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Issue: abuse of discretion standardNJ ↗
Issue: business records exceptionNJ ↗
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G Cite
cited 2× by 2 distinct cases ·
…a trial court's evidentiary rulings are 'entitled to deference absent a showing of an abuse of discretion.
at p. 439
⚠ not in text
cited 2× by 2 distinct cases ·
…departs significantly from its federal analog,
at p. 442
⚠ not in text
cited 2× by 2 distinct cases, 2022–2024 ·
…the question of whether n.j.r.e. 609 should be modified . . . to the supreme court committee on evidence.
⚠ not in text
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discussed
Cited as authority (rule)
Dcpp v. A.D. and J.D., in the Matter of the Guardianship of A.D.
Separately, a "trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
State of New Jersey v. Nelson Vargas
(2×)
Such rulings "are subject to limited appellate scrutiny," State v. Buda, 195 N.J. 278, 294 (2008), since trial judges enjoy "broad discretion" in making evidence - related decisions, State v. Harris, 209 N.J. 431, 439 (2012) (citation omitted).
cited
Cited as authority (rule)
State of New Jersey v. T.N.
State v. Harris, 209 N.J. 431, 439 (2012).
cited
Cited as authority (rule)
Dcpp v. L.E.F., in the Matter of J.J.N.
State v. Nantambu, 221 N.J. 390, 402 (2015) (citing State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
State of New Jersey v. A.R.-l.
Furthermore, N.J.R.E. 404(b)(1) provides that "evidence of other crimes, wrongs, or acts is not admissible to prove a person's disposition in order to show that on a particular occasion the person acted in conformity with disposition." N.J.R.E. 404(b)(2), however, allows this evidence to "be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, A-2304-22 9 knowledge, identity, or absence of mistake or accident when such matters are relevant to a material issue in dispute." "[A] trial court's evidentiary rulings are entitled to deference absent a showing …
cited
Cited as authority (rule)
State of New Jersey v. Tacuma E. Ashman
State v. Harris, 209 N.J. 431, 439 (2012).
cited
Cited as authority (rule)
State of New Jersey v. Tacuma E. Ashman
State v. Harris, 209 N.J. 431, 439 (2012).
discussed
Cited as authority (rule)
State of New Jersey v. Ashley Gardener
(2×)
also: Cited "see"
N.J.R.E. 609 does not include convictions of disorderly persons offenses, which under the criminal code are "not crimes within the meaning of the Constitution of this State." State v. Harris, 209 N.J. 431, 446 (2012) (Long, J., dissenting) (emphasis omitted) (quoting N.J.S.A. 2C:1-4(b)(1)) (explaining that disorderly persons convictions are not admissible under N.J.R.E. 609).
discussed
Cited as authority (rule)
State of New Jersey v. Kevin Lambert
We also are mindful that prior to 2014, Rule 609 presumptively admitted prior criminal convictions for impeachment purposes "unless excluded by the judge as remote or for other causes." State v. Harris, 209 N.J. 431, 442 (2012) (quoting N.J.R.E. 609 (2012)).
cited
Cited as authority (rule)
THOMAS v. DAVIS
“Our Evidence Rules generally promote admissibility of all relevant evidence....” State v. Harris, 209 N.J. 431, 439 (2012).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. HASSAN TODD (18-12-4130, ESSEX COUNTY AND STATEWIDE)
We also recognize that "[a] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. BLAKE CLAY (18-02-0118, UNION COUNTY AND STATEWIDE)
The judge determined the subject matter was "beyond the ken of the average juror," Zaitz was "knowledgeable in the toy market and . . . acutely familiar with the many types of action figures sold at the time of the alleged thefts," and Zaitz's "opinions regarding the identity of the products purchased" as well as "the estimated prices of those products," were "sufficiently reliable and more than a 'net opinion.'" However, the judge precluded Zaitz from testifying regarding "the placement" and "types of barcode stickers used at the stores," as well as the likelihood that defendant "printed a fr…
discussed
Cited as authority (rule)
STATE OF NEW JERSEY v. JOHN BLOCKER (16-03-0254, GLOUCESTER COUNTY AND STATEWIDE)
A-5670-18 22 Prior to 2014, the Rule presumptively admitted prior criminal convictions for impeachment purposes "unless excluded by the judge as remote or for other causes." State v. Harris, 209 N.J. 431, 442 (2012) (quoting N.J.R.E. 609 (2012)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. EDWARD RASKIN (18-07-0433, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
State v. Harris, 209 N.J. 431, 439 (2012).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. LEVAR A. DAVIS (16-06-0388, UNION COUNTY AND STATEWIDE)
Id. at 52- 53. "[A] trial court’s evidentiary rulings are entitled to deference absent . . . a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. EMMANUEL JOHN (17-10-0756, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
State v. Harris, 209 N.J. 431, 439 (2012).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. MARCUS J. COVINGTON (17-09-0163, MERCER COUNTY AND STATEWIDE)
Super. 1, 8 (App. Div. 1955)). "[A] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. CHRISTOPHER CARRIGAN (19-05-0657, MONMOUTH COUNTY AND STATEWIDE)
State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. SYLVESTER H. CHEW (12-06-1598, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
"A trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. E.V.P. (18-04-0881, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
Generally, a trial judge's "evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Harris, 209 N.J. 431, 439 (2012) (quoting State v. Brown, 170 N.J. 138, 147 (2001)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. KEITH HILL (16-04-0372 AND 18-01-0057, PASSAIC COUNTY AND STATEWIDE)
The scope of our review is narrow and "a trial court's evidentiary rulings are entitled to deference absent a showing of abuse of discretion . . ." State v. 19 A-1900-18 Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. MARVIN BASKER (17-09-2586, ESSEX COUNTY AND STATEWIDE)
THE COURT ERRED IN ITS FINDING AND WEIGHING OF THE MITIGATING FACTORS. 4 State v. Yarbough, 100 N.J. 627 (1985). 7 A-2556-19 II. "[T]he decision of whether a prior conviction may be admitted to impeach a witness 'rests within the sound discretion of the trial judge. . . .'" State v. Harris, 209 N.J. 431, 442 (2012) (quoting State v. Whitehead, 104 N.J. 353, 358 (1986)).
