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- A-5610-17T4 Opinionnjcourts.gov… appeal from the Law Division order dismissing their complaint against defendant,2 after a jury returned a … "out the window to see if there was any rain, or anything coming down." Feeling no precipitation, she decided to walk … Natoli, water from defendant's roof would accumulate in the gutters of defendant's home, and proceed through the …
- A-3778-14T3 Opinionnjcourts.gov… issues of law de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). In order for … here. To demonstrate how the trial court's findings were incomplete, we turn first to the governing principles of law. … took full responsibility for her actions, was contrite, and complied with the Division's services. Ibid. In light of …
- A-4161-14T2 Opinionnjcourts.gov… 2C:39-5(d) (count three); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. … the two men "to stop and get down," but they did not comply. He then observed Alston "drop an object onto the … police officer and the robbery victim more fully on certain points to impeach their testimony. During Alston's opening …
- A-1493-15T2 Opinionnjcourts.gov… DENIED DEFENDANT HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE BY STRIKING CERTAIN TESTIMONY IN SUCH A WAY … STATEMENTS. (Partially Raised Below). He adds the following points in a pro se brief: POINT I. APPELLANT'S CONFESSION … law, we affirm. The facts presented to the jury were not complicated. Following the end of his employment by the City …
- A-0704-16T1 Opinionnjcourts.gov… of shoplifting. One of the associates requested that she "come into their office," but Monzo did not comply. One associate then advised Monzo to return the … because I 7 A-0704-16T1 think it just highlights against points that the prosecutor was trying to make in the failure …
- A-3033-17T4 Opinionnjcourts.gov… Office of the Public Defender is authorized to maintain and compensate "trial pools of lawyers" on a case-by-case basis. … 6 A-3033-17T4 Defense counsel assisted defendant in completing and answering every question on the standard plea … once I sentence you this case is over, it is final, it is complete. Do you understand that? DEFENDANT: Yes. At the …
- A-3622-16T4 Opinionnjcourts.gov… to step out of the truck and get onto the ground. Defendant complied and Gassman ran over and handcuffed him. 4 … Haley appeared to be intoxicated and had difficulty complying with the order. Gassman helped Sites get Haley out … be someone hiding in the back section of the passenger compartment. In order to unlock the pickup truck's smaller …
- A-2896-17T3 Opinionnjcourts.gov… five counts of second-degree possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a). Defendant … rear of the vehicle he "smelled a strong odor of marijuana coming out of the vehicle." He said that Detective Allen, … caution in the belief that an offense has been or is being committed." Schneider v. Simonini, 163 N.J. 336, 361 (2000) …
- A-5375-16T4 Opinionnjcourts.gov… dollars monthly. On appeal, defendant raises the following points: POINT I THE PROSECUTOR'S REJECTION OF MS. PARKER'S … factor 4 and weighs in favor of admission. C. The State's recommendation of probation and the Court's finding of … consideration of Ms. Parker's application demonstrates compelling reasons to 4 A-5375-16T4 overcome the presumption …
- A-2574-15T5 Opinionnjcourts.gov… DIVISION DOCKET NO. A-2574-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF T.W., SVP-131-00. Argued October 2, 2018 – … T.W. is a sixty-three-year-old man who has been civilly committed since 2000 under the Sexually Violent Predator Act … 2 A-2574-15T5 17, 2017, following his most recent civil commitment review hearing. T.W. argues that those two …
- A-0738-15T4 Opinionnjcourts.gov… how to consider 6 A-0738-15T4 unrecorded statements, commonly known as Kociolek1 and Hampton2 instructions. … of the generally recognized risk of inaccuracy and error in communication 1 State v. Kociolek, 23 N.J. 400 (1957). 2 … stated: The question of whether [defendant] fled after the commission of the crime is another question of fact for you …
- A-5196-14T3 Opinionnjcourts.gov… "a substantial likelihood exists that [appellant] would commit a new crime if released on parole at this time." That … absence of a PSR. He asserted the panel members did not comply with their professional code of conduct and should … a "substantial likelihood exist[ed] that [appellant] would commit a new crime if released on parole at this time" and …
- A-42-23 Reply Brief Briefsnjcourts.gov… Baltimore, Maryland 21201 (410) 230-1300 rprather@bdlaw.com Date Submitted: May 2, 2024 (800) 4-APPEAL • (329404) … 7 Joint Anti-Fascist Comm. v. McGrath, 341 U.S. (1951) … the property was transferred. Specifically, as Intervenor points out, NJDEP specifically warned Clarios in January …
- njcourts.gov… Defendant also argues that the testimony was fresh complaint testimony, and the court further erred by not giving the proper instruction concerning fresh complaint testimony. Defendant also challenges his sentence, … the victim's testimony was not hearsay and was not fresh complaint testimony, we affirm his convictions. However, …
- A-0959-23 – STATE OF NEW JERSEY VS. ANTWIONE A. PARSLEY (12-01-0001, SALEM COUNTY AND STATEWIDE) Opinionnjcourts.gov… conspiracy to murder Hayes and second-degree conspiracy to commit aggravated assault upon Hayes. The State's theory at … of his own testimony was found to be credible, it would comprise the sort of evidence that could raise reasonable … his brief on the present appeal expresses those points as follows: POINT I DEFENDANT MET HIS BURDEN TO SHOW …
- njcourts.gov… by pointing out to the jury that these witnesses did not come forward with information about the crime until a second … for speaking to the police by showing they did not come forward until a second flyer offering a reward for the … witness was not a reasoned trial tactic. Here, as the State points out, the defense challenged the credibility of the …
- njcourts.gov… summary judgment dismissal of her premises liability complaint against defendants PDC 16-20 Hudson Place Realty, … ankle." At the Medical Center, plaintiff's triage nurse commented that plaintiff "slipped down [four] stairs." … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I THE ORDERS FOR SUMMARY …
- njcourts.gov… Township Board of Education's (Board) motion to dismiss the complaint. Kreyco brought this action for specific … (Agreement) between the parties. In dismissing the complaint, the trial judge found Kreyco's claims "hinge[d] … issue is to be determined by the Commissioner. The Board points to N.J.S.A. 18A:18A-3 and -5, both of which concern …
- A-2174-21 – STATE OF NEW JERSEY VS. RICKY GREENE (17-06-0718, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… Greene was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 15- 1(a)(1), but … 1(a)(1); first-degree robbery; second-degree conspiracy to commit robbery; disorderly persons simple assault, N.J.S.A. … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
- njcourts.gov… incidents of being sexually assaulted by defendant. After completing the interviews with the children, B.H. agreed to … [B.H.] told me to." Defendant then asked the detectives to come back into the room, and after being re-advised of his … had no merit. Defendant appealed raising the following points: POINT I DEFENDANT'S PETITION SHOULD NOT HAVE BEEN …