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njcourts.gov
… whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging at a Frye1 … is not immune from error. Fundamental due process and fairness demand access. We hold that if the State chooses to … path. A forensic scientist detected the presence of amylase, a constituent of saliva, on the ski mask, and …
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njcourts.gov
… a public park. The witnesses saw the group of children, accompanied by several adults, playing on equipment in a … the officers ultimately left with defendant. Sergeant Nicholas Gerardi of the Jersey City Police Department3 and a … of the court's jury charge on the lesser-included offense unfairly steered the jurors away from that option; and (3) the …
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njcourts.gov
… order of the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2020-004. Leonard S. Spinelli … were activated." DiGuglielmo confirmed at his internal affairs interview that he had yelled profanity at the fleeing … the pendency of the matter pursuant to Section 209. Ibid. Lastly, subsection (h) addresses payment issues in instances …
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njcourts.gov
… the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … AND ITS MINIMAL PROBATIVE VALUE WAS FAR OUTWEIGHED BY ITS UNFAIR PREJUDICE. 2. THE IN-COURT IDENTIFICATION SHOULD HAVE … depicted the robber. It seems to us unlikely those were the last words spoken during the identification procedure. In …
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njcourts.gov
… of first-degree robbery and second-degree conspiracy to commit robbery. Defendant appeals from the judgment of … 13, 2015, including a call at 7 A-4443-17T4 11:38 a.m. that lasted more than fifteen minutes, and a call at 11:55 a.m. … PREJUDICIAL AND THEIR ADMISSION DEPRIVED [DEFENDANT] OF A FAIR TRIAL. POINT IV REVERSAL IS REQUIRED BECAUSE THE …
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njcourts.gov
… the amount Iqbal paid for an ownership interest in the company, plus $10,000 in unpaid salary. On appeal, plaintiff … restaurant employees. In 2014, they received notice of a class action lawsuit filed with respect to alleged labor law … "is entitled to very considerable respect." Baxter v. Fairmont Food Co., 74 N.J. 588, 597 (1977). In considering …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS February 11, 2021 Lawrence S. Berger, … Expert’s] determinations and his conclusion as to the fair market value of the subject property.” In response, … State v. Hill, 199 N.J. 545, 561 (2009); State v. Velasquez, 391 N.J. Super. 291, 306 (App. Div. 2007). This …
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njcourts.gov
… asserted that if defendant had administered a drug, tissue plasminogen activator (tPA), she would have realized a better outcome. The jury found defendant breached the applicable … the jury; it may not merely weigh the evidence where it is fairly susceptible of divergent inferences and substitute …
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njcourts.gov
… Diekhaus, on the briefs). PER CURIAM This case involves a commission dispute between life insurance producers. The … of the implied covenant of 17 A-3341-18T3 good faith and fair dealing, conversion, unjust enrichment, fraud, and … party plead fraud claims with particularity. Piscitelli v. Classic Residence by Hyatt, 408 N.J. Super. 83, 116 (App. …
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njcourts.gov
… Oak Tree Cash & Carry, LLC (C&C), and their third-party complaints against the third- 3 A-5463-14T3 party defendants … prejudice. As several individual parties have the same last names, we will refer to them by their first names. 4 … to the measure of damages in conversion is to award the fair and reasonable market value of the property at the time …
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njcourts.gov
… applies wherever “there is a nexus between self-service components of the defendant’s business and a risk of injury … opinion. JUSTICE ALBIN filed a dissent, in which JUDGE FUENTES (temporarily assigned) joins. 1 SUPREME COURT OF NEW … . . . it wasn’t uncommon for customers to do that. Is that fair? A: I would say yes. Customers did do that. I know we …
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njcourts.gov
… charges in Superior Court. The State, in turn, agreed to recommend that defendant be sentenced to 180 days on each … to the deferential abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). In this matter, however, … of three distinct offenses connected to the use of an automobile while intoxicated: DWI, Refusal, and DWS. The …
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njcourts.gov
… personnel responded to a shooting in front of a housing complex. Upon arrival, police found A.B. lying face down in … approach set forth in Johnson v. State, 579 P.2d 20, 25 (Alaska 1978), a case from the Alaska Supreme Court that … confrontation is an essential attribute of the right to a fair trial, requiring that a defendant have a ‘fair …
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njcourts.gov
… SOLOMON, J., writing for the Court. Child Sexual Abuse Accommodation Syndrome (CSAAS) includes five “preconditions” … guilt. A subsequent search of G.E.P.’s office revealed a plastic bag containing a bra and a toiletry bag containing … retroactivity “would afford defendants relief from unfair convictions, while not unduly burdening the criminal …
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njcourts.gov
… concluding that “public defenders are public employees that come within the TCA’s immunities and defenses” and that … includes an officer, employee, or servant, whether or not compensated or part-time, who is authorized to perform any … the limitations of this act and in accordance with the fair and uniform principles established herein.” N.J.S.A. …
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njcourts.gov
… or of low moral character, but rather to demonstrate who committed the acts at issue. The Rape Shield Law does not … appealed, raising three issues: (1) his right to a fair trial was violated by the trial court’s decision to … leading questions when examining Brianna and Sharie. Lastly, defendant argues that the trial court imposed an …
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njcourts.gov
… an element of the offense” refers to but one element of a completed crime. In contrast, the term “conduct charged” … New Jersey to exercise territorial jurisdiction. Last, the court rejected the argument that, as a matter of … the alternative argument that the doctrine of fundamental fairness should bar the prosecution of Byrd for Cabral’s …
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njcourts.gov
… and that certain sentences arising from crimes committed in the same criminal episodes should run … defendant on remand, the trial court should consider the fairness of the aggregate sentence imposed for the eighteen … possession of a weapon and third-degree theft of an automobile in connection with the March 29, 2011 incident in …
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njcourts.gov
… further pointed to other investigatory failings or shortcomings, citing as “shocking” the failure to interview … tailored for the unique nature of DNA evidence and a fair assessment of whether a second buccal swab sample … a second interview with Tina in which she repeated that she last saw Katie with the violent male the night before her …
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njcourts.gov
… three subcontractors, defectively constructed a building complex now under the Condominium Association’s control. The … INC., RAY ENGINEERING, INC., STEVEN W. RAY, P.E., METRO GLASS, INC., and ROMITCH CO., Defendants-Appellants, and AJD … lawsuits within a prescribed time to allow defendants a fair opportunity to respond and safeguard their interests. …