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… allow discovery regarding late-discovered evidence and to accommodate jurors' vacation plans, a careful review of the … IMPOSED IS EXCESSIVE a. The [c]ourt below failed to credit Mr. Gutierrez with all applicable mitigating factors … 32 A-4606-14 uniform markers. The markers shall be deposited in a box. b. The box containing the markers shall be …
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… Harvey argued the cause for appellant (Lomurro, Munson, Comer, Brown & NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … of patients and also to protect the hospital from potential future liability . . . ." The FHC also determined "it did … must accept as true the facts alleged in the complaint, and credit all reasonable inferences of fact therefrom, to …
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… one and two); and two counts of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) (counts … defendant's interaction with Officer Archibald, the judge posited that he must "consider whether . . . defendant was … [would] feel that they are not going anywhere. To his credit, Officer Archibald indicated that [defendant] . . . …
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… Nurseries, LLC (Holmdel or the LLC), including workers' compensation coverage. Plaintiff alleged Purdy was negligent … to supply, because of his failure to exercise the requisite skill or diligence, he becomes liable to his principal … See also Touch of Class Leasing v. Mercedes-Benz Credit of Canada, Inc., 248 N.J. Super. 426, 441 (App. Div. …
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… and Smith. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2963. Nathan M. Edelstein argued … and misnamed another witness whose testimony the ALJ credited. M.M. also notes that the initial decision twice … that action may be taken to remedy discriminatory conduct visited on State employees even where that conduct does not …
njcourts.gov
… and Smith. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2011-3536, 2011-2422, 2011-4168, … including a significant budget deficit that affected its credit and bond ratings. Needing to reduce personnel costs, … that may be deemed appropriate," "for certification against future vacancies." In addition, the letters informed the …
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… SIGNED BY A NON-TESTIFYING POLICE OFFICER VIOLATED THE RULES OF EVIDENCE AND THE CONFRONTATION CLAUSE OF THE NEW … Avenue in Newark, "a mixture of residential homes" and "commercial establishments," Detectives Ozzie Ryals and … disputing that [a] defendant would not be entitled to jail credit for the time he spent on probation or on bail prior …
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… Paden-Battle of kidnapping Regina Baker, conspiracy to commit kidnapping, and felony murder. The jury acquitted … 9:00 p.m., on June 16, 2012, who was approached by four females and three males looking for Regina Baker. This woman … in its brief that "[i]t was not improper for [the judge] to credit evidence that the jury did not." We disagree. "An …
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… DIVISION DOCKET NO. A-5240-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.Y., SVP-545-09. ____________________________ … and MnSOST- R2 actuarial instruments to assess his future sex offender risk. Dr. Gomberg's 1 "The Static-99 is … and opinions of Drs. De Crisce and Carmignani, which he credited, and the testimony of Dr. Zakireh, whose theory …
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… 6:30 p.m. on July 9, 2013, Chang responded to a call from Commercial Avenue in New Brunswick and spoke to the caller, … uncorroborated anonymous tip that did not provide the requisite reasonable suspicion to justify the subsequent … was knowing, voluntary, and legally obtained, the judge credited Epstein's testimony, which was supported by the …
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… the existence of a separate regulatory scheme will "overcome the presumption that the CFA applies to a covered … amount of the loan with loan-related services, such as credit insurance, that the borrower does not want. Id. at … to CFA liability.13 No Supreme Court decision has revisited the learned professional doctrine since the Court …
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… Dairy ("COL") and dismissal of their class-action complaint alleging a failure to pay overtime wages in … Plaintiff identifies information on defendant's website suggesting that defendant may manufacture some of its … and February 2017. These records reflect that plaintiff was credited with eight hours of days for each day he worked, …
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… extend the hearsay exception in N.J.S.A. 9:6-8.46(a)(4) to future termination proceedings, if it chooses to do so in … visitations with Calvin, noting that defendant had not visited his son since April 2014, a gap of almost two years. … defendant's failure to obtain suitable housing. The judge credited Dr. Smith's testimony that these failures had …
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… DIVISION A-1035-20 2 order (FERPO) that would have compelled D.L.B. to surrender her firearms. The State … a preponderance of the evidence that D.L.B. posed the requisite danger to self or others. N.J.S.A. 2C:58-24(b). Because … clear statement of . . . what happened that day." The court credited D.L.B.'s statement that the gun was not loaded when …
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… because the court failed to properly instruct the jury on lesser-included offenses. State 1 Brady v. Maryland, 373 … She baked him a cake to celebrate and expected him to come home that evening after work, but she did not see him … theft by deception and fourth-degree fraudulent use of a credit card; October 15, 1999 convictions for four counts of …
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… for [her] depression." During that time, the Division visited Amy at her then-boyfriend's home to discuss steps to … him at the time of that evaluation or in the foreseeable future. In conducting the bonding evaluations, Dr. Brandwein … medical care while doing so in a loving manner." The court credited Dr. Brandwein as a "very credible expert witness," …
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… their convictions and sentences for murder, conspiracy to commit murder, aggravated assault, and theft. Each defendant … (JOC). Defoe's JOC was amended to reflect his proper jail credits. These two appeals followed. On appeal, Ellis raises … At 11:22 p.m., defendants are seen on the video on the opposite side of the street at 110 Oak. According to the …
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… the two. On the same date, the Division adoption worker visited defendant to advise him that the case had been … of [L.J.F.-W.] at the time and within the foreseeable future." Lee again recommended "other permanency for … with the goal of adoption. In his decision, the judge credited each witness's testimony 3 It was later discovered …
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… the hard drive [gets put "back into] service" for use in future cases. 24 A-3822-22 [Earley, slip op. at 9-10 (third, … turning over, or retention of evidence. The court credited Dougherty's testimony that she reviewed the footage … 508, 511 (Ala. Crim. App. 2007)). Here, the PCR judge posited that the issues "presented in conjunction with the …
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… The wallet also contained a health card and Perricone's credit card. 5 A-3764-22 DeShader approached Robinson and … and observed surveillance cameras. DeShader checked the angles of the cameras to determine whether they could have … defendant "just started wailing" on him and "beat him senseless." Charlton 8 A-3764-22 said defendant told him, "every …