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… observed a person, who was later identified as defendant, "coming between two cars that were parked on the side of … defendant to put his cell phone down, but defendant did not comply. Salhanek was concerned defendant was attempting to … approximately one hundred gun investigations and the most common areas where handguns are stashed are in the "front …
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… Instead, on his own motion, the judge determined that he committed prejudicial error during the trial by not … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 … or contradictory; 2) that the evidence was discovered after completion of the trial and was 'not discoverable by …
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… near the scene. DNA recovered from the jacket and cap was compared to a DNA sample obtained from defendant. The … turn our attention to defendant's argument that the judge committed reversible error by failing to define the elements … 281, 287 (1981), and "'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… was not informed that his plea might subject him to civil commitment under the Sexually Violent Predator Act (SVPA), … been advised that he was subject to potential civil commitment under the SVPA. I Defendant seeks to withdraw a … was informed that his conviction could subject him to civil commitment under the SVPA. On February 27, 2004, defendant …
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… Defendant-Respondent, and TRAVELERS INSURANCE COMPANY, Defendant. ____________________________ IN THE … further asserts the motion judge engaged in an ex parte communication with respondent Acosta. Because respondents … order, without including Mescall, constituted an ex parte communication in violation of Rule 1:2-1. On August 10, …
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… than defendant and Coleman was seen by the officers at the site of the crash and no other person was observed exiting … to which defendant was pleading guilty and his failure to complete a drug rehabilitation program. 5 A-0923-20 … was uninformed because his attorney did not effectively communicate with him, show him discovery, investigate the …
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… attorneys for intervenor- respondents Bil-Jim Construction Company and Maple Lake, Inc. (Naomi D. Barrowclough, on the … and dredge, pump and screen the sand the storm had deposited in them, redistributing it on the coastal barrier … basis of the court's liability holding here. As the State points out, the court dismissed CrowderGulf's claim for …
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… of a final restraining order; has never been civilly committed or hospitalized for mental health issues; has no … that their divorce will be "contentious . . . in the upcoming weeks or months." Indeed, A.K. testified that he … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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… _________________________________ 1 The complaint was originally filed by Dorothy Patterson, … of decedent's estate. In the interim between the complaint's filing and this appeal, plaintiff was appointed … same standard as the motion judge and consider "whether the competent evidential materials presented, when viewed in the …
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… indictment charging defendant with disrupting or impairing computer services, N.J.S.A. 2C:20-25(b), impersonating … the same events. The State presents us with the following points of argument: POINT I WHILE THE TRIAL COURT INITIALLY … caused a series of "spam" attacks to be made on a Utah website that was an integral part of the victim's New …
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… N.J.S.A. 2C:24-4(a). He was also charged under a separate complaint with second-degree sexual assault, N.J.S.A. 2C:14- … the sexual assault charge. The State also agreed to recommend a three-year term of imprisonment rather than seek … our decision as it pertains to the arguments in defendant's points I and II.B. Defendant failed to establish any basis …
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… defendant driving a blue Mitsubishi Galant in the opposite direction. Detective Guzman followed defendant because … but the police arrived before the transaction could be completed. On cross-examination, Kochick testified he could … RECOLLECTION RECORDED AND PROVIDING THE JURY WITH THE ACCOMPANYING TRANSCRIPT. POINT THREE THE TRIAL COURT ERRED IN …
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… to the continuing evolution of forensic science and the complexity of the forensic findings in this case, it was … In his pro se supplemental brief, defendant raises several points for our consideration, which we discuss seriatim. … in a written opinion. R.2:11-3(e)(2). In the remaining points of his pro se submission, defendant argues that the …
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… November 12, 2020 2 A-1039-19T1 This appeal arises out of a commercial dispute concerning the development of software … business in Seoul, South Korea. Genesis acts as a holding company, meaning it holds stock in other corporations that … to 2009, plaintiff was asked to develop a point-of-sales computer system for use by BBQ USA in its restaurants in the …
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… $207 per week for the two children based on plaintiff's income of $96,000 per year and defendant's imputed income of $30,000 per year. Plaintiff's child support … obligation continued until the children turned eighteen or completed four continuous years of full-time college …
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… was present in the vehicle with him or that defendant committed the robbery. Counsel asserted Sutton's defense was … by Sutton's counsel by reminding the jury that counsel's comments are argument and not evidence. The prosecutor … could return a verdict of not guilty by believing both completely. Under those circumstances, defenses are not …
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… from his bench trial conviction for violating a term of his Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d), … 5, 2017 deadline, Neptune Police Detective Michael Adam visited the address that defendant had listed in his 2016 … clear beyond a reasonable doubt." Harvey v. Bd. of Chosen Freeholders of Essex Cnty., 30 N.J. 381, 388 (1959) (citing …
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… with the following offenses: second-degree conspiracy to commit theft by deception and financial facilitation, … view in the living room were an HP Laptop, a MacBook Pro computer, several iPhones, a Nokia cell phone, a Samsung T- … Harrah's Casino Resort, took photographs of the checks, deposited the checks and then used the photographed copies to …
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… was open; that is the State did not make a sentencing recommendation but reserved the right to argue for a sentence … a reasonable person would believe to be affirmative and freely-given permission to the act of sexual penetration." … and that it was accomplished without the affirmative and freely-given permission of the . . . victim." Id. at 448. …
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… feet. 3 A-2936-18T3 The shopping center has a number of commercial tenants, including Stop and Shop, PNC Bank, … the use for which it was intended." See 7 A-2936-18T3 also Freehold Borough v. Nestle USA, 21 N.J. Tax 138, 153 (Tax … of an added assessment. However, the governing case law points to a different conclusion. In Harrison Realty Corp. …