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… they "didn't want to interfere with the problem that was coming up" and wanted "to stay away" from their parents. The … sentence is improper and excessive. Except for the comments that follow, we find defendant's arguments in … to shock the judicial conscience." Ibid. (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)). The judge who sentenced …
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… shot based upon a mistaken belief that he or Cunningham had committed a burglary at a home the night before. Rivera … to Cunningham's house and called Cunningham asking him to come outside to confirm that he was telling the truth. When … insists he does not remember the person's face that committed the crime in question. [Rivera] went on to say he …
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… the police confiscated his phone. Initially, the PCPO's computer services unit was unable to bypass the phone's … features. However, Henry Hernandez, who works in the PCPO's computer services unit, eventually bypassed the phone's … was presented with an array of photographs that had been compiled by Detectives Michael Boone and D'Annibale. …
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… A. BRADLEY, a/k/a HOOP BRADLEY, MALCOLM H. BRADLEY, MALCOM BRADLEY, and MALCOM A. BRADLEY, Defendant-Appellant. … Kenneth 1 We consolidate the appeals for purposes of this combined opinion. 3 A-3707-15T3 Roberts, a front-seat …
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… against the owners and property managers of their apartment complexes, defendants East Coast The Willows, LLC, East … or former tenants of The Willows, a 347-unit apartment complex in Barrington, or Colonial, a 188-unit apartment complex in Cherry Hill. Since 2007, both complexes have been …
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… appeal (A-0164-15) concerns the dismissal of 514 Accutane complaints involving plaintiffs who were prescribed and 3 … Accutane in New Jersey after April 10, 2002 – filed MCL complaints against defendants seeking damages for, among … in our review of summary judgment determinations, Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of 3 Brill …
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… 2015 jury trial, defendant James Olbert was found guilty of committing numerous crimes, including the murder and robbery … weight to the fact that he was sixteen when the crimes were committed. Lastly, in a pro se supplemental brief, defendant … on juvenile offenders that have the practical effect of comprising life without parole. I. The twenty-four-count …
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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 … judgment motions. A court must "consider whether the competent evidential materials presented, when viewed in the …
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… April 11, 2018 – Decided August 31, 2018 Before Judges Fuentes, Manahan and Suter. On appeal from Superior Court of … the crimes listed in N.J.S.A. 2C:39-7(b), and conspiracy to commit armed robbery and criminal restraint, N.J.S.A. … of a man who claimed defendant admitted to him that he committed these crimes, while the two men were detained …
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… victim in the head during a drug transaction, a murder he committed when he was sixteen years old. After merger, the … TESTIFY IN HIS OWN DEFENSE. REVERSAL IS REQUIRED. II. THE COMPLETE LACK OF ANY JURY CHARGE ON IDENTIFICATION – WHEN … OF N.J.R.E. 701 and 702. THIS IMPROPER TESTIMONY WAS COMPOUNDED IN THE PROSECUTOR'S CLOSING STATEMENT. REVERSAL …
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… instruct the jury regarding the prosecutor's improper comments during closing argument. Finally, he argues we … AND PROBABLE CAUSE, RESPECTIVELY. POINT II THE JUDGE COMMITTED REVERSIBLE ERROR UNDER N.J.R.E. 607 AND N.J.R.E. … police that Dilks had just texted him and told him to come by to pick up the LSD. At approximately 8:30 p.m., …
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… for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. … In 1979, plaintiff, Morristown Associates, purchased commercial property located in Morristown, New Jersey. The … the leased space and an underground storage tank (UST) for fuel to operate the boiler. In 1985, Herring sold Plaza …
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… a hearing to determine whether Kendall had filed her complaint within the two-year statutory period for personal … and that the plaintiff has a reasonable basis for overcoming the presumption. The panel found that permitting … certification on the issue of the timeliness of Kendall’s complaint. 205 N.J. 99 (2011). HELD: Because a reasonable …
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… defendant. The three witnesses, two of whom were only forthcoming after their own arrests on unrelated matters, gave … A NEW TRIAL AFTER THE VERDICT. POINT TWO THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT FAILED TO INSTRUCT THE … A MISTRIAL. POINT THREE THE NUMEROUS OMISSIONS OF CRITICAL COMPONENTS OF THE JURY INSTRUCTIONS DIVERTED THE JURY'S …
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… allow discovery regarding late-discovered evidence and to accommodate jurors' vacation plans, a careful review of the … scheduled on our calendar. 4 A-4606-14 challenges, and compels the reversal of his conviction and the granting of a … after the interview. Brazofsky and Marrero agreed and accompanied defendant to an interview room in the airport. …
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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. … taken into custody for another matter." for persons who committed certain offenses while armed with a firearm. The … gun safe." The handgun was loaded with one bullet and the accompanying magazine contained nine bullets. The handgun was …
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… (2017), applying those constitutional principles. Defendant committed felony murder as a seventeen-year-old juvenile in … period of sixty years. Defendant, who has already completed one of the thirty-year parole bars, filed a motion … consecutive prison terms concurrent. He argued his lengthy combined sentence is the functional equivalent of life …
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… 2017 judgment of conviction and sentence for conspiracy to commit first-degree robbery, third-degree possession of a … to rob a gas station.2 1 In our separate opinion in the companion appeal filed by Charles, we reversed Charles's … gas, Charles pointed a BB gun at him while Herbert stole computer equipment. The trio fled the scene. Hillside Police …
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… counts that were charged in an indictment alleging that he committed various acts of sexual assault and related crimes … against her children. Her plea was made without any recommendation by the prosecutor and she was sentenced to … that when he was laying down sleeping, the girls would come over and touch him, including on his penis. According …
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… plaintiff Petric & Associates $1,850,000 in damages, comprised of: 1) $300,000 for fraud; 2) $800,000 for breach … existence of high voltage Public Service Electric and Gas Company (PSE&G) wiring that not only would have altered … disregard," see N.J.S.A. 2A:15- 5.12, warranting the compensatory and punitive damages awards. However, 3 …