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- A-1676-16T4 Opinionnjcourts.gov… assignment of counsel. We affirm. I. A Passaic County grand jury charged defendant with first- degree felony murder, … 2C:2-6 (count six). Defendant was tried before a jury. At the trial, the State presented evidence that, on … chain. They sold the chain in New York City two days later. Officers from the Paterson Police Department investigated …
- STATE OF NEW JERSEY VS. EDGAR TORRES (12-09-1539, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… post-conviction relief (PCR) without a plenary hearing. A jury convicted defendant of three counts of first-degree … drop a toddler off and leave. At approximately 2:45 p.m., officers observed another woman, later identified as … investigation. Porter, 216 N.J. at 352-53. "[C]ounsel has a duty to make reasonable investigations or to make a …
- A-0505-17T1 Opinionnjcourts.gov… post-conviction relief (PCR) without a plenary hearing. A jury convicted defendant of three counts of first-degree … drop a toddler off and leave. At approximately 2:45 p.m., officers observed another woman, later identified as … investigation. Porter, 216 N.J. at 352-53. "[C]ounsel has a duty to make reasonable investigations or to make a …
- STATE OF NEW JERSEY VS. EMMANUEL C. DIKE (17-04-0244, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… issue a passion/provocation manslaughter charge to the jury. We affirm the conviction but remand to the sentencing … the homicide task force at the Union County Prosecutor's Office asked defendant's parents to telephone their son but … 104 N.J. 571, 579 (1986)). A "court has an 'independent duty . . . to ensure that the jurors receive accurate …
- A-0583-20 – STATE OF NEW JERSEY VS. EMMANUEL C. DIKE (17-04-0244, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… issue a passion/provocation manslaughter charge to the jury. We affirm the conviction but remand to the sentencing … the homicide task force at the Union County Prosecutor's Office asked defendant's parents to telephone their son but … 104 N.J. 571, 579 (1986)). A "court has an 'independent duty . . . to ensure that the jurors receive accurate …
- njcourts.gov… of Consumer Affairs (the Division) of the New Jersey Office of the Attorney General. All charitable organizations … breach of his or her professional duties and the injury to plaintiff. The court then found that plaintiffs … when an attorney's breach of [his or her] professional duty proximately causes a plaintiff's damages.'" Vastano v. …
- A-3482-23 – MERLIN'S KIDS, INC., ET AL. VS. KEVORK ADANAS PC (L-5586-23, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… of Consumer Affairs (the Division) of the New Jersey Office of the Attorney General. All charitable organizations … breach of his or her professional duties and the injury to plaintiff. The court then found that plaintiffs … when an attorney's breach of [his or her] professional duty proximately causes a plaintiff's damages.'" Vastano v. …
- STATE OF NEW JERSEY VS. DWAYNE S. PENIX (18-11-0666, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… its use in other cases is limited. R. 1:36-3. 2 A-0265-20 A jury convicted defendant Dwayne S. Penix of first-degree … object she believed was a gun. She fled to the manager's office, called for help, and when she returned, the cash … the crime. The defendant has neither the burden nor the duty to show that the crime, if committed, was committed by …
- A-0265-20 Opinionnjcourts.gov… its use in other cases is limited. R. 1:36-3. 2 A-0265-20 A jury convicted defendant Dwayne S. Penix of first-degree … object she believed was a gun. She fled to the manager's office, called for help, and when she returned, the cash … the crime. The defendant has neither the burden nor the duty to show that the crime, if committed, was committed by …
- A-3694-15T4 Opinionnjcourts.gov… After a December 2011 drug-related shooting of two men, a jury convicted defendant James Harris of two counts of … OF A LAWFUL "PLAIN VIEW" SEARCH AND SEIZURE. JUST AS AN OFFICER MAY NOT PICK UP AND MOVE AN ITEM TO BRING IT INTO A … as set forth in the model jury charges, state: It is your duty, as jurors, to consult with one another and to …
- njcourts.gov… additional damages. Plaintiffs argue the association had a duty to warn them about latent mold and water leakage behind … dismissed plaintiffs’ claims for lost income and bodily injury damages. It imposed those sanctions upon plaintiffs for … above, Unit 1820. Chacko reported this new leak to RCP's office. The leak was identified immediately above the space …
- A-2742-18T1 Opinionnjcourts.gov… additional damages. Plaintiffs argue the association had a duty to warn them about latent mold and water leakage behind … dismissed plaintiffs’ claims for lost income and bodily injury damages. It imposed those sanctions upon plaintiffs for … above, Unit 1820. Chacko reported this new leak to RCP's office. The leak was identified immediately above the space …
- A-1965-18 Opinionnjcourts.gov… wound. The key pieces of evidence presented at the five-day jury trial consisted of video surveillance footage of the … record. Just before midnight on May 19, 2017, Newark police officers were dispatched to a strip mall following a … could have arguably been consonant with his legal duty to retreat in lieu of continuing to use deadly force. …
- njcourts.gov… associated with the settlement of the worker's personal injury tort action. We affirm in part, reverse in part, and … renovation of an existing structure into a mixed use office and retail building and (2) the demolition of another … Conditions), Kone's safety responsibilities included a duty to A-1816-09T1 5 "take every precaution at all times …
- A-1816-09- Opinionnjcourts.gov… associated with the settlement of the worker's personal injury tort action. We affirm in part, reverse in part, and … renovation of an existing structure into a mixed use office and retail building and (2) the demolition of another … Conditions), Kone's safety responsibilities included a duty to A-1816-09T1 5 "take every precaution at all times …
- njcourts.gov… which should be insulated from interference by judge or jury in a tort action. We regard the same governmental … suits against municipalities and their responsible officers based upon contentions that damage occurred from … negligently by breaching its responsibility when the on-duty security guard did not fulfill his enumerated duties. …
- A-1724-16T2 Opinionnjcourts.gov… which should be insulated from interference by judge or jury in a tort action. We regard the same governmental … suits against municipalities and their responsible officers based upon contentions that damage occurred from … negligently by breaching its responsibility when the on-duty security guard did not fulfill his enumerated duties. …
- njcourts.gov… Legal Assistant, on the brief). PER CURIAM Tried by a jury in October 2018, defendant E.S. was found guilty of … Detective Brad Waudby of the Bergen County Prosecutor's Office, Special Victims Unit, to conduct a forensic … 154 (1972)). Beyond that, an "individual prosecutor has a duty to learn any favorable evidence known to 33 A-3031-18 …
- A-3031-18 Opinionnjcourts.gov… Legal Assistant, on the brief). PER CURIAM Tried by a jury in October 2018, defendant E.S. was found guilty of … Detective Brad Waudby of the Bergen County Prosecutor's Office, Special Victims Unit, to conduct a forensic … 154 (1972)). Beyond that, an "individual prosecutor has a duty to learn any favorable evidence known to 33 A-3031-18 …
- STATE OF NEW JERSEY VS. SERGIO DEROSA (16-09-2118, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… cleaning his shotgun in the living room of their home. A jury found him guilty of first degree knowing or purposeful … had no pulse, and appeared to be dead. Meanwhile, Officer Ryan Spencer of the Mullica Township Police … shells for target shooting in the bag, as well as two heavy duty shells that Ron Karrer, a friend of Lynn’s, had given …