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njcourts.gov
… without offering or intimating any view about the parties' competing allegations in that regard, we remand for findings …
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… missing court appearances — up about 4 percentage points — the effect on the time it takes to resolve cases … of defendants released without conditions, 88%. The comparable figure for Cape May and Cumberland counties was … but Atlantic officials should review their practices and outcomes to ensure they’re not erring on the side of …
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#03-98
Administrative Directives
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… Administrative Conference on June 2, 1998, approved the recommendation of the Criminal Practice Committee for revision to the Judgment of Conviction. The … of a Motor Vehicle In June 1997 the Supreme Court, after recommendation from the Criminal Practice Committee, approved …
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… without expert testimony; (2) the prosecutor's improper comment in summation undermined defendant's right to remain … of September 6, 2019, when D.D. did not log into her computer for work as expected and did not respond to phone … This appeal followed. Defendant raises the following points for our consideration: ## POINT I [DEFENDANT'S] …
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… may not have been summarized.) David Spade v. Select Comfort Corp. (A-57-16) (078611) Argued November 8, 2017 -- … 2. Is a consumer who receives a contract that does not comply with the Furniture Delivery Regulations, but has not suffered any adverse consequences from the noncompliance, an “aggrieved consumer” under the TCCWNA? In …
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… to pick up her daughter by 3:20 p m. The detectives did not comment on her time constraint. Detective Wilden then asked … ain’t missing out of there.” In response to defendant’s comment, the detectives began taking everything out of her … issued through New Jersey’s “Families First” supplemental income program. He asked defendant if the cards were hers. She …
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… Inn motel in Neptune City. She called the front desk to complain she had been bitten by bed bugs. The motel owner … of the tote bag. Whenever a defendant is charged with committing a possessory drug offense -- as in this case -- … is therefore subject to suppression. Nor can the evidence come in through Shaw’s confession. (pp. 34-36) 6. The State …
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… evidence. When an officer was called to investigate a noise complaint at an apartment complex, he saw defendant James L. Legette standing on a common porch. As the officer approached, Legette opened the …
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… driver’s high beams are on when his vehicle approaches an oncoming vehicle. Here, Officer Cohen testified without … concluded that the stop could not be justified based on the community-caretaking exception to the warrant requirement … car violated the high-beam statute because there were no oncoming vehicles approaching it. In light of the unambiguous …
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… question was newly discovered and would have altered the outcome of his trial, or his counsel had the critical evidence … Present in the apartment that evening was an overnight visitor -- Maurice Thomas, Arlene’s boyfriend. According to … with relatives. During his testimony, Hannah made several points. He stated that at the time of the killings of …
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… failing to act with reasonable diligence. Sixth, no other competent counsel was prepared to try the case: defendant … not yet approached his family or private counsel. As to the complexity of the case, the eighth factor, no defendant can … counsel of choice in accordance with settled case law. To accomplish that, trial judges should ask defendants questions …
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… confirmed Rafferty “was the only one who was willing to come in and give a statement.” Abate testified he obtained … entirety, the detective’s testimony, in context, did not compel the inference that he had superior knowledge … of defendant’s position, the Public Defender adds three points. First, phrases such as “upon information received” …
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… or of low moral character, but rather to demonstrate who committed the acts at issue. The Rape Shield Law does not … represents sufficient evidence that another person may have committed the crime for which defendant was on trial. (pp. … used as evidence of third-party guilt. Regardless of these points, the State also argues the failure to admit the …
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… further pointed to other investigatory failings or shortcomings, citing as “shocking” the failure to interview … of another swab. Moving on to the State’s application to compel defendant to provide a new buccal swab under Rule … result of flagrant police misconduct. 1. A buccal swab is a common method to collect specimen material for DNA testing. …
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… to determine whether the search of defendant’s hotel room comported with the dictates of both the Federal and State … officer radioed Officer Armstrong, requesting that he come to the “security podium” in the casino. There, … departed. In Officer Armstrong’s experience, it was not uncommon for a victim to leave after reporting a crime, …
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… for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. … of limitations applies to Spill Act claims. Plaintiff points out that the Spill Act itself contains no statute of … elsewhere in the Spill Act. Specifically, plaintiff points to N.J.S.A. 58:10-23.11k, which mandates that claims …
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… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking … been correct. Generally, erroneous instructions on material points are presumed to be reversible error. (pp. 15-16) 2. … at 688. Generally, “‘erroneous instructions on material points are presumed to be reversible error.’” McClelland v. …
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… a small item to the buyer. The trooper also observed, coming from 815 Line Street, a third unknown black male who … As evidence that 820 Line Street was abandoned, the State points to, among other things, the “broken first-floor … has an owner of record. Indeed, it is recognized that “for common law purposes real property cannot be abandoned.” …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … the provision until now. Ibid. In support, Plaintiff points to Defendants’ word choice in the Seventh and Ninth … to satisfy the statute. Id. at 6–7. In support, Plaintiff points to those portions of N.J.S.A. § 3B:1-4 which read: “A …
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… N.J.S.A. 2C:14-2(a)(5); first-degree sexual assault by committing an act of sexual penetration on S.S. knowing she … N.J.S.A. 2C:14-2(a)(5); first-degree sexual assault by committing an act of sexual penetration on S.S. knowing she … disability' is currently accepted in the medical community to 'describe the identical phenomenon.'" Id. at …