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… was present in the vehicle with him or that defendant committed the robbery. Counsel asserted Sutton's defense was … by Sutton's counsel by reminding the jury that counsel's comments are argument and not evidence. The prosecutor … could return a verdict of not guilty by believing both completely. Under those circumstances, defenses are not …
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… with the following offenses: second-degree conspiracy to commit theft by deception and financial facilitation, … of a home or to engage in a search therein," State v. Miller, 342 N.J. Super. 474, 490 (App Div. 2001), "[a]n … right to execute an arrest warrant in a dwelling. In Miller, we held that "in the absence of consent or exigency, …
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… to dismiss count two of Indictment No. 15-12-2996 and to recommend a third-degree range sentence of a three-year term, … defendant had a newborn child and was supporting his family. When he appeared for sentencing on May 19, 2017, … term. This appeal followed. Defendant raises the following points: POINT I THE NO SHOW PROVISION WAS NEVER INCORPORATED …
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… was open; that is the State did not make a sentencing recommendation but reserved the right to argue for a sentence … in a PCR petition that is identical or substantially similar to an issue that was already raised and adjudicated in … did not constitute ineffective assistance under the familiar Strickland-Fritz standard.2 Defendant also claims in …
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… Ortmann appeals from that portion of a Law Division order compelling the forfeiture of his entire pension earned while … Ortmann raises the following related constitutional points on appeal: POINT I THE COURT ERRED IN DECIDING THIS … federal conviction constituted a crime substantially similar to the crimes enumerated under N.J.S.A. 43:1-3.1(b) …
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… defendants) to permit construction of single-family homes and ancillary improvements. The owner of an … property, plaintiff JSTAR, LLC, objected and, prior to the completion of Board action on the application, filed a … plaintiff's cross-motion for summary judgment and, similarly, dismissing its complaint with prejudice. 1 Although …
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… part deemed pertinent 2 Defendant acknowledges the marital-communications privilege set forth in N.J.R.E. 509 "is not … counsel to deliver the summation. 7 A-1867-19 defendant pinpoints the portion of his opening statement he argues the … v. Roth, 95 N.J. 334, 364-65 (1984)).] See also State v. Miller, 237 N.J. 15, 28 (2019). 14 A-1867-19 The court …
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… estoppel, the single controversy doctrine or any other similar principle of law[.]" See Badiali v. N.J. Mfrs. Ins. … to the continuing evolution of forensic science and the complexity of the forensic findings in this case, it was … In his pro se supplemental brief, defendant raises several points for our consideration, which we discuss seriatim. …
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… contention: THE TRIAL COURT ERRED WHEN IT HELD THAT THE COMMUNITY CARETAKING DOCTRINE JUSTIFIED THE MOTOR VEHICLE … its lights were on and Ambrose testified that someone not familiar with the store's business hours might think it was … we authorized a stop of a car traveling less than ten miles per hour in a twenty-five mile per hour residential …
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… on count 2 The grand jury also charged codefendant with committing crimes set forth in counts one, two, five, six, … judge stated that "[t]he duty to retreat . . . needed to come out [of the jury instructions]. Because there's no duty … that the defendant knew he/she could have retreated with complete safety. If the State carries its burden then [the …
njcourts.gov
… from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FN-02-0247-17. Joseph … detox." He chose the latter. When confronted with L.G.'s comments regarding R.G.'s use of a "smoker," R.G. denied … who supervised the investigation of R.G. and was familiar with the facts of his case, testified on behalf of …
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… of third-degree burglary and one count of conspiracy to commit burglary. Because the record supports the motion … offense, the use of a juvenile to commit criminal offenses, militated against defendant's acceptance into PTI and that … claim of innocence and that defendant's plea bargain militates against a plea withdrawal. The court denied …
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… Defendant-Respondent, and TRAVELERS INSURANCE COMPANY, Defendant. ____________________________ IN THE MATTER OF JAMES C. MESCALL and MESCALL & ACOSTA, LLC, Appellants. _____________________________ Argued … Law Division, Bergen County, Docket No. L-6263-18. Maximilian J. Mescall argued the cause for appellants James C. …
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… in writing, by phone, and in person. Blachorsky assured a Costco representative via email that there would "be no … at Trading LLC circulated an internal memo listing talking points for explaining the transition to customers that … of IMS Trading Corp. The names of the two companies are similar, Blachorsky became Trading LLC's president, many IMS …
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… defendant Gyasi Allen1 guilty of murder, conspiracy to commit murder, and two related weapons offenses. He appeals … stages of his trial was violated and the trial court committed plain error by admitting a stipulated … two. This appeal followed. Defendant raises the following points: POINT I APPELLANT WAS DENIED HIS RIGHT TO BE PRESENT …
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… N.J.S.A. 2C:24-4(a). He was also charged under a separate complaint with second-degree sexual assault, N.J.S.A. 2C:14- … the sexual assault charge. The State also agreed to recommend a three-year term of imprisonment rather than seek … our decision as it pertains to the arguments in defendant's points I and II.B. Defendant failed to establish any basis …
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… from the Superior Court of New Jersey, Chancery Division, Family Part, Hudson County, Docket No. FN-09-0216-20. David A. … care and supervision of Zoey after Ashley threatened to commit suicide and punched a police officer. Ashley was … Okay. III. On appeal, Ashley argues the following three points: (1) the Division failed to establish she was …
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… Division order granting defendant's motion to dismiss his complaint with prejudice pursuant to Rule 4:6-2(e). The … the agreement were unambiguous warranting dismissal of the complaint. We disagree and reverse. I. On March 5, 2019, … court's interpretation of paragraph 2 of the agreement is similarly mooted. This paragraph, entitled "TITLE TO GOODS" …
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… _________________________________ 1 The complaint was originally filed by Dorothy Patterson, … and toileting. As a nurse herself who was personally familiar with general nursing standards accepted in the … wasn't documented every shift for a given patient." Parks similarly concluded Virtua's records fail to demonstrate that …
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… from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FV-02-0473-20. G.D.P., … R. 1:38-3(d) (10). 3 A-1311-19 obtained a TRO based on her complaint that alleged defendant had been harassing her … to "have only non[- ]harassing communication via Our Family Wizard" (OFW) software unless an emergency involving …