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… OF COUNSEL TO WARRANT AN EVIDENTIARY HEARING. 1 A jury found defendant guilty of first-degree aggravated … prejudice where counsel successfully convinced the jury to acquit defendant on 6 A-4487-18T4 the most serious …
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… AND NON[-]STATUTORY AGGRAVATING FACTORS NOT FOUND BY THE JURY BEYOND A REASONABLE DOUBT. Based on our careful review … finding aggravating and mitigating factors not found by the jury, we disagree. Not only is Cunningham factually …
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… We affirm. On December 2, 2009, an Ocean County grand jury returned Indictment No. 09-12-2137 charging defendant … (count nine). On September 7, 2010, an Ocean County grand jury returned Indictment No. 10-09-1609 charging defendant …
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… 31, 2011. On August 25, 2011, a Middlesex County grand jury returned a twenty-three count indictment charging … to distribute narcotics. In 2013 a Middlesex County grand jury returned a separate indictment charging defendant with …
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… our "limited" review of factual findings made in a non-jury case, and noting they shall "not be disturbed unless . … not part of the proofs at trial for reconsideration by the jury." Tartaglia v. UBS PaineWebber, Inc., 197 N.J. 81, 125 …
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… witness tampering on February 4, 2008. At defendant's jury trial in 2010, four witnesses testified and identified … defendant as the culprit in all three incidents. The jury acquitted defendant of 1 Defendant also is referenced …
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… and (3) of the sort that would probably change the jury's verdict if a new trial were granted.'" State v. Nash, … to challenge his capacity for truthfulness before the jury. Finally, defendant argues that there are …
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… to the fall instead of the CPR or the surgery itself. No jury should be permitted to speculate – without the … the alleged bruise to Marilyn's face demonstrates an injury resulting from the fall that is not reasonably … "slapped her on the face."3 Because of that evidence, the jury could not have been allowed to speculate that the …
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… (FET). We affirm. I. In 1998, appellant was convicted by a jury of kidnapping, criminal restraint, aggravated sexual … of a weapon for an unlawful purpose, causing bodily injury while fleeing, and unlawful possession of a weapon. He … sentenced, noting "that it [was] the responsibility of the jury to determine an offender's guilt." Such challenges, the …
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… the lens in [plaintiff's] right eye," causing further injury. On August 17, 2007, the court dismissed plaintiff's … Insofar as we can glean, he is asserting a right to a jury trial in both appeals, which would necessitate the … seeking reinstatement of his complaints and a trial by jury because his 2007 complaints were dismissed with …
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… its use in other cases is limited. R. 1:36-3. 2 A-3496-22 A jury convicted defendant Vincent Abruzia of felony murder, … in the original charges section of the JOC, the 9 A-3496-22 jury's verdict sheet, and the sentencing transcript. On …
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… 9/10/12 … SIMPLE ASSAULT (NEGLIGENTLY CAUSING … BODILY INJURY WITH A DEADLY WEAPON) … N.J.S.A . 2C:12-1a(2) … SIMPLE ASSAULT (NEGLIGENTLY CAUSING BODILY INJURY … WITH A DEADLY WEAPON) … ( N.J.S.A . 2C:12-1a(2)) … The law requires that the Court instruct the jury with respect to possible lesser included offenses, even …
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… obviously avoid any reference to recklessness before the jury. � The definitions provided are dictionary definitions … obviously avoid any reference to recklessness before the jury. [RECKLESSLY] ENDANGERING ANOTHER PERSON (N.J.S.A. …
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… v. Perez, 177 N.J. at 553, and need not be charged to the jury. � Webster’s New World Dictionary, Third College … v. Perez, 177 N.J. at 553, and need not be charged to the jury. LURING (N.J.S.A. 2C:13-6) Page 2 of 3 “Attempted” …
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… Court held that it was error for a court to instruct a jury in an employment law case to consider life expectancy … Court held that it was error for a court to instruct a jury in an employment law case to consider life expectancy …
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… CAUSING SERIOUS BODILY INJURY WHILE … OPERATING ON THE REVOKED/SUSPENDED LIST … ( … … … Approved 12/3/01 … Page 1 of 3 … CAUSING SERIOUS BODILY INJURY WHILE OPERATING ON … THE REVOKED/SUSPENDED LIST … ( … … is charged with the crime of causing serious bodily injury to another while operating a motor vehicle with a …
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… for sale, or transfer the item), refer to the alternate jury charge. � N.J.S.A. 2C:21-1a. � N.J.S.A. 2C:20-1v. Page … for sale, or transfer the item), refer to the alternate jury charge. SALE, OFFER FOR SALE, EXPOSE FOR SALE OR …
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… the issuer of the cardholder. In the appropriate case, the jury may be advised that such inference may be made from the … A person acts purposely 1 In the appropriate case, the jury may be advised that such inference may be made from the …
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… or certified … mail. In the appropriate case, the jury may be advised that such inference may be made from the … value, or any other person. 1 In the appropriate case, the jury may be advised that such inference may be made from the …
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… or guide dog. The law requires that the Court instruct the jury with respect to possible (lesser) included offenses, … aware of and consciously disregarded the risk of causing injury to a service animal or guide dog. If you find that the … was aware of and disregarded the risk of causing injury to a service animal or guide dog, you must determine …