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… ELIGIBILITY FACTOR. c. THE [TRIAL] COURT'S DETERMINATION THAT THE DEFENDANT IS ELIGIBLE, DUE TO HIS … (2019), it asserts subsection (a)(5) requires objective determinations and does not require fact-finding or any … specific provisions of N.J.S.A. 2C:35-14, which in our view support the judge's conclusion that subsection (a)(5) refers …
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… that fact, and we are constrained by the trial judge's determination of credibility. In any event, the relationship … courts defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … assessment. Further, we concur with Judge Young's determination that the present situation is distinguishable …
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… another way, each of Sell's four prongs involves a legal determination as to whether: (1) "important governmental … deference to the trial court's factual findings that are supported by the record and reviewing de novo issues of law. … of federal circuits, that the motion court's legal determinations on a Sell application are reviewed de novo …
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… character of the community and the potential for harm to children in the community of Highland Park." The Planning … room for state law to operate[.]" 246 N.J. at 29. The Court supported that determination by quoting the following language from the CSA: …
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… Practice of Medicine Doctrine, N.J.A.C. 13:35-6.16. In support of its claims, Allstate alleges that numerous … but not all, jointly represented defendants. III. "[A] determination of whether counsel should be disqualified is, as … of the complaint." Op. 552, 102 N.J. at 205. The critical determination is whether the jointly represented defendants …
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… the specter of potential inconsistent factual and legal determinations, not to mention the arguably wasteful … Supreme Court has expressed three "significant concerns" supporting preclusion under the entire controversy doctrine: … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy and …
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… such statements, a "trial court must make a preliminary determination of whether there is independent proof of the … of evidence' independent of the hearsay statements supports the existence of the conspiracy and of defendant's … 404 (b) concerns about other crime evidence. It made no determination as to whether there existed substantial …
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… 1991)). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and … conviction. The judge provided a statement of reasons supporting his sentencing decision, the sentence is based on … Defendant's criminal record and the facts of this case support a life sentence. 29 A-0899-17T1 We have considered …
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… the bid's contents. The judge found that the record did not support a finding that nondisclosure was warranted to … met. Accordingly, we affirm the judge's 22 A-1527-18T3 determination that N.J.A.C. 7:1D-3.2(c) does not bar … was greater than any interest in nondisclosure and her determination that plaintiff was entitled to access the …
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… suggestibility is described as follows: [T]he determination [of impermissible suggestibility] can only be … when he testified before the PCR court "to provide further support for his claims of inadequate preparation and … "Rather, defendant must allege specific facts and evidence supporting his allegations." Ibid. Here, defendant fails to …
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… reliability, irrespective of the court's legal determination that the statement was admissible. Crane, 476 … requirement that the court make a pretrial voluntariness determination does not undercut the defendant's traditional … waiver of rights, regardless of other factors that might support his confession's admission." A.G.D., 178 N.J. at 68. …
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… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 15 (quoting … The State in Baldwin presented evidence in a murder trial supporting the identification of the defendant as the … record may be relevant in both stages of the sentencing determination. We held that "[a] sentencing court must first, …
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… 11 A-2356-18 court should give "equal deference to the determination of the trial court" when weighing the … statements of opinion by the prosecutor were substantially supported by the video recorded evidence that was played for … factors, including the fact that defendant has two children, for whom he is not the primary caregiver. …
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… REQUIRE THE INTENT TO EVADE PAYMENT AND THAT WAS CLEARLY SUPPORTED BY THE EVIDENCE THAT DEFENDANT'S TAX OBLIGATION … tax court reasoned that there was sufficient evidence to support the jury's verdict and defendant was not entitled to …
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… audit. Undertaking this summary provides further support for our conclusion that imposing such a condition … appeal to the State Comptroller from the informal determination contained in the June 11 letter of the Deputy … Thus, the State Comptroller never rendered a final agency determination from which the NBBOE could appeal to us. …
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… compelling precedent either from New Jersey or elsewhere to support this claim. Case law from other jurisdictions has … at 225. The party must also "provide evidence sufficient to support a conclusion that the party alleged to have acted in … was in fact misled or 26 A-1967-15T2 deceived," the determination will turn on whether there was "[t]he capacity …
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… motion for leave to appeal.4 4 The judge noted that despite supporting the State's motions for leave to appeal in N.P. … would presumably be apparent from the statement of reasons supporting the order. A-0135-17T1 12 essential purpose of … 'procedural rule' [i]s 'one step in the ladder to final determination and [which] can effectively aid a court …
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… Point II – in which he argues the evidence could not support a conviction of first-degree aggravated manslaughter … terms imposed were the product of the trial judge's determination that State v. Carey, 168 N.J. 413 (2001) … by the defendant left one man dead, and his wife and two children seriously injured; a seven-year term was imposed on …
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… generally argue that the judge's findings are not supported by the record. The judge granted defendants a … that it was more likely a 100-year storm. In making this determination, Herrington used modeling, which accounts for … to existing structures. Selsor disagreed with Raichle's determination that the benefits-to-costs ratio of 1.2 was …
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… the "principles of the code [of criminal justice] support" the application of self-defense to the charge. … allows self- protection as a defense to liability is not supported by the legislative history. Instead, liability … a threat to defendant or anyone else. Indeed, the jury's determination that Anthony was "physically helpless" as …