discussed
Cited as authority (rule)
State v. Amrit Singh (083236) (Middlesex County & Statewide)
A. “[A] trial court’s evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment.” State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. BRETT J. LANDES (18-03-0038, BURLINGTON COUNTY AND STATEWIDE)
With limited exception, N.J.R.E. 609(b) presumptively excludes evidence of a prior conviction, if the conviction or defendant's release from confinement was more than ten years before the trial date. "[T]he decision of whether a prior conviction may be admitted to impeach a witness 'rests within the sound discretion of the trial judge . . . .'" State v. Harris, 209 N.J. 431, 442 (2012) (quoting State v. Whitehead, 104 N.J. 353 , 358 A-1053-19T3 22 (1986)).3 "[O]rdinarily evidence of prior convictions should be admitted and the burden of proof to justify exclusion rests on the defendant." Ibid.
discussed
Cited as authority (rule)
ANASTASIO G. KOKA VS. EGLANTINA SHEHAJ (DC-13508-18, PASSAIC COUNTY AND STATEWIDE)
Also, "a trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion . . . ." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
cited
Cited as authority (rule)
A-0850-18T3 STATE OF NEW JERSEY VS. TYWAUN S. HEDGESPETH (16-07-2215 AND 16-07-2216, ESSEX COUNTY AND STATEWIDE)
State v. Harris, 209 N.J. 431, 442, 444 (2012).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. TYWAUN S. HEDGESPETH (16-07-2215 AND 16-07-2216, ESSEX COUNTY AND STATEWIDE)
State v. Harris, 209 N.J. 431, 442, 444 (2012).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. TYLEEK A. LEWIS (14-08-0877, BURLINGTON COUNTY AND STATEWIDE)
Super. 76, 98 (App. Div. 1996). "[A] trial court's evidentiary rulings are A-1614-15T1 12 entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. HYKEEM T. MARTIN STATE OF NEW JERSEY VS. DOMINIQUE WASHINGTON (16-08-1897, ATLANTIC COUNTY AND STATEWIDE) (CONSOLIDATED)
Washington also raises for the first time on appeal the following evidentiary issues, which he argues deprived him of his right to a fair trial: the authenticity of the text message screenshot between the victim and Martin, the A-1592-17T4 13 detective's lay opinion identifications and the testimony that Martin owed the victim money for a car. "[A] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 2…
discussed
Cited as authority (rule)
EDWARD HAYES VS. RODNEY YOUMAN (L-0786-17, HUDSON COUNTY AND STATEWIDE)
Law Inst. 2000)). "[A] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
EDWARD HAYES VS. RODNEY YOUMAN (L-0786-17, HUDSON COUNTY AND STATEWIDE)
Law Inst. 2000)). "[A] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. STEVEN PARKEY (11-03-0354, MIDDLESEX COUNTY AND STATEWIDE)
Defendant's claim of IAC was based upon trial counsel's reliance on N.J.R.E. 609 and the Court's opinion in State v. Harris, 209 N.J. 431, 441 (2012).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. JAHMAD GREEN (15-04-0352, PASSAIC COUNTY AND STATEWIDE)
I don't reach that conclusion." "[A] trial court's evidentiary rulings are 'entitled to deference absent a showing of an abuse of discretion[.]'" Harris, 209 N.J. at 439 (alteration in A-5491-16T1 18 original) (quoting State v. Brown, 170 N.J. 138, 147 (2001)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. GREGORY OLIVER (15-04-0352, PASSAIC COUNTY AND STATEWIDE)
I don't reach that conclusion." "[A] trial court's evidentiary rulings are 'entitled to deference absent a showing of an abuse of discretion[.]'" Harris, 209 N.J. at 439 (alteration in original) (quoting State v. Brown, 170 N.J. 138, 147 (2001)).
