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… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 469 … that she was unconscious or asleep. You will make that determination." Additionally, during the final charge, the … consecutive sentences although "the only factor that support[ed] consecutive sentences [was] the presence of …
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… Bryant. Both parties used portions of the footage to support their theories in the case. B. Following the close … "[t]he plain error standard requires a twofold determination: (1) whether there was error; and (2) whether …
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… ___ N.J. ___, ___ (2023) (slip op. at 20). In making that determination, we consider: (1) whether the agency's decision … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … and services on a 24-hour basis to Medicaid beneficiaries (children and adults) who, due to medical disorders, …
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… the” substance of the patient safety committee’s determination about an adverse event in determining whether … shielding a health care facility’s deliberations and determinations from discovery or admission into evidence.” … decision denies them access to that information. NJAJ supports plaintiffs’ positions and contends that defendants …
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… 246, 268 (2021). Today’s opinion does not affect that determination. 15 We granted defendant’s petition for … Defender, NJAJ, ACDL, and the Innocence Project and ACLU support defendant’s position. In general, they submit that …
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… his constitutional right to testify. Amici curiae all support defendant. The ACDL argues that the trial court’s …
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… is based on an inference or deduction drawn from or supported by other facts in evidence, or from the officer’s …
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… all the facts and providing all applicable evidence to support the taxpayer’s claim, must be submitted in order to … other than a delegation to Taxation for a discretionary determination in this regard. What is problematic, per LTC, is … its decision on constitutional considerations, such legal determinations do not receive even a presumption of …
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… Complaint and 7 However, under its preliminary statement in support of its motion for summary judgment, the Board … a motion for summary judgment under R. 4:46-2, the determination whether there exists a genuine issue with … judgment. 15 “need for an equalization table and for a determination of the ratio of assessment to true value for …
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… string of messages online, targeting Plaintiff not only to support their arbitration defense but also to cause … documents are exempt from disclosure much less made a determination that no such exemptions 18 government can assert …
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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 …
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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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… 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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… 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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… of aggravating factors three, six, and nine is fully supported by the record, as is the finding that the …
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… 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 …
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… 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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… Sholtis, 238 N.J. Super. at 28-29. We discern no support for the contention that the "frequency, regularity … the court did not limit the test to only summary judgment determinations. The Sholtis test requires plaintiff to prove …