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… trial court to instruct a jury on the difference between accomplice and principal murder was not error, because the … might have harbored a doubt about whether defendant had committed the murder by his own conduct. . . . 3 A-1865-21 Here, the jury was not charged on accomplice liability, and the State, in summation, argued that …
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… any person owning, keeping or harboring the same shall be accompanied by a person capable of controlling said dog and … a term of imprisonment of up to ninety days, a term of community service of up to ninety days, or "any combination … does not define the phrase. However, the Law Division points out, the ordinary meaning of the terms "suffer" and …
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… from the Hillside Police Department interviewed H.G. and completed an investigation report. The officer wrote that … prosecutors with an objective standard on which to base the community notification decision mandated by [Megan's 4 … Div. 2015). 5 A-3139-23 J.T. filed a motion for a stay of community notification. The trial court denied the motion …
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… alcohol emanating from the vehicle. Defendant said he was coming from a friend's house. He initially denied drinking … also found the leg raise test was properly stopped before completion for defendant's safety. She noted, based on the … pending appeal. On appeal, defendant raises the following points for our consideration. POINT I THERE WAS NOT …
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… On February 19, 2021, the Association filed a five-count complaint against defendant to recover the unpaid fees under … N.J.S.A. 46:8B-1 to -38. Specifically, the Association's complaint asserted claims for: (1) breach of contract; (2) … costs. The Association forwarded a copy of the summons and complaint to defendant's then counsel via "federal express, …
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… . . . ." Id. at 689. As such, a defendant "must overcome the presumption that, under the circumstances, the … 11 A-0215-23 To satisfy the second prong "[t]he error committed must be so serious as to undermine the court's … doubt to the jury; [t]herefore possibly changing the outcome of the trial." Defendant's argument fails to overcome …
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… as well as an affidavit petitioner submitted. The Board points out that petitioner's affidavit was submitted as part … that he was moving. The Pennsauken Township Fire Department completed a "First Report of Injury" form on petitioner's … capacity as a firefighter and an [EMT]." Additionally, he points to the fact that the Township issued him a …
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… defendant being placed in [hand]cuffs. It is reasonable to complete it before the officers can turn their backs and … to dispel the reasonable suspicion of danger" or "to complete the arrest and depart the premises." Ibid. (quoting … those areas, the sweep was no longer than was necessary to complete the arrest, and the seizure of the evidence met the …
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… firefighter, filed a Law Against Discrimination (LAD) complaint against defendants and Fire Director Qareeb A. … him up while he was fighting fires. While serving as a soldier in Iraq, years before he became a firefighter, … of PTSD, originally caused by his experiences as a soldier in Iraq. There was no dispute that his PTSD did not …
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… motion. On this appeal, defendant presents the following points of argument for our consideration: I. INFORMATION IN … police found a handgun, ammunition, and heroin in a hidden compartment in the front passenger seat. II We begin our … a suspect for a longer time than is reasonably required to complete the traffic-related inquiry, the delay requires a …
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… that the original plaintiff in this case, Wilmington Trust Company ("Wilmington"), did not have standing to bring a … 3 A-1532-18T1 we conclude these arguments and the other points raised by defendants lack merit, and accordingly … 14 A-1532-18T1 To the extent defendants have raised other points we have not yet mentioned, they lack sufficient merit …
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… roadway, which required other vehicles to travel into the oncoming lane to circumvent his vehicle. The judge also held … had a reasonable and articulable suspicion that defendant committed a motor vehicle offense." Melvin, slip op. at 14. … weed, that's all." On appeal, he contended the trial court committed plain error by failing to sua sponte issue a 6 …
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… reconsideration. The State further contends the judge compounded that error by finding the prosecutor's decision … "checks written to pay defendant's Verizon Wireless and Comcast bills." Seventy-five checks were missing from … parties have not included the criminal division manager's recommendation in the record on appeal. See R. 3:28-3(d); …
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… for the reasons set forth by the trial court in its comprehensive written decision. I. Plaintiff owns and … feet proposed; 20 feet required for each), as well as total combined side yard setbacks (32.14 feet proposed; 50 feet … R-22 zone. II. On appeal, plaintiff raises the following points: 9 A-3680-22 POINT ONE THE WEST LONG BRANCH PLANNING …
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… condition imposed by the Board that she successfully complete the Program for Returning Offenders with Mental … that Stallings' parole officer testified that Stallings completed the treatment phase of the PROMISE program and … discharged for misconduct.2 Although the Board claims those points were considered by the hearing officer, his failure …
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… without an evidentiary hearing. Indicted for conspiracy to commit robbery in the second-degree, N.J.S.A. 2C:5-2(a)(1) … term of special probation conditioned on his entry and completion of Drug Court, the sentencing judge posed further … defendant's testimony at sentencing. Although defendant points out that the presentence report indicates that he …
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… an evidentiary hearing. In a March 18, 2015 order and accompanying written decision, the judge denied the … the cellphone records would not have led to a different outcome based on the testimony of the arresting officer, who … pursuant to Sands/Brunson would not have changed the outcome of the trial and trial counsel was not ineffective in …
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… meaning. We, accordingly, vacate that aspect of the order compelling payment of half the distributions to Sara and … read the record, listened to the parties' arguments, and studied the language of their agreements, we simply cannot … on conflicting certifications. The judge conscientiously studied the documents, and concluded he could construe them in …
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… INC., and all subsidiaries and related entities, MCI COMMUNICATIONS SERVICES, INC., and all subsidiaries and related entities, XO COMMUNICATIONS SERVICES LLC, f/k/a XO NEW JERSEY, INC., and … file an amended complaint. We lastly turn to two procedural points that have not drawn much of the parties' attention. …
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… VanSyckle, who was surveilling the residence, advised radio communication that Salahuddin and defendant had exited the … Jersey Avenues. Other officers then observed Salahuddin complete the transaction with the CI in the presence of … Shortly thereafter, Officer VanSyckle advised radio communication that a black Dodge truck had just parked …