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… 25, 2020 order denying their motion to dismiss plaintiff's complaint and compel arbitration. We conclude the judge 3 A-0519-20 erred … 5 A-0519-20 On appeal, defendants raise the following points for this court's consideration: POINT I THE [JUDGE] …
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… IN ADMITTING THE VIDEOTAPED STATEMENT OF THE FIVE-YEAR- OLD COMPLAINANT UNDER THE TENDER YEARS EXCEPTION TO THE HEARSAY … BECAUSE THE INTERVIEWER FAILED TO EXTRACT A PROMISE FROM COMPLAINANT TO TELL THE TRUTH OR OTHERWISE DISCUSS TRUTH AND LIES WITH COMPLAINANT. U.S. CONST. AMEND. VI, XIV; N.J. CONST. ART. I, …
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… Part order denying his application to file a third-party complaint impleading his emancipated son, Edmund, as a … 8 A-4080-19 On appeal, plaintiff raises the following points for our consideration: POINT I: PURSUANT TO [RULE] … fees to defend himself were appropriate considerations. See Diehl v. Diehl, 389 N.J. Super. 443, 455 (App. Div. 2006) …
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… August 9, 2018 amended order dismissing the first amended complaint with prejudice, and a January 25, 2019 order … for variances to renovate the Tavern for residential and commercial purposes that are unrelated to the present … related to hours of outdoor use, noise levels, and required communication with local police for gatherings of fifty or …
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… the driver of a vehicle, 10 A-1865-19 or its occupants, is committing a motor-vehicle violation or a criminal or … the person's liberty has been restricted." State v. Bacome, 228 N.J. 94, 104 (2017) (citing State v. Smith, 134 … removal from a car stopped for a motor-vehicle violation. Bacome, 228 N.J. at 105. Under New Jersey's Constitution, …
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… that term. On appeal, defendant argues that the trial court committed plain error in three separate aspects of its jury … out of concern, she texted her mother, telling her not to come home. Defendant discovered the warning text on his … (citing Chapland, 187 N.J. at 288-89). An essential ingredient of a fair trial is that a jury receive adequate and …
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… charge. However, in defendant's pre-sentence report (PSR) completed on or around May 10, 2013, defendant stated, "I … which was entered with regard to an eluding charge. He points to after acquired information, specifically a memo … defendant asserts a colorable claim of [i]nnocence. He points to the [Timek] deposition and memo. However, …
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… by yelling "No, fuck you." All of them ignored his command.2 Devlin remained outside the residence and waited … of the home. A limited credentials search was an expedient, safe, and unobtrusive option under the circumstances. … at 450. It also held that an officer's "convenience and expediency" does not invalidate the officer's requirement to …
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… the allegations that he possessed child pornography on his computer, and that some of that pornography was available for download by other users of a peer-to-peer computer network. The events leading to the indictment … was able to download three video files depicting sex acts committed with prepubescent children from a specific "IP …
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… murder, N.J.S.A. 2C:11-3(a)(1), first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1), second-degree … or tan, stopped at an intersection in front of an apartment complex. Police eventually identified the car, captured on … for copies of Forbes's statement. "An essential ingredient of a fair trial is that a jury receive adequate and …
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… participation would have 6 A-0525-20 affected the outcome. In fact, defendant did not even identify sidebars of … Now on appeal, defendant raises the following three points: POINT I THE PCR COURT ERRED IN DENYING [DEFENDANT'S] … to refute the expert testimony. 14 A-0525-20 Defendant also points to a perceived inconsistency in I.C.'s testimony— …
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… the individual. Because without that contact, the citizen's complaint cannot be investigated reasonably. . . . I think reality and common sense have to guide this [c]ourt in looking at the facts of this case. And the reality and common sense that the [c]ourt is applying is that …
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… GROUP a/k/a THE HARTFORD d/b/a HARTFORD FIRE INSURANCE COMPANY, STRATEGIC INSURANCE PARTNERS, INC., PHILIP D. … Plaintiff submitted a claim to defendant Hartford Insurance Company for business interruption coverage under a one-year … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). Thus, in the absence of a …
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… Cooper, school principal, emailed plaintiff regarding complaints from parents of children in plaintiff's class. … N.J.S.A. 10:6-2(c). 3 A-1967-20 Subsequently, Dr. Cooper recommended the Board terminate plaintiff's employment. On the … Civil Rights Act claims. We disagree on each of these points and affirm in part for the reasons that follow. A. In …
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… and the search of the interior of the vehicle did not comply with the plain view doctrine. Defendant also … suppress was heard and decided in 2013. Defendant's trial commenced in September 2017, and he pled guilty in October … on September 6, 2018. The briefing on this appeal was completed in April 2020, after the parties were granted …
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… drove to that address in an unmarked police vehicle, accompanied by Detectives Russell Curving and Mario Formentin. … small digital scale on the front passenger seat. Defendant complied with the detectives' orders and was handcuffed by … had formed prompting police to take immediate action to complete their business and retreat from the scene. Indeed, …
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… her car when she drove through the front façade of a commercial building and into a pizza shop. Three individuals … the State agreed to dismiss the remaining two counts, recommend noncustodial probation with "all conditions to be … of trial counsel under the Strickland/Fritz test. In a comprehensive oral decision, the trial judge appropriately …
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… term (FET). On appeal, McBrearty raises the following points for our consideration: POINT I THE STATE PAROLE BOARD … "a substantial likelihood existed that [McBrearty] would commit a new crime if released on parole at this time" and a … of [the] offense(s)"; the fact that McBrearty was committed to incarceration for multiple offenses; …
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… THERE WAS NO EVIDENCE OF [DEFENDANT'S] GUILT UNDER THE ACCOMPLICE-LIABILITY THEORY THE STATE EXPLICITLY TOLD THE … the Applicable Law to the Grand Jury and Its Inclusion of Accomplice Liability in the Indictment, It Could Not Retreat … to Instruct the Grand Jury to Consider Only a Theory of Accomplice Liability. B. The State Provided No Evidence to the …
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… additional delivery of cocaine. Defendant told the CI to come to his apartment. Detectives maintained visual … This appeal followed. Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE ERRONEOUSLY FOUND … Ribeiro's affidavit. 12 A-5553-16T3 Specifically, defendant points to the affidavit's omission of a statement made by …