cited
Cited as authority (rule)
PETER W. SLOMKOWSKI VS. NEW JERSEY MANUFACTURERS INSURANCE COMPANY (L-3166-15, OCEAN COUNTY AND STATEWIDE)
State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. DANTE L. ALEXANDER (15-01-0104, MERCER COUNTY AND STATEWIDE)
State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. ALDABERTO VEGA STATE OF NEW JERSEY VS. TIMOTHY BETHEA (15-06-1138, MONMOUTH COUNTY AND STATEWIDE) (CONSOLIDATED)
"A trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. ELLICK D. WRIGHT, JR. (14-11-1005, GLOUCESTER COUNTY AND STATEWIDE)
Ordinarily, "[a] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion" as a "clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
DAVID FISHBAIN, ETC. VS. COLGATE-PALMOLIVE COMPANY (L-5633-13, MIDDLESEX COUNTY AND STATEWIDE)
Plaintiff first argues the court erred by barring admission of the three putative vintage Shulton samples and Fitzgerald's testimony concerning his testing of the samples. 13 We are not persuaded. 13 The court also barred Fitzgerald from testifying concerning his testing of "vintage Colgate Palmolive samples" consisting of three containers of various A-1786-15T2 26 "[A] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quot…
discussed
Cited as authority (rule)
ASPHALT PAVING SYSTEMS, INC. VS. ASSOCIATED ASPHALT PARTNERS, LLC (L-0978-16, ATLANTIC COUNTY AND STATEWIDE)
We disagree. "[A] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. JOHN D. APPLEBY (17-10-1645, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
"A trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration omitted) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY IN THE INTEREST OF K.B. (FJ-09-0830-17, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
Ordinarily, "[a] trial court's evidentiary rulings are entitled to deference absent a showing an abuse of discretion" as a "clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
SUSAN ABANKWA VS. ROBERT GREER (L-4239-15, MIDDLESEX COUNTY AND STATWIDE)
She also argues the judge erred in allowing defendant to cross-examine her regarding the prior accident and her gynecological records. "[A] trial court's evidentiary rulings are entitled to deference absent a showing of abuse of discretion[.]" State v. Nantambu, 221 N.J. 390, 402 (2015) (first alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. DAWAN INGRAM (14-03-0827, ESSEX COUNTY AND STATEWIDE)
Defendant argues the testimony should have been excluded because the State did not present the ankle bracelet to the jury to prove it functioned. "[A] trial court's evidentiary rulings are 'entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment.'" State v. Harris, 209 N.J. 431, 439 (2012) (alteration in original) (quoting State v. Brown, 170 N.J. 138, 147 (2001)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. MICHAEL A. JACKSON (15-02-0154, UNION COUNTY AND STATEWIDE)
(2×)
State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. GARY J. PASSARELLI (13-11-0388, HUNTERDON COUNTY AND STATEWIDE)
Admissibility of Drug Evidence "[A] trial court's evidentiary rulings are entitled to deference absent a showing of an abuse of discretion, i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (alteration in original) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. ANTHONY EUGENE STEVENSON STATE OF NEW JERSEY VS. LEROY TAYLOR (12-05-0895, MONMOUTH COUNTY AND STATEWIDE) (CONSOLIDATED)
State v. Harris, 209 N.J. 431, 439 (2012).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. H.H. (16-04-1062, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
Evidentiary determinations A-4208-16T4 7 will be affirmed "absent a showing of an abuse of discretion. i.e., there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. ROBERT BELL (13-01-0004, GLOUCESTER COUNTY AND STATEWIDE)
"Trial judges are entrusted with broad discretion in making evidence rulings." State v. Harris, 209 N.J. 431, 439 (2012).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. DOUGLAS T. SHORTER (17-01-0022, MONMOUTH COUNTY AND STATEWIDE)
An appellate court should disregard those findings only upon a 4 A-0202-17T4 "showing of an abuse of discretion, i.e. [that] there has been a clear error of judgment." State v. Nantambu, 221 N.J. 390, 402 (2015) (quoting State v. Harris, 209 N.J. 431, 439 (2012)).
Retrieving the full opinion text from the archive…
PAUL M. DEPASCALE, PLAINTIFF-MOVANT
v.
STATE OF NEW JERSEY
v.
STATE OF NEW JERSEY
Supreme Court of New Jersey.
Nov 10, 2011.
Cited by 1 opinion | Published
ORDER
This matter having been duly presented to the Court, it is ORDERED that the motion for direct certification to the Superior Court, Law Division, Mercer County, is granted.