination of guilt or non-guilt and may play no part or be … long as he clearly leaves to the jury . . . the ultimate determination of the facts and the rendering of a just and …
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… by John were meritless and lacked all actual and legal support. Thus, finding that defendants' contesting answers … 2019, c. 67, § 2, "bespeak an intent contrary to, and not supportive of, retroactive application." Cruz v. Cent. …
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… has two sons from a prior marriage. Mr. Krivulka had three children from prior relationships. Lerner, an attorney and … moved to dismiss or stay the Arizona Lawsuit, attaching in support of the motion a version of the March 2016 Memorandum … consolidated both appeals on November 18, 2021. II. "[A] determination of whether counsel should be disqualified is, as …
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… the FFA. We do not concur with the Appellate Division’s determination that US Bank’s original notice of intention, … balance due on the loan, arguing that this finding “is not supported by a scintilla of evidence in the 16 record.” The … to the trial court. US Bank seeks affirmance of the determination of the trial court and Appellate Division that …