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- njcourts.gov… and 3) that the evidence 'would probably change the jury's verdict if a new trial were granted.'" State v. Ways, … this case, the fact finder at trial was Judge Guida, not a jury, and the judge explicitly found that favorable DNA … of a new trial as "the sort that would probably change the jury's verdict if a new trial were granted") (quoting …
- A-0063-18T4 Opinionnjcourts.gov… four). Defendant and Baylor were tried jointly before a jury. The evidence presented at trial established that on … Miranda v. Arizona, 384 U.S. 436 (1966). 4 A-0063-18T4 The jury found defendant guilty on all counts.2 The trial court … POINT III THE TRIAL COURT ERRED BY INSTRUCTING THE JURY THAT THE FACT THE DEFENDANT GAVE A FALSE NAME TO THE …
- A-0829-17T4 Opinionnjcourts.gov… sentence. We affirm. In 1981, a Passaic County grand jury charged defendant with the knowing murder of Concepcion … (count six). In March 1985, defendant was tried before a jury and found guilty on counts one, three, five, and six, … the life sentence without additional fact-finding by a jury. In support of that claim, defendant cited Apprendi, …
- 2C:41-2c Charges Document PDFnjcourts.gov… under this subsection, the trial judge should use the Model Jury Charge on Conspiracy. See N.J.S.A. 2C:5-2. 2 See … parties and trial court should discuss a way to inform the jury of that fact without unduly prejudicing the defendant. … the “crimes of violence” already have been charged to the jury. If not, the trial court must charge the jury on the …
- A-4114-16T4 Opinionnjcourts.gov… and 3) that the evidence 'would probably change the jury's verdict if a new trial were granted.'" State v. Ways, … this case, the fact finder at trial was Judge Guida, not a jury, and the judge explicitly found that favorable DNA … of a new trial as "the sort that would probably change the jury's verdict if a new trial were granted") (quoting …
- A-1064-19 Opinionnjcourts.gov… other cases is limited. R. 1:36-3. 2 A-1064-19 Tried to a jury, defendant Jahmil Jasper was convicted of assaulting a … in the midafternoon of December 8, 2018. Following the jury's guilty verdict on charges of third-degree aggravated … the hematoma meant "she had sustained significant injury," but the injury was not life-threatening. Defendant …
- A-3130-20 Opinionnjcourts.gov… upon a determination that could only have been made by a jury. Plaintiff further contends the trial court failed to … Inc., 342 N.J. Super. 419, 431 (App. Div. 2001); Model Jury Charge (Civil), 1.13, "Expert Testimony" (2018) … the part of defendant, the degree of that negligence is a jury question. See Brill, 142 N.J. at 536 (holding "if …
- njcourts.gov… upon a determination that could only have been made by a jury. Plaintiff further contends the trial court failed to … Inc., 342 N.J. Super. 419, 431 (App. Div. 2001); Model Jury Charge (Civil), 1.13, "Expert Testimony" (2018) … the part of defendant, the degree of that negligence is a jury question. See Brill, 142 N.J. at 536 (holding "if …
- njcourts.gov… For the reasons that follow, we affirm. A grand jury indicted defendant, Benjamin Young, Shawn Mosely, and … disqualifier and noted that "if convicted of murder and the jury [found] the aggravating factor, he [would have been] … early 2018, however, that case ended in a mistrial when the jury declared it could not reach a verdict. The State sought …
- STATE OF NEW JERSEY VS. QUDDIS WIDENER (16-09-2544, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… John Zunic's comprehensive, written opinion. I. Following a jury trial in February 2018, defendant was convicted and … failing to conduct a Wade1 hearing; failing to instruct the jury on the lesser-included offenses of third-degree … lack of evidence about the extent of the victim's actual injury should have resulted in his acquittal. We concluded the …
