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… victim in the head during a drug transaction, a murder he committed when he was sixteen years old. After merger, the … TESTIFY IN HIS OWN DEFENSE. REVERSAL IS REQUIRED. II. THE COMPLETE LACK OF ANY JURY CHARGE ON IDENTIFICATION – WHEN … in failing to instruct the jury that the "State has the ultimate burden of proving the identity of the perpetrator …
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… on the seized evidence. Defendant also claims he was not competent to stand trial and his due process rights were … without ordering a psychiatric examination to test his competency. Defendant further appeals from his judgements of … suspicion necessary to conduct the protective frisk that ultimately yielded the discovery of the CDS. Although Zepeda …
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… and killed. Defendant was charged by a grand jury with committing a knowing/purposeful murder in the course of a … defendant, who was nineteen years old when the homicide was committed, contends the matter must be remanded for … went to school up to and including the twelfth grade, and ultimately received a GED. After confirming defendant could …
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… [I] THE TRIAL COURT ERRED IN FAILING TO INCLUDE IN ITS ACCOMPLICE LIABILITY CHARGE THE LANGUAGE REQUIRED BY STATE V … his testimony at defendant's trial, the State agreed to recommend a five-year sentence of imprisonment on the robbery … either a jury taint or a substantive interference with the ultimate course of the deliberations beyond that necessarily …
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… activity." Troopers Michael Falciani and Carl Kite accompanied Ehret. The troopers "observed a blue Honda … of unheard of." Rodriguez also testified that it would be common for a "street level [drug] dealer to have a large … Berry's testimony should not have been admitted. But, ultimately, the error was harmless. "[T]o warrant reversal …
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… INFRINGED ON THE JURY'S ROLE TO DETERMINE WHETHER DEFENDANT COMMITTED THE CHARGED OFFENSES. POINT IV THE TRIAL COURT … "THE DEFENDANT WAS UNDER 26 YEARS OF AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE," N.J.S.A. 2C:44-1(b)(14), AND … admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact." Our case …
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… was arrested in Camden on January 1, 2017, and charged in a complaint-warrant with: second-degree illegal possession of … 2C:39-9(e). The affidavit of probable cause supporting the complaint-warrant stated that defendant was found to be in … is not a final adjudication of contested facts and does not ultimately affect either defendant's trial on the merits or …
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… defendant. The three witnesses, two of whom were only forthcoming after their own arrests on unrelated matters, gave … A NEW TRIAL AFTER THE VERDICT. POINT TWO THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT FAILED TO INSTRUCT THE … upon it, so long as he clearly leaves to the jury . . . the ultimate determination of the facts and the rendering of a …
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… the school district officials about what A-3972-14T4 7 may comprise or reveal personally identifying information in … under OPRA, and also unavailable under the A-3972-14T4 9 common law right of access, please provide a complete … former pupils of any school district."). The 1944 statute, ultimately codified at N.J.S.A. 18:2-4.1, did not …
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… Appellant/ Cross-Respondent, and NEW JERSEY CASKET COMPANY, INC., Defendant-Respondent/ Cross-Appellant. … 1415 Park Avenue, LLC, 9th Monroe, New Jersey Casket Company, 900 Monroe Hoboken and BIT Investment (Kevin J. … 386 (2013). In evaluating this question, 31 A-1499-17 the ultimate objective [is] fairness to both the public and the …
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… placed a large order, and requested cashback. Assante completed the order and gave defendant cashback. A few days … might not be in these pictures" and Nilli should not feel compelled to make an identification. Additionally, the … not explore the estimator variables. Id. at 290-91. The ultimate burden though "remains on the defendant to prove a …
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… go." She tried to escape from the man, and he was saying: "Come on let's go over there." A.G. started yelling when she saw a woman, Barbara Fernandez, come outside. A.G. looked at Fernandez and "knew" Fernandez … Wright, 97 N.J. 113, 120 n.4 (1984)). In Alston, the Court ultimately concluded that a suspect's statement: "Should I …
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… two of them expressed that the incident had made them uncomfortable or nervous. Defense counsel moved unsuccessfully … Anthony Baines's conviction of murder, conspiracy to commit murder, and unlawful possession of weapons. The … also charged with the same offenses as defendant, and they ultimately entered into plea agreements with the State. …
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… as well as flood hazard areas. The Toms River Chemical Company developed 320 acres of the property for the … in 1952 and was "scaled back" in the early 1980's, when the company was acquired by CIBA. On April 24, 1989, the EPA … that effect was unlikely. Indeed, the zoning ordinance was ultimately amended to remove high-density housing, and the …
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… twice a month and 5 A-4883-18T3 plaintiff would sometimes accompany him, plaintiff stated that "he was primarily living … enforceability of the Agreement. Plaintiff and defendant ultimately signed the 9 A-4883-18T3 Agreement before a … you pay the taxes." On August 11, 2015, plaintiff filed a complaint seeking enforcement of the Agreement and …
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… internal medicine at Jersey City Medical Center, which he completed in June 1996. From July 1996 until August 1998, … in November 1999. Defendant filed five domestic violence complaints against plaintiff from June 2003 to September … Inc., 270 N.J. Super. 390, 395 (App. Div. 1994). The ultimate sanction of dismissal with prejudice must be …
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… (2017), applying those constitutional principles. Defendant committed felony murder as a seventeen-year-old juvenile in … period of sixty years. Defendant, who has already completed one of the thirty-year parole bars, filed a motion … judge's hands were not tied as much as he thought, because ultimately the sentence imposed must be a constitutional …
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… 2017 judgment of conviction and sentence for conspiracy to commit first-degree robbery, third-degree possession of a … to rob a gas station.2 1 In our separate opinion in the companion appeal filed by Charles, we reversed Charles's … statement was admissible in evidence. Moreover, the ultimate use of Herbert's denial that a certain phone number …
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… elements using colored pencils. Because several students complained they did not understand Loreno's assignment, … the assignment to the students and gave them two weeks to complete it. Following the two-week period, more students … from defendant terminating her employment. The decision was ultimately made by Haggerty, on advice from Frederique and …
njcourts.gov
… Jersey, Law Division, Camden County, Docket No. L-0350-17. McOmber McOmber & Luber, PC, attorneys for appellant (R. Armen … Significantly, this "burden merges with the plaintiff's ultimate burden of persuading the court that she or he was …