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… THE JURY INSTRUCTIONS ON SELF-DEFENSE WERE FATALLY INCOMPLETE. POINT II DEFENDANT'S CONVICTION MUST BE REVERSED[] … told him not to go to court if he was asked to appear. Similarly, Kampf testified that in March 2017, as she was … a defense to all of the lesser-included assault offenses. Similarly, we find no error in the court's instruction on the …
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… the other officers 1 Jersey City Police Officer William Costigan later testified that officers waited in "perimeter … merely described defendant's residence as a "multi-family dwelling" without noting it was a thirty-unit building. … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… apartment building in Woodbury. Bullock was found with a computer keyboard cord tied around her neck, and it was … the twenty-two impressions from the shed's floor shared a similar "chevron" or "zig[-]zag" pattern as the soles of the … generally, the effects of the crime on the victim's family, and advised the jury that if it found the State has …
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… acknowledged that by doing so he put the officers and the community at large at risk of harm. Elsewhere in the … was shot by the officer. At first she stated plaintiff was completely turned around, but then indicated she was not … summary judgment motion. See N.J. Div. of Youth & Family Servs. v. A.W., 103 N.J. 591, 617 (1986) (Court ordered …
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… Clavijo set up surveillance on the top floor of a multi-family home and used binoculars to observe street-level … vehicle and observed Pagan smoking from a glass cylinder, commonly referred to as a crack pipe. As Cancel exited his … 258, 263 (1964). Under N.J.S.A. 2C:29-3(b)(1): b. A person commits an offense if, with purpose to hinder his own …
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… close to twenty wiretap investigations, and he had become familiar with certain drug-related jargon. He testified that … on the conspiracy charge. Defendant raises the following points on appeal: POINT I THE JUDGE FAILED TO QUALIFY FOX AS … a 'high crime A-3741-13T3 10 area,'" ibid. (citing Trentacost v. Brussel, 164 N.J. Super. 9, 19-20 (App. Div. 1978), …
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… meet with "a male that [the officers] kn[e]w from the community." The two men went into the house on Bond Street. … TO REQUIRE BROAD CONSIDERATION OF YOUTH IN SENTENCING—MILITATES IN FAVOR OF APPLYING THE MITIGATING FACTOR TO … rule of procedure that would require a waiver colloquy similar in many respects to a guilty plea colloquy. We reject …
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… counts that were charged in an indictment alleging that he committed various acts of sexual assault and related crimes … from his conviction and sentence, arguing the following points: POINT I DEFENDANT'S MOTION TO SUPPRESS HIS … studied it in school, and spoke it every day with family and friends. He also served as an unofficial …
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… granting defendants summary judgment dismissal of her LAD complaint and denying in camera review of documents prepared … declaring: [T]he line that separates the merely vulgar and mildly offensive from the deeply offensive and sexually … whom were trained in AAANJ's policies and procedures. Wells points out when she complained to HR she was told the …
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… in Hillsborough Township. The posted speed limit was 45 miles per hour, and as he approached a curve, a warning sign recommended a speed of 35 miles per hour. The road surface was … opinion. On appeal, defendant raises the following four points: 9 A-1672-19 POINT I CHARGING THE JURY WITH THE …
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… defendant Brittany L. Burnett appeals her conviction and concomitant sentence for third-degree aggravated assault on a … concert.2 So too, off-duty New Jersey State Trooper Brian Miller testified that as he was exiting the parking lot … 106 N.J. at 29; see also Winder, 200 N.J. at 252. Defendant points to no evidence that any of the final jurors were …
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… was sixteen years old at the time of the homicide. A Family Part judge granted the State's motion to involuntarily waive the Family Part's jurisdiction allowing defendant to be tried in … to the child's learning environment and necessary accommodations. 20 U.S.C. § 1414(d)(1)(A)(i). 9 A-0984-18 …
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… 2C:14-3(a) (count six).1 He also appeals from his concomitant aggregate sentence of forty-five years' … him off in a parking lot behind Triangle Village apartment complex in Paterson. When L.R. attempted to drop defendant … at the time, but rather a model jury charge that was "similar to a Clawans charge." 29 A-5466-18 In addition, the …
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… of conviction entered after a jury found him guilty of committing twelve sex-related crimes against his … Treatment Fund (SCVTF) penalty. He argues the following points: Point I: DEFENDANT WAS DENIED HIS RIGHTS TO DUE … and defendant later married. Defendant remained with the family until authorities arrested him during Amy's junior year …
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… James R. Wronko, of counsel and on the briefs; Gilbert G. Miller, on the briefs). PER CURIAM This opinion addresses … appeals on the basis that the judge's analysis did not comply with the Code, and that his discussion of individual … though both had inflicted terrible pain to the victims' families. To sentence the two defendants in the same fashion …
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… protect the privacy of the children and members of their family who have the same last name. 3 A-1591-17T1 first. A … Leyman testified that Counselor Lopez told him the family was a "Spanish speaking . . . household[.]" Detective … believe his daughter's allegations against defendant. II Complaining Witness' Testimony Amelia was sixteen years old …
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… TO SATISFY THE STANDARDS OF STATE V. GROSS.1 POINT III COMMENTS MADE BY THE PROSECUTOR DURING HIS SUMMATION … POINT IV THE TRIAL COURT'S INADEQUATE RESPONSES TO THE INCOMPLETE AND ERRONEOUS JURY QUESTION DURING DELIBERATIONS … The three defendants were charged under a theory of accomplice liability. Thus, the evidence connecting …
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… car into the plaintiff's vehicle. He later pled guilty to committing assault by auto while under the influence of … II. A. We examine the legal issues mindful of several familiar principles that guide our review. First, on a motion … 428 N.J. Super. 333, 349 (App. Div. 2012) (quoting Rezem Family Assocs., LP v. Borough of Millstone, 423 N.J. Super. …
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… a second 1 MDMA or methylenedioxymethamphetamine, is a CDS commonly known by the street names ecstasy or molly. See In … to answer that he had. Leon also testified that he was familiar with cases in which police seized a large amount of … running concurrently. II. Defendant raises the following points on appeal: POINT I ETHYLONE IS CRIMINALIZED BASED ON …
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… revealed substantial evidence that plaintiff misused the computer system in his police car to conduct unjustified … random plate inquiry rate to four other officers with a similar number of total license plate inquiries and found that … appeal followed, with plaintiff presenting the following points of argument: POINT I THE TRIAL COURT ERRED IN …