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… David Richardson of aggravated sexual assault during the commission of a burglary, burglary, theft, possession of a … or negated and when consent to a sexual act is "not freely given" because it is the product of manipulation and … being manipulated 15 A-2196-20 and thus consent is not freely given," "weapons, force, verbal abuse and threats …
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… in court during the trial. During summation, the prosecutor commented on defendant’s not being Dewyer’s friend because … Carvers’ testimony and appeared to take issue with several comments made by the prosecutor during summation. The … for the jury was harmful error. In addition, the error was compounded when the prosecutor commented on that portion of …
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… Court. In this appeal, the Court considers whether crimes committed by a defendant while under the age of eighteen may … for a third-time offender. At the age of sixteen, defendant committed two armed robberies within two days; he was … This argument is unavailing. The statute to which defendant points illustrates plainly that the Legislature knows how to …
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… considers both the Open Public Records Act (OPRA) and the common law right of access. In February 2019, an attorney … a brief on behalf of amici curiae Reporters Committee for Freedom of the Press & 24 Media Organizations (McCusker, … by a public records request. The Reporters Committee points to other states that allow access to records of …
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… to 180 days’ incarceration, which could be served by completing a 90-day community service sentence and a combination of inpatient … a fine may engender a significant infringement of personal freedom, . . . they cannot approximate in severity the loss …
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… whistleblower retaliation claim premised on an employee’s complaints about wage and hour requirements is preempted by … program. Puglia discussed the cuts with other laborers and complained to the project manager, Mike Tedesco, and Elk’s … Elk did not deviate from the seniority provisions, Puglia points out that a jury could still find a retaliatory motive …
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… these consolidated appeals, the Court considers whether the Compassionate Release Act (CRA), enacted in 2020, gives judges discretion to deny compassionate release to inmates who satisfy the statute’s … “are generally mandatory.” Harvey v. Essex Cnty. Bd. of Freeholders, 30 N.J. 381, 391 (1959). Neither “may” nor …
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… these consolidated appeals, the Court considers whether the Compassionate Release Act (CRA), enacted in 2020, gives judges discretion to deny compassionate release to inmates who satisfy the statute’s … “are generally mandatory.” Harvey v. Essex Cnty. Bd. of Freeholders, 30 N.J. 381, 391 (1959). Neither “may” nor …
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… to - 15, which is a congressionally sanctioned interstate compact addressing the transfer of a prisoner from the … in Pennsylvania in connection with a series of burglaries committed in that state. In October 2017, defendant pled … court ultimately entered an order stating that trial had commenced for IAD purposes on July 24, 2018, when jury …
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… Substance Abuse Initiative. She was dismissed for non-compliance. Ultimately, the allegations of abuse were not … injuries documented and evaluated. The Division worker accompanied Samuel to the hospital, but Casey did not go, nor … neither confirmed nor denied the possibility of abuse and recommended Samuel undergo a psychological evaluation. In …
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… defendant permission to post the videos on social media and complained to him that the comments his followers left about her body caused her to be uncomfortable. However, defendant continued to post the …
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… States v. Wade, 388 U.S. 218 (1967), and develop a more complete factual record. 1. Suggestive identification … “can create a risk of ‘mugshot exposure’ and ‘mugshot commitment.’” Id. at 255. Mugshot exposure occurs “when a … Ibid. Of greater significance for this case, mugshot commitment takes place when a witness identifies a single …
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… station, Gansel worked with Officer Christopher Heffner to complete the paperwork and observe defendant for a … Joseph Tafuni, to challenge the Alcotest readings. At the commencement of the hearing, defendant's attorney objected … and . . . waited 5 A-1558-21 for one of the officers to come to talk to [him]" before leaving the scene.1 Officer …
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… NOS. A-0621-20 A-3211-21 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, …
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… Daniel Keitel (collectively, defendants) in an eight-count complaint alleging a politically motivated conspiracy to … for all of plaintiff's claims on various grounds, including common law prosecutorial immunity and several provisions of … and/or grand jury. Properly and indulgently reading the complaint as we are obligated under Printing Mart-Morristown …
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… whether: (1) our Supreme Court's decision in State v. Comer, 249 N.J. 359 (2022), should extend to youthful … offenders between the ages of eighteen and twenty when they committed their offenses; and (2) the motion courts should … adults between the ages of eighteen and twenty when they committed murder in the late 1980s and early 1990s – filed …
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… responded by filing a seven-count putative class action complaint in the Bergen County Law Division (the Bergen … the instant matter, as we further detail infra. 3 A-0273-21 compensatory damages (counts one and two); unjustly enriched … amounts, and [4] all other amounts to which my insurance company has not paid any sums or as to any services by …
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… appeals from the entry of summary judgment dismissing his complaint against defendants, the Borough of Keansburg and … home renovation project on behalf of his son's and nephew's company, defendant 46 4th Street, LLC, which owned the … were not permanent and substantial. On the first two points raised by plaintiff, the Borough argues that the …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … GRANTOR RETAINED ANNUITY TRUST (GRAT); FIRST REPUBLIC TRUST COMPANY OF DELAWARE, LLC, as Trustee Of THE MARITAL TRUST … & Spitzer, attorneys for defendant First Republic Trust Company of Delaware, LLC (Andrew J. DeMaio, Esq.). FISHER, …
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… DIVISION DOCKET NO. A-2913-21 H and H MANUFACTURING COMPANY, INC., a/k/a H&H, THOMAS TOMEI and JANNETTE TOMEI, … PER CURIAM 3 A-2913-21 Plaintiffs H and H Manufacturing Company, Inc. (H&H), Thomas Tomei (Thomas),3 and Jannette … in part, the individual motions to dismiss plaintiffs' complaint filed by defendants Paul Bucco, Esq. (Bucco); …