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… a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) … of his medical records would have changed the outcome of the trial "[b]ecause the medical records would not … testified—it "does not establish that he did not make the comment, much less that the content of it was untrue, but …
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… Paul Bosco, Patrick Bosworth, and David Collins—to secure compensation for their former memberships in the Rock Spring … than originally stated, and it was agreed MGC would commit to operating the RSC property for three years, as … entitled to a judgment or order as a matter of law." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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… not administered according to standardized instructions, compromising the results. Defendant subsequently entered a … recording to his expert. Judge Robert J. Jones issued a comprehensive written opinion rejecting defendant's … by the expert, would have resulted in a different outcome, given that he did not plead guilty to DWI. A May 17, …
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… "convincing" testimony, that defense counsel "did not commit any errors in her representation of the defendant." … entered a structure without permission, with the purpose to commit an offense therein, and, in the course of committing the offense of burglary, threatened to inflict …
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… N.J.S.A. 2C:7-1 to -5, and notification requirements to the community with regard to certain sex offenders, N.J.S.A. … years after he was adjudicated delinquent for sex crimes committed against children. Judge Thomas K. Isenhour ruled … requirements until fifteen years have elapsed without committing a new offense. B.K. contends the fifteen-year …
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… He asked defendant for his driving credentials; defendant complied. Officer Chieppa noted defendant was "stumbling and … swayed, lost his balance, and had some difficulty complying with directions. Additionally, his pupils were … allows a "lay witness [to] give an opinion on matters of common knowledge and observation." Id. at 586. 10 A-2507-21 …
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… else that you want to add? I mean it's just going to come out once we continue with the investigation. Is there … I just want protection. Because I know they gonna come after my family and me. DET. CORDI: When you tell these … Constitution guarantees that "[n]o person . . . shall be compelled in any criminal case to be a witness against …
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… by their first names to avoid any confusion caused by their common last name. No disrespect is intended. 9 A-0078-21 it … ASSISTANCE OF COUNSEL ISSUE. POINT IV THE CUMULATIVE ERRORS COMMITTED BY TRIAL COUNSEL AMOUNTED TO INEFFECTIVE … 466 U.S. at 687. A defendant, in other words, "must overcome the presumption that, under the circumstances, the …
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… else inside. Boyle testified he saw a "cotton ball accompanied by what appeared to be a white wax fold." On … on cross-examination that it is neither illegal nor uncommon for members of the community to avoid contact with the police, and that it is …
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… the judge erred by: (1) under-calculating the amount of income imputed to plaintiff and thereby ascribing an incorrect … and to clarify if plaintiff's failure to report her income triggered his obligation under Sheridan v. Sheridan, … each CIS, plaintiff reported she was a homemaker with no income but indicated she received child support and Social …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … is nearly identical to Uniform Probate Code, § 2-301, the comments to which express that it is the “moving party” – … the making of false and non-meritorious claims, the common law has long recognized a particular need for …
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… 9, 2021). The Ordinance also provides for a cannabis subcommittee, consisting of two members of the Borough Council (Council) and the Borough's Chief of Police. The subcommittee is responsible for reviewing all applications for cannabis licenses and submitting a recommendation to the Borough for final action. Within months …
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… NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION, Respondent. _____________________________ Argued … On appeal from the New Jersey Public Employment Relations Commission, PERC Nos. CE-2022-005 and CO-2022-168. Joseph L. … cause for respondent New Jersey Public Employment Relations Commission (Christine Lucarelli-Carneiro, General Counsel, …
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… eight through eleven); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2and N.J.S.A. 2C:15-1(a)(1) to (2) (count twelve); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2(a)(1), … nor to be called to testify. With this news, after the completion of Ronnell's testimony, defendant entered a …
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… killing. While court-ordered evaluations found defendant competent to stand trial, they also indicated defendant … granted the 1 Defendant's plea agreement provided for a recommended twenty-five-year prison term. 2 Miranda v. … on appeal with a highly deferential standard. State v. Fuentes, 217 N.J. 57, 70 (2014). Specifically the Court has …
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… filed an internal harassment and hostile work environment complaint with her employer based on her treatment by union … Burkert and his brother. Plaintiff ultimately withdrew the complaint and her appeal of the election results when the … harass her. In October 2012, plaintiff met with Riordan to complain about Burkert's behavior. Riordan advised plaintiff …
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… as a cook from 2003 to December 31, 2016. Plaintiff filed a complaint on November 18, 2015, alleging he was harassed … offended by it being hung and by "somebody making [a] comment every day about it." He was also offended by his … or not? Could you call somebody?" Plaintiff understood this comment to be making fun of him by relating him to …
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… Division, Criminal Part, he was indicted for sexual crimes committed against his younger sisters, J.C. and S.C.: … crimes – including sexual assault – when a defendant commits any such crimes between the ages of fifteen and … engendered by her family's reaction to her first complaints: "the callous instruction 'to wear a pad,'" id. …
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… 97 N.J. at 208); see N.J.R.E. 702. Matters "within the competence of the jury" are for the collective wisdom of the … of sorting through all of the evidence and using their common sense to make simple logical deductions. Here, the … result, requiring reversal. R. 2:10-2. "[E]xpert testimony coming from a law enforcement officer claiming to have …
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… initials "DZ" on a Miranda form. The first officer used a computer to fingerprint defendant and inputted the prints in … the defendant was deprived of a fair and reliable trial outcome. Id. at 687. To prove this element, a defendant must … diligence evidence "clearly capable" of altering the outcome of a trial, but failed to do so). We are also …