results test in New Jersey

1999"While we are mindful that the small sample sizes prevent us from relying on the results of this test," Loftin II, supra, 157 N.J. at 329 , 724 A. 2d 129 , because a significant proportion of defendants in the pecuniary-motive category have received the death penalty, we conclude that the test does not demonstrate disproportionality. 2.

1999"While we are mindful that the small sample sizes prevent us from relying on the results of this test," Loftin II, supra, 157 N.J. at 329 , 724 A. 2d 129 , because a significant proportion of defendants in the pecuniary-motive category have received the death penalty, we conclude that the test does not demonstrate disproportionality. 2.

1999While we are mindful that the small sample sizes prevent us from relying on the results of this test, Martini II, supra, 139 N.J. at 38 , 651 A.2d 949 , they do support a finding of no disproportionality. b.

1999While we are mindful that the small sample sizes prevent us from relying on the results of this test, Martini II, supra, 139 N.J. at 38 , 651 A.2d 949 , they do support a finding of no disproportionality. b.

2019Even if the reports were offered for the truth of the matter asserted in contravention of the prohibition on hearsay, hearsay is admissible in these proceedings so long as there is "sufficient legally competent evidence to support the court's findings." Z.L., 440 N.J.

2015In Chun, the Court considered Crawford's application to documentary evidence — the Alcotest's "foundational documents," relating to the good working order of the device, Chun, supra, 194 N.J. at 142 , and the "Alcohol Influence Report" or AIR, that "reports the results of a test which, in and of itself under our statute, suffices to support a conviction." Id. at 145 .

2015In Chun, the Court considered Crawford's application to documentary evidence — the Alcotest's "foundational documents," relating to the good working order of the device, Chun, supra, 194 N.J. at 142 , and the "Alcohol Influence Report" or AIR, that "reports the results of a test which, in and of itself under our statute, suffices to support a conviction." Id. at 145 .

2014In a five-to-four decision, the Court held that laboratory certificates setting forth the results of analysis of drug samples were testimonial statements and therefore were inadmissible. 557 U.S. at 311 , 129 S. Ct. at 2532 , 174 L.

2014In a five-to-four decision, the Court held that laboratory certificates setting forth the results of analysis of drug samples were testimonial statements and therefore were inadmissible. 557 U.S. at 311 , 129 S. Ct. at 2532 , 174 L.

2014He termed “requiring the State to call the technician who filled out a form and recorded the results of a test . . . a hollow formality.” Id. at __, 131 S. Ct. at 2724 , 180 L.

2014He termed “requiring the State to call the technician who filled out a form and recorded the results of a test . . . a hollow formality.” Id. at __, 131 S. Ct. at 2724 , 180 L.

2010We imposed an indefinite suspension on Gallo pending the results of that hearing, id. at 125 , 835 A.2d 682 , although Gallo thereafter consented to voluntary disbarment, 181 N.J. 304 , 856 A.2d 30 .

2010We imposed an indefinite suspension on Gallo pending the results of that hearing, id. at 125 , 835 A. 2d 682 , although Gallo thereafter consented to voluntary disbarment, 181 N.J. 304 , 856 A. 2d 30 .

2010We imposed an indefinite suspension on Gallo pending the results of that hearing, id. at 125 , 835 A.2d 682 , although Gallo thereafter consented to voluntary disbarment, 181 N.J. 304 , 856 A.2d 30 .

2010We imposed an indefinite suspension on Gallo pending the results of that hearing, id. at 125 , 835 A. 2d 682 , although Gallo thereafter consented to voluntary disbarment, 181 N.J. 304 , 856 A. 2d 30 .

2010We imposed an indefinite suspension on Gallo pending the results of that hearing, id. at 125 , 835 A. 2d 682 , although Gallo thereafter consented to voluntary disbarment, 181 N.J. 304 , 856 A. 2d 30 .

2010We imposed an indefinite suspension on Gallo pending the results of that hearing, id. at 125 , 835 A. 2d 682 , although Gallo thereafter consented to voluntary disbarment, 181 N.J. 304 , 856 A. 2d 30 .

2005Whitmyer, supra, 58 N.J. at 32 , 274 A.2d 577 .

2005Whitmyer, supra, 58 N.J. at 32 , 274 A.2d 577 .

2003Id. at 594, 701 A.2d 1260 .

2003Id. at 594, 701 A. 2d 1260 . [4] Although the intent of the school board may be beneficent, it is entirely possible that the drug-testing program actually will achieve the opposite of the desired effect.

1996It is difficult to imagine a search and seizure more intrusive than forcing an individual to first submit to the withdrawal of blood from his body, and then testing that blood for a disease which subjects those who have it to widespread and invidious discrimination, and then revealing the results of that test to an individual who is free to pass that information on to whomever she wishes. [ Id. at 52 , 660 A. 2d 1274 .] The trial judge also noted that assisting victims of sexual assault and other crimes is a legitimate and compelling governmental interest.

1996It is difficult to imagine a search and seizure more intrusive than forcing an individual to first submit to the withdrawal of blood from his body, and then testing that blood for a disease which subjects those who have it to widespread and invidious discrimination, and then revealing the results of that test to an individual who is free to pass that information on to whomever she wishes. [ Id. at 52 , 660 A. 2d 1274 .] The trial judge also noted that assisting victims of sexual assault and other crimes is a legitimate and compelling governmental interest.

1994For that reason, we required in Vey I that the employer “must ‘demonstrate by “professionally acceptable methods” that the selection device is “predictive of or significantly correlated” with the element of work behavior’” that is being evaluated. 124 N.J. at 541 , 591 A.2d 1333 (quoting Craig v. County of Los Angeles, 626 F.2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed.2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed.2d 345 (1981)).

