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… We begin with defendant's assertion that N.J.R.E. 803(a)(3) supported playing additional portions of Brennan's recorded … 389, 407 (2017)). The plain error standard requires a determination: "(1) whether there was error; and (2) whether … under Anthony. C. We concur with the judge's determination regarding defendant's request to play selected …
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… at a youth correctional facility due to his age and family support. The State's brief indicates that defendant is … We believe the trial court's findings of fact and law are supported by credible evidence in the record and we have no … the questions of a defendant may be material in making a determination as to whether defendant has been subjected to …
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… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … to prove or disprove any fact of consequence to the determination of the action." Here, the testimony that the … Defendant relies on a line of out-of-state cases as support for his contention that police testimony about a …
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… FTV because he did not engage in any conduct that could support a finding of equitable estoppel. The panel noted … to allow the parties to present evidence and arguments in support of their claims. Id. § 12600. After the hearing, the … Pittella, 205 N.J. 572, 587 (2011). We review those legal determinations de novo. See Manalapan Realty, L.P. v. Twp. …
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… of the original complaint or the certifications filed in support of any of plaintiff's motions. 6 A-5177-17T2 While … plaintiff relied upon discovery obtained in Dugan to support his complaint's factual contentions. Citing to that … that the denial of (b)(2) class certification in that case supports the same result here, we conclude such reliance is …
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… the Division's investigation, defendant and his wife made unsupported claims Farghaly, who is unmarried and has no children, asked defendant if her husband or male companion, … of Farghaly and Elashkar was central to the jury's determination, the introduction of highly prejudicial evidence …
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… 92 N.J. at 400. Defendant mistakenly cites Mirza to support its contention that a commercial landowner's duty to … foreseeable harm to others." Ibid. Finally, Qian, does not support defendant's position. Like Mirza, Qian did not … not bound by those decisions, but they provide additional support for our holding. The opinions rejecting a …
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… Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support of that request, defendant attached character … other cases mentioned] in the trial court's original determination." Pursuant to our order, the trial court … the permitted 'prosecutorial influence on the sentencing determination'." Id. at 148 (quoting State v. Todd, 238 N.J. …
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… judge would be unable to reach an informed reliability determination at the Frye hearing as part of his gatekeeping … Id. at 594, 597. A-4207-19T4 7 source code and supporting software development and related … to the judge's threshold gatekeeping reliability determination of whether the science underlying the proposed …
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… utilized by the clerk in order to arrive at his [or her] determination. In the absence of such statutory direction, a … A-0080-20 17 Thus, the clerk is charged with making two determinations: (1) the actual number of votes cast in the … the opportunity to move one election, but not the other. In support, defendant cites N.J. Democratic Party v. Samson, …
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… New Jersey's increased state constitutional safeguards support suppression of the drugs. 1 A grand jury indicted … to authorize entering without knocking and announcing is supported by substantial credible evidence in the record, … [it] know[s], civil liability is an effective deterrent," a support-free assumption that Mapp and subsequent cases make …
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… for the Van Winkle Avenue condominium. In his affidavit supporting the issuance of a search warrant, Boesch recited … a.m. and 10:30 a.m., which he attributed to Vernieri's grandchildren, and which he described as "a struggle, or two … was admissible. The court rejected the trial courts determinations, concluding that the State did not clearly …
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… violated three RPCs. They concluded that the “facts” supported the findings that (1) Robertelli directed Cordoba … is the rare instance where we do not accept a credibility determination made by a trier of fact.” The plurality … (“The Court may, on its own motion, decide to review any determination of the Board where disbarment has not been …
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… (emphases added). The change to Rule 4:19 thus does not support placing a burden on the plaintiff to justify … and by the Federal Rules of Civil Procedure likewise do not support placing the burden on the plaintiff to show special … would not perform the examination if it were recorded. In support of his position, Dr. Morgan cited the 2016 Policy 10 …
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… imposing an excessive sentence. Because the record does not support certain findings the court made in sentencing … to prove or disprove any fact of consequence to the determination of the action." Rose, 206 N.J. at 160 (quoting … consider the surrounding circumstances to find adequate "support that the third prong of Cofield was satisfied." …
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… testing program, including the "software's source code and supporting software development and related documentation . … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to prove or disprove [a] fact of consequence to the determination of the action[,]'" State v. Gilchrist, 381 N.J. …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not based on a … broad discovery of the evidence the State has gathered in support of its charges.'" Ibid. (internal quotation marks …
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… there was concern HHSI's charitable assets would be used to support for-profit entities without benefitting … should be reversed because it is contrary to law and unsupported by substantial evidence in the record. They … 383 (1982). However, we are "not bound by an agency's determination on a question of law." Garden State Check …
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… wore the hoodie on the night of the murder, which was supported by the now-excluded telephone and text … to prove or disprove any fact of consequence to the determination of the action." As a minimum, the videos at … are sufficiently clear to permit the jury to make this determination. The remaining videos to which defendant objects …
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… relying on those adult sentencing enhancement features to support a conclusion that the goals of special and 5 The … for the judge to render a more detailed opinion to support the order. III. We next address defendant's … a "black rifle" as the prosecutor had initially argued in support of the admissibility of the video. The lateness of …