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… agreed to entry of a consent judgment. The judgment ordered Cernadas, who had served as president of Local 1235 … and resign from any position he held with the ILA. The order further permanently enjoined him "from engaging in … application. Based on those findings, the Commission ordered the immediate revocation of Amado's registration. …
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… seized cell phones, cameras, laptops, DVDs, and a VHS recorder. Soohoo gave a statement to police, which she later … acts is not admissible to prove a person's disposition in order to show that on a particular occasion the person acted … the child. In Hackett, our Supreme Court held that "[i]n order to constitute fourth- degree lewdness then, the nudity …
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… identifications. We will address the arguments in the order they were raised by defendant. A. Defendant's … in any form." Terrell, 359 N.J. Super. at 247. Courts have ordered new trials or reversed convictions based on … State v. Sherman, 230 N.J. Super. 10, 19 (App. Div. 1988) (ordering a new trial after the assistant prosecutor "used …
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… he saw the 2 We refer to witnesses by their initials in order to protect their privacy. 6 A-1406-17T2 attacker run … him that we have to proceed through the rules and in an orderly fashion to get him his fair trial and any outbursts … of acquittal. However, a trial court is to enter an order for a judgment of acquittal only "if the evidence is …
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… POINT I REVERSAL OF DEFENDANT'S CONVICTIONS SHOULD BE ORDERED BECAUSE HE WAS DENIED DUE PROCESS AND A FAIR TRIAL … POINT II REVERSAL OF DEFENDANT'S CONVICTIONS SHOULD BE ORDERED BECAUSE HE WAS DENIED HIS RIGHT TO PRESENT A DEFENSE … sheet so the jury can determine the date of each crime in order to ascertain which version of NERA applies. If the …
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… 6 A-4587-17T2 The court entered an August 21, 2013 order, accompanied by written decision, denying the … conclusion, issuing an April 20, 2018 oral decision and order denying the motion. This appeal followed. The appeal … to supplement the record. We entered a November 19, 2018 order allowing Smith to file an amended notice of appeal …
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… the next deviation, and it [has] to be an exact replica in order to make an identification. If you find one … 'need not be dispositive or even strongly probative in order to clear the relevancy bar.'" (quoting State v. Cole, … to select any photograph. There is no significance to the order in which the photographs are displayed. Even if you …
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… for the receiving stolen property conviction. The court ordered that the sentences run consecutive to defendant's … to make the required findings and apply A.G.D. correctly in order to determine whether defendant's waiver of his right … IV. Because we have vacated defendant's conviction and ordered a new trial, we need not address defendant's …
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… and remanded in part the trial court's post-judgment order adjudicating plaintiff M.S.'s request to terminate or … op. at 1). Plaintiff now appeals from a February 5, 2020 order denying the modification of alimony and granting … in circumstances. The motion judge agreed and entered an order reducing alimony to $73,500 per year retroactive to …
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… N.J.S.A. 2C:5-2(a)(1) and 2C:15-1(a)(1) (count four); disorderly persons simple assault, N.J.S.A. 2C:12-1(a)(1) (Paz) … 1990, at least a dozen indictable convictions, and many disorderly persons and petty disorderly persons convictions. Defendant appeals. We affirm. …
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… of counts one (armed robbery), three (burglary), the disorderly persons offense of simple assault as a lesser- … prison term concurrent to count one. Defendant was ordered to pay restitution to two of the victims. Because … The thin masked man pointed a gun at C.S. and T.K. and ordered them to get on their knees and crawl on the floor to …
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… and this appeal ensued. Before us, plaintiffs appeal the orders denying their motions for a new trial and to vacate … now retired, did a commendable job maintaining the order and dignity of the courtroom, but only by frequently … the judge sustained the objection. In sum, we affirm the orders denying a new trial based upon alleged McKenney …
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… 2 A-1688-19 Defendant James R. Stewart appeals from an order denying his petition for post-conviction relief (PCR) … shown the recording prior to trial,. The court entered an order denying the PCR petition. This appeal followed. … id. at 611, 617 (quoting Strickland, 466 U.S. at 694). In order to prevail on his claim appellate counsel was …
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… PREDICATE FELONY SHOULD BE CONCURRENT. POINT V THE COURT ORDERED THE SENTENCE ON COUNT 5 TO RUN CONCURRENTLY TO THE … this issue. It has long been held that mistrials are to be ordered with the "greatest caution." State v. Witte, 13 N.J. … robbery of Radee Foye). That sequence clearly tracks the order of 24 A-2356-18 the counts in the indictment. It …
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… were captured on the police car's mobile video recorder (MVR). And two local officers on routine patrol saw a … on count six. The sentences on all remaining counts were ordered to run concurrently with one another, except for … and six (unlawful possession of a defaced firearm); and (3) ordering restitution without first determining defendant's …
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… court erred in denying her motion to adjourn the trial in order to retain a new expert and in finding the New Jersey … R. 1:38-3(d). Defendants P.J. and S.H. did not appeal the order terminating their parental rights. 2 M.K. was born in … that defendant functioned "in the [e]xtremely [l]ow to [b]orderline [r]ange of intellectual ability." In addition, the …
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… Gathman appeals the Law Division's summary judgment order dismissing with prejudice her first amended complaint … its reasoning in a ten-page, single-spaced rider to its order. 2 Linda Martin, Alberto Lugo, and Daniel Straus were … and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). We consider whether …
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… In this appeal from the February 13, 2020 Law Division order denying his petition for post-conviction relief (PCR) … [was] beginning to develop a more specific psychiatric disorder." After defendant was sentenced, he appealed his … doing in that moment." Following the argument, we issued an order stating: Having considered the record and argument of …
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… retaliation, N.J.S.A. 2C:28-5(b), reverse the trial court order denying his motion to suppress statements made during … with receiving stolen property. He was later released and ordered to have no contact with A.S. On October 11, 2018, … July 5, 2019, the trial court issued a written decision and order denying the motion. The charges subsequently proceeded …
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… ab initio, which the judge denied. A.A. appeals from that order. 1 In re Registrant R.B., 376 N.J. Super. 451, 464 … department] ASAP. We will need copies of his entire file in order to tier him once he registers. The SPO then responded: … in July 2018. On September 5, 2018, the judge issued the order and written decision denying his motion, which led to …