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njcourts.gov
… the Lukoil robbery. After defendant bought medicine for his children at Rite Aid, the two drove to Quick Chek where the … 283 (App. Div.), certif. denied, 101 N.J. 266 (1985) as support for this proposition. From this proposition, the … [of the identification] is the linchpin" in making such a determination. Id. at 293 (citing Manson v. Brathwaite, 432 …
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njcourts.gov
… where the prosecution failed to produce any analyst to support and be cross-examined regarding the statements …
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njcourts.gov
… prosecution and construed the factual setting of Moore to support that statement of law. See Rodriguez, supra, 392 …
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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 …
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njcourts.gov
… dire" and when "exercising [the peremptory] challenges may support or refute an inference of discrimina tory …
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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
… interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of the risk of harm is the foundational element in the determination of whether a duty exists." J.S. v. R.T.H., 155 … in many cases a duty of care can arise simply from the determination of the foreseeability of harm, usually "more is …
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njcourts.gov
… summary judgment to each defendant. In light of our determination that a manufacturer's product includes any … insulation under the jacket. In an affidavit submitted in support of its motion, Burnham's former Chief Engineer and …
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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
… 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
… 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
… 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
… Here, the case law makes clear that any party may attack or support the credibility of a witness by direct and … Wade, 99 N.J. Super. 550, 556-57 (App. Div. 1968)). The determination of whether fairness requires inclusion of such …
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njcourts.gov
… his own client's expressed interests, the record clearly supports Strickland's first prong in determining ineffective …
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njcourts.gov
… 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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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 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
… § 1983. They, however, believe that such a reading “is not supported by the Legislative history of [the New Jersey 14 …