- 56 EASTON REDEV LLC VS. DR. RASIK JIVANI (C-000112-22, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… states tenants "waive[] all right to trial by 5 A-1788-22 jury in any action or summary or other judicial proceeding … in respect of which the tenant would waive a right to a jury trial. That's what that says in that paragraph. 6 … the judge next determined that Article 34's waiver of jury trial rights did not sufficiently create an enforceable …
- njcourts.gov… testimony did little to convince the [c]ourt that the jury's verdict of guilty on both counts would have been any … the instances of physical and verbal abuse presented to the jury." The judge elaborated: 6 A-5195-17T3 If the substance … defendant's testimony at trial would not have affected the jury's verdict. Because the PCR judge's findings are fully …
- STATE OF NEW JERSEY VS. DENVER J. ROMERO (13-02-0191, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… an evidentiary hearing. We affirm. A Union County grand jury charged defendant in a two-count indictment with … N.J.S.A. 2C:12-1(b)(7) (count two). Following a trial, the jury convicted defendant of count one; and of simple … determination to permit the statement to be read to the jury over defense counsel's repeated 7 A-3600-16T1 …
- njcourts.gov… relief (PCR) without an evidentiary hearing. We affirm. A jury convicted defendant of two counts of first-degree … prosecutor's question, and his subsequent statement to the jury concerning it in summation, were improper. R.S., (slip … HIS DEFENSE, ENSURING HE WOULD BE CONVICTED BY THE JURY. C. THE DEFENDANT DID NOT RECEIVE ADEQUATE LEGAL …
- njcourts.gov… ineffectiveness of counsel. We affirm. On May 24, 2007, a jury convicted defendant of two counts of first-degree armed … ineffective because, during his summation, counsel told the jury the picture of defendant in the photo array was an … COUNSEL AS A RESULT OF COUNSEL'S COMMENTS SUGGESTING TO THE JURY THE DEFENDANT HAD BEEN INVOLVED IN PRIOR CRIMINAL …
- A-5195-17T3 Opinionnjcourts.gov… testimony did little to convince the [c]ourt that the jury's verdict of guilty on both counts would have been any … the instances of physical and verbal abuse presented to the jury." The judge elaborated: 6 A-5195-17T3 If the substance … defendant's testimony at trial would not have affected the jury's verdict. Because the PCR judge's findings are fully …
- A-3593-14T4 Opinionnjcourts.gov… ineffectiveness of counsel. We affirm. On May 24, 2007, a jury convicted defendant of two counts of first-degree armed … ineffective because, during his summation, counsel told the jury the picture of defendant in the photo array was an … COUNSEL AS A RESULT OF COUNSEL'S COMMENTS SUGGESTING TO THE JURY THE DEFENDANT HAD BEEN INVOLVED IN PRIOR CRIMINAL …
- A-3600-16T1 Opinionnjcourts.gov… an evidentiary hearing. We affirm. A Union County grand jury charged defendant in a two-count indictment with … N.J.S.A. 2C:12-1(b)(7) (count two). Following a trial, the jury convicted defendant of count one; and of simple … determination to permit the statement to be read to the jury over defense counsel's repeated 7 A-3600-16T1 …
- A-1832-16T1 Opinionnjcourts.gov… relief (PCR) without an evidentiary hearing. We affirm. A jury convicted defendant of two counts of first-degree … prosecutor's question, and his subsequent statement to the jury concerning it in summation, were improper. R.S., (slip … HIS DEFENSE, ENSURING HE WOULD BE CONVICTED BY THE JURY. C. THE DEFENDANT DID NOT RECEIVE ADEQUATE LEGAL …
- A-1788-22 – 56 EASTON REDEV LLC VS. DR. RASIK JIVANI (C-000112-22, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… states tenants "waive[] all right to trial by 5 A-1788-22 jury in any action or summary or other judicial proceeding … in respect of which the tenant would waive a right to a jury trial. That's what that says in that paragraph. 6 … the judge next determined that Article 34's waiver of jury trial rights did not sufficiently create an enforceable …