1994For that reason, we required in Vey I that the employer “must ‘demonstrate by “professionally acceptable methods” that the selection device is “predictive of or significantly correlated” with the element of work behavior’” that is being evaluated. 124 N.J. at 541 , 591 A.2d 1333 (quoting Craig v. County of Los Angeles, 626 F.2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed.2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed.2d 345 (1981)).

1994For that reason, we required in Vey I that the employer "must `demonstrate by "professionally acceptable methods" that the selection device is "predictive of or significantly correlated" with the element of work behavior'" that is being evaluated. 124 N.J. at 541 , 591 A. 2d 1333 (quoting Craig v. County of Los Angeles, 626 F. 2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed. 2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed. 2d 345 (1981)).

1994For that reason, we required in Vey I that the employer “must ‘demonstrate by “professionally acceptable methods” that the selection device is “predictive of or significantly correlated” with the element of work behavior’” that is being evaluated. 124 N.J. at 541 , 591 A.2d 1333 (quoting Craig v. County of Los Angeles, 626 F.2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed.2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed.2d 345 (1981)).

1994For that reason, we required in Vey I that the employer "must `demonstrate by "professionally acceptable methods" that the selection device is "predictive of or significantly correlated" with the element of work behavior'" that is being evaluated. 124 N.J. at 541 , 591 A. 2d 1333 (quoting Craig v. County of Los Angeles, 626 F. 2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed. 2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed. 2d 345 (1981)).

1994For that reason, we required in Vey I that the employer “must ‘demonstrate by “professionally acceptable methods” that the selection device is “predictive of or significantly correlated” with the element of work behavior’” that is being evaluated. 124 N.J. at 541 , 591 A.2d 1333 (quoting Craig v. County of Los Angeles, 626 F.2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed.2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed.2d 345 (1981)).

1994For that reason, we required in Vey I that the employer "must `demonstrate by "professionally acceptable methods" that the selection device is "predictive of or significantly correlated" with the element of work behavior'" that is being evaluated. 124 N.J. at 541 , 591 A. 2d 1333 (quoting Craig v. County of Los Angeles, 626 F. 2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed. 2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed. 2d 345 (1981)).

1994For that reason, we required in Vey I that the employer “must ‘demonstrate by “professionally acceptable methods” that the selection device is “predictive of or significantly correlated” with the element of work behavior’” that is being evaluated. 124 N.J. at 541 , 591 A.2d 1333 (quoting Craig v. County of Los Angeles, 626 F.2d 659, 662 (9th Cir.1980) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 431 , 95 S.Ct. 2362, 2378 , 45 L.Ed.2d 280, 304 (1975)), cert. denied, 450 U.S. 919 , 101 S.Ct. 1364 , 67 L.Ed.2d 345 (1981)).

1993See, e.g., State v. Spann, 130 N.J. 484 , 617 A.2d 247 (1993) (setting forth requirements for admission of human leukocyte antigen tissue tests and blood tests in sexual assault trial); State v. Tischio, 107 N.J. 504 , 527 A.2d 388 (1987), appeal dismissed, 484 U.S. 1038 , 108 S.Ct. 768 , 98 L.Ed.2d 855 (1988) (setting forth requirements for introducing into evidence the *650 measurement of blood-alcohol content when conclusively establishing guilt of offense).

1993See, e.g., State v. Spann, 130 N.J. 484 , 617 A.2d 247 (1993) (setting forth requirements for admission of human leukocyte antigen tissue tests and blood tests in sexual assault trial); State v. Tischio, 107 N.J. 504 , 527 A.2d 388 (1987), appeal dismissed, 484 U.S. 1038 , 108 S.Ct. 768 , 98 L.Ed.2d 855 (1988) (setting forth requirements for introducing into evidence the *650 measurement of blood-alcohol content when conclusively establishing guilt of offense).

1993See, e.g., State v. Spann, 130 N.J. 484 , 617 A.2d 247 (1993) (setting forth requirements for admission of human leukocyte antigen tissue tests and blood tests in sexual assault trial); State v. Tischio, 107 N.J. 504 , 527 A.2d 388 (1987), appeal dismissed, 484 U.S. 1038 , 108 S.Ct. 768 , 98 L.Ed.2d 855 (1988) (setting forth requirements for introducing into evidence the *650 measurement of blood-alcohol content when conclusively establishing guilt of offense).

1993See, e.g., State v. Spann, 130 N.J. 484 , 617 A.2d 247 (1993) (setting forth requirements for admission of human leukocyte antigen tissue tests and blood tests in sexual assault trial); State v. Tischio, 107 N.J. 504 , 527 A.2d 388 (1987), appeal dismissed, 484 U.S. 1038 , 108 S.Ct. 768 , 98 L.Ed.2d 855 (1988) (setting forth requirements for introducing into evidence the *650 measurement of blood-alcohol content when conclusively establishing guilt of offense).

1993See, e.g., State v. Spann, 130 N.J. 484 , 617 A.2d 247 (1993) (setting forth requirements for admission of human leukocyte antigen tissue tests and blood tests in sexual assault trial); State v. Tischio, 107 N.J. 504 , 527 A.2d 388 (1987), appeal dismissed, 484 U.S. 1038 , 108 S.Ct. 768 , 98 L.Ed.2d 855 (1988) (setting forth requirements for introducing into evidence the *650 measurement of blood-alcohol content when conclusively establishing guilt of offense).