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njcourts.gov
… at defendants' trials, including their confessions, to support their guilt, and that any error in admitting …
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njcourts.gov
… in the record, which properly correlated with the law to support his legal conclusion. "That the case may be a close … which are discussed below. These include the judge's determination not to dismiss juror two (see section C.2. … to determine whether the jury has been tainted. That determination requires the trial court to consider the gravity …
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njcourts.gov
… recording several times and apparently found it did not support Courter's claim that he believed Jeter grabbed onto …
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njcourts.gov
… in Delgado. By then, there was adequate testimony to support the court's decision to admit the independent …
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njcourts.gov
… for the judge as to whether there is sufficient evidence to support the defense at all. He argues that, as a result, the …
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njcourts.gov
… 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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njcourts.gov
… court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … barred, plaintiffs may use them "as background evidence in support of [their] timely claim." Roa v. Roa, 200 N.J. 555, … 536 U.S. at 117).] "The policy concerns underpinning the determination in Shepherd in respect of LAD claims require the …
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njcourts.gov
… Plaintiff's appellate brief argues that her CRA claim is supported by rights under the Constitution and under the … Robinson v. Vivirito, 217 N.J. 199, 208 (2014). "The determination of the existence of a duty of care to avoid harm …
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njcourts.gov
… GROSS ABUSE OF DISCRETION. POINT FOUR THE TRIAL JUDGE'S DETERMINATION THAT THE PRISON TERMS IMPOSED ON THE TWO … to determine whether the jury has been tainted. That determination requires the trial court to consider the gravity … verdict inconsistent with the proofs adduced at trial was supported by the fact that juror seven's comments merely …
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njcourts.gov
… [THE JUDGE][,] DID NOT "STATE THE FACTUAL AND LEGAL BASIS SUPPORTING HIS IMPOSITION OF SENTENCE," N.J.S.A. 2C:43-2[8], …
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njcourts.gov
… to strike from respondents' appendices. These documents support respondents' position that the City had satisfied … should the Appellate Division reverse the trial court's determination that the ordinance was invalid. BIT subsequently …
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njcourts.gov
… court found that such error was harmless because there was support in the record for the trial court's alternative …
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njcourts.gov
… appellants' brief to contain a statement of facts "supported by references to the appendix and transcript"). … his career, Velazquez, on multiple occasions, made the determination that an individual with whom he had an encounter … host of questions they are asked, and based upon those determinations, 13 A-1974-20 they are referred to either the …
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njcourts.gov
… TRIAL COURT FAILED TO APPLY MITIGATING FACTORS THAT WERE SUPPORTED BY THE RECORD. C. THE SENTENCING COURT ERRED IN …
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njcourts.gov
… 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 …
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njcourts.gov
… N.J. 22, 47 (2019). This deference extends to a judge's determinations based not only on live testimony but also when … 412, 425 (2014). When the judge's factual findings are "not supported by sufficient credible evidence in the record," … alone are usually insufficient to justify a determination of involuntariness or lack of knowledge."). 26 …
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njcourts.gov
… this [c]ourt, or as presented by the defendant, that would support his claim of a reasonable expectation of privacy in …
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njcourts.gov
… Law, § 20:2-2 at 540 (2011). Thus, if a choice-of-law determination is necessary, it is made on an issue-by-issue … may not delay filing a claim until she obtains an expert to support the claim. Ibid. Rather, “[i]n cases in which fault …
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njcourts.gov
… declaring that there is no “experimental evidence to support the biological plausibility for Accutane causing …
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njcourts.gov
… triggered the GPS monitoring. The Board’s reasoning is not supported by United States Supreme Court jurisprudence. At … triggered by Riley’s Tier 3 classification in 2009 -- a determination of his “present dangerousness” -- not by his … of the date of the predicate offense, based on a court’s determination of current dangerousness to the public. Id. at …