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njcourts.gov
… scene revealed that they had been fired from the same nine-millimeter gun. The jury found defendant guilty on all … CONDUCT BY THE PROSECUTOR DURING THE TRIAL AND CERTAIN COMMENTS DURING SUMMATION WERE GROSSLY PREJUDICIAL AND … IT WAS ERROR FOR THE COURT TO FAIL TO CHARGE THE JURY ON ACCOMPLICE TESTIMONY. II. THE ADMISSION OF GRUESOME …
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njcourts.gov
… near the scene. DNA recovered from the jacket and cap was compared to a DNA sample obtained from defendant. The … turn our attention to defendant's argument that the judge committed reversible error by failing to define the elements … 281, 287 (1981), and "'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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njcourts.gov
… whether to hold an evidentiary hearing on a PCR petition is committed to the sound discretion of the PCR judge. State v. … to significantly worse consequences. Indeed, as the State points out, although defendant was not eligible under … lack of a factual basis would not have been successful. Similarly, we agree with the PCR judge a motion to dismiss …
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njcourts.gov
… the pertinent facts from the trial record. Acting on complaints of drug activity in a local park, Edison Police … marijuana. He stated further he "usually" purchases similarly- packaged marijuana. Defendant claimed he found the … for a violation of probation, having found defendant committed the present offenses while he was serving a term …
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njcourts.gov
… a gun near the intersection of Hudson and 4 A-1308-16T4 Hamilton." The informant said the person was a black male … Salhanek and D'Ambrosio drove down Hudson Street towards Hamilton Avenue and came to a stop sign. They looked to the … observed a person, who was later identified as defendant, "coming between two cars that were parked on the side of …
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njcourts.gov
… Defendant and his co-defendant Wedpens Dorsainvil2 used Jamillah Payne's apartment as a "stash house" for the drugs … Instead, on his own motion, the judge determined that he committed prejudicial error during the trial by not … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 …
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njcourts.gov
… 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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njcourts.gov
… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-2876. Frank C. Cioffi argued the … fire fighters, all of 9 A-3623-19 which are part of a paramilitary organization, hold very unique positions, and any … This appeal followed. Downar raises the following points for our consideration: POINT I THE DECISION OF THE …
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njcourts.gov
… but the police arrived before the transaction could be completed. On cross-examination, Kochick testified he could … RECOLLECTION RECORDED AND PROVIDING THE JURY WITH THE ACCOMPANYING TRANSCRIPT. POINT THREE THE TRIAL COURT ERRED IN … there was a manifest denial of justice under the law." Similarly, a trial court's ruling on a defendant's new trial …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …
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njcourts.gov
… prison term, and PSL. The judge also ordered defendant to comply with all applicable Megan's Law reporting … understood the terms of the agreement, including the PSL component. The judge noted that defendant claimed he was … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the …
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njcourts.gov
… appeal from four orders3 cumulatively dismissing the complaint pursuant to Rule 4:6- 2(e) against the Borough of … order and to dismiss counts one, two, three, and six of the complaint pursuant to Rule 4:6-2(e); and an August 23, 2013 order denying plaintiffs' motion to amend the complaint. As to defendant Angela Orozco, plaintiffs appeal …
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njcourts.gov
… from Superior Court of New Jersey, Chancery Division, Family Part, Union County, Docket No. FM-20-1195-06. Saminski, … a cross-motion. She sought to sanction defendant until he complied with the court's prior order by providing proof … disputes without hearing testimony. For example, defendant points to several instances in the court's statement of …
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njcourts.gov
… year custodial term. Defendant has appealed. He argues two points: POINT ONE THE TRIAL COURT ERRED WHEN IT DENIED … Defendant received 207 days of jail credit, and the judge recommended defendant be considered for entry into the … trouble, particularly if the trouble consists of conduct similar to that which brings you here today, things will not …
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njcourts.gov
… we thus begin by discussing the merits of that claim before commenting on the petition's timeliness. To prove … "Indeed, 'it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a … 415, 421 (1989) (quoting Fed. R. Crim. P. 11(f) advisory committee's note to 1966 amendments). "Because a guilty plea …
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njcourts.gov
… the Township's light-industrial (L-I) zone, where single-family uses and commercial pet-grooming facilities are not permitted. In … the shared driveway over the easement. Bartonek's family members, his retail customers, and landscapers use the …
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njcourts.gov
… The State agreed to dismiss the remaining charges and recommended defendant be sentenced as a third-degree 3 … This appeal followed. II. Defendant raises the following points on appeal: POINT I THE [PCR] COURT ERRED IN DENYING … because '[a]s time 7 A-2446-19 passes, justice becomes more elusive and the necessity for preserving finality …
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njcourts.gov
… Prosecutor, of counsel and on the brief; Joseph M. Competello, Assistant Prosecutor, on the brief). PER CURIAM … for "oppressive pretrial incarceration" resulting in "humiliation," "anxiety and concern," and a "drain on … his trial defense as to overcome the other Barker factors militating against dismissal. See Cahill, 213 N.J. at 267 …