Holland-Pizzo Findings and Conclusions-Judge Vernoia 8-24-11

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Judge Vernoia's findings in Holland and Pizzo are in (on the subject of the State's substitution of the Control Co digital temperature device for the Ertco Hart device) Remember that the findings are not law, are not precedent, and are not a subject for judicial notice. In other words, they may be used as persuasive in other cases, but are not binding. While it is unlikely that the App Div will fail to adopt them ... until the App. Div adopts them, we are legally in no different position that before you read them. There will likely be briefs and oral argument further scheduled at the App Div before a final decision. That being said, of course, you may wish to plan now for where it is likely this will all end up now. In short, Judge Vernoia concluded : Conclusion...this court finds the Control Company digital thermometer is comparable in allmaterial respects to the Ertco-Hart digital thermometer previously used during the Alcotest calibration process. This court further finds that the ControlCompany certificate is facially valid and satisfies the requirements as a foundationaldocument as required in A Chun. The court also rejects defendants' contention that the State had a burden to present evidence as to each of the elements required to prove NIST traceability.

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