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- A-4250-17T1 Opinionnjcourts.gov… has four factors which distinguish it from murder. In order for you to find defendant guilty of murder, the State … that defendant had to be physically assaulted by Ortiz in order to have been provoked under the statute. Because the … insinuates he had to be physically assaulted by Ortiz in order to be adequately provoked under the statute. Further, …
- A-2677-18T2 Opinionnjcourts.gov… failed to adhere to the Supreme Court's direction that, in order to comply with the Eighth Amendment, judges must … on juveniles." Zuber, 227 N.J. at 450. He urges that we order his immediate release or, alternatively, a further … Ibid. At the first resentencing, the trial court ordered that the sentences for both sets of sentences were …
- A-3310-15T4 Opinionnjcourts.gov… heat system requiring water be supplied to the furnace in order for it to function. During periods of cold weather, … . . . systems . . . now work and shall be in proper working order at the time of Closing." The sellers further … a jury based on pure speculation. Merchants Express Money Order Co. v. Sun Nat'l Bank, 374 N.J. Super. 556, 563 (App. …
- A-2023-15T2 Opinionnjcourts.gov… inference instruction. Notably, our courts' power to order discovery is not limited to the express terms of the … 542, 555 (2014). The courts have "the inherent power to order discovery when justice so requires." Ibid. (internal … false name, Tamorah Richardson, and arrested him on the disorderly persons offense. The officer A-2023-15T2 25 …
- A-1014-14T3 Opinionnjcourts.gov… false alibi witnesses, concealed weapons, or fled in order to avoid apprehension. Cherry, supra, 289 N.J. Super. … is not admissible to prove the disposition of a person in order to show that such person acted in conformity … R. 1:7-2 (requiring objection "at the time the ruling or order is made or sought"); State v. Weston, 222 N.J. 277, …
- A-0667-16T4 Opinionnjcourts.gov… he had to allow defendant to "anally penetrate [him] in order for me to earn that guitar." These abusive encounters … been convicted of a crime, he had been convicted of two disorderly persons offenses in 2007. The court gave substantial … pleaded guilty (count twenty-five). The court also ordered defendant to comply with all provisions of Megan's …
- A-1132-14T3 Opinionnjcourts.gov… Realty's motion to enforce litigants' rights, the court ordered Chapin Hill to provide R.B. Realty with the … lifted, or manipulated from the [OTA] signature . . . in order to create the signature page in question." She was not … with DOH, which would have been necessary 23 A-1132-14T3 in order for R.B. Realty to acquire license rights from Avante. …
- A-5586-13T2 Opinionnjcourts.gov… a lawyer. On April 10, the police obtained a court order to collect a buccal DNA swab from defendant. Sergeant Miller went to the jail and handed the court order to defendant. Defendant read the order and then said: "good luck. My DNA will not be on her …
- A-4590-14T2 Opinionnjcourts.gov… Claiming she was unaware of Daniel's address, an order permitted service through publication. The final … distribution. A post-judgment application resulted in an order releasing the remaining monies to defendant as … the record. State v. Roth, 95 N.J. 334, 363-65 (1984). In order to warrant reversal, a sentencing judge's decision …
- A-0868-15T2 Opinionnjcourts.gov… Gerald J. Pohida appeals from a September 11, 2015 order denying his claim for post-conviction relief (PCR) … would have been different absent the excludable evidence in order to demonstrate actual prejudice." Perry, 124 N.J. at … substantial equivalent of the materials by other means. In ordering discovery of such materials when the required …
- A-4848-14T4 Opinionnjcourts.gov… 2C:43-7.2. On appeal, defendant challenges the Family Part order waiving jurisdiction, the denial of his suppression … N.J.S.A. 2C:5-2(a)(1). The State thereafter moved for an order waiving jurisdiction of the Family Part and … weapons offenses. The judge then entered a memorializing order granting the waiver application. On January 25, 2013, …
- A-15-21 Opinionnjcourts.gov… claimed that under coercion, he drove his vehicle until ordered to pull to the side of the road. The men abducted … Rivas’s Miranda rights were violated on March 18, and its order suppressing Rivas’s confession elicited on that date, … claimed that under coercion, he drove his vehicle until ordered to pull to the side of the road. The men abducted …
- A-75-20 Opinionnjcourts.gov… the death of another person,” in violation of the tenets of order and civility codified under N.J.S.A. 39:4-129, … finality. State v. Sanders, 107 N.J. 609, 619 (1987). In an order dated June 26, 2020, the Appellate Division denied the … to a five-year term of imprisonment because the remand ordered by the Appellate Division merely directed the trial …
- A-73-20 Opinionnjcourts.gov… likelihood that Acoli would reoffend if released and ordered that Acoli be placed on parole. The Court reversed … to justify Acoli’s continued imprisonment. It therefore ordered his release. This Court reversed on procedural … the Turnpike shooting, Acoli had been convicted of disorderly conduct and possession of marijuana in 1965, and …
- 006648-2013 Opinionnjcourts.gov… plaintiff submit a copy of the recorded Quitclaim Deed in order to process the Petition of Appeal. On May 3, 2013, … However, the “deed does not need to be recorded. . . in order to pass title.” H.K., supra, 184 N.J. at 382 (citing … that he relied upon. The expert testified that in order to determine his land value, he identified one land …
- BER-L-3477-16 Opinionnjcourts.gov… memorandum for the sale of Class B membership units in order to raise $4,500,000 in capital for the Bensi Venture … Conveyance/Transfer Agreement” with Mr. Ben-Yishay. In order to accomplish this, Jorge Ramirez, Elsa Osso, and … and that the moving party is entitled to a judgment or order as a matter of law.” R. 4:46-2(c). In Brill v. …
- A-4012-14T2 Opinionnjcourts.gov… imposed was excessive. He also challenges a court order denying his motion to suppress evidence. Based on our … Officer Marco Clavijo stopped defendant's vehicle, ordered defendant to exit the vehicle, and immediately … had concealed the crack cocaine in his buttocks" in order "to hinder his detention or his apprehension, the …
- njcourts.gov… circumstances,” and “result[s] of such conduct” in order to constitutionally convict defendant of a crime. (pp. … must prove one or two or three beyond a reasonable doubt in order to disprove self-defense. Said differently, if the … to which self-defense prong or basis they are rejecting in order to reach a guilty verdict. 20 The State responds that …
- njcourts.gov… liability for conspiracy, and it issued a superseding order to that effect. On appeal, C & F argues that the trial … "to affect the financial markets in New York in order to cause harm to a Canadian corporation." Id. at … "that a superior officer, in the course of employment, orders, participates in, or ratifies outrageous conduct" of …
- njcourts.gov… Division judge denied the motion in a February 7, 2022 order, from which defendants now appeal. Having considered … [e]state and the [t]rusts," filed a verified complaint and order to show cause against defendants "in their capacity as … Following oral argument, in a February 7, 2022 order, Judge Edward A. Jerejian denied defendants' motion to …