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… "remand[ed] the matter of damages to the Law Division for a complete and searching analysis, including 'a factual … the award is different or similar to others to which it is compared.'" Id., slip op. at 17 (quoting He v. Miller, 207 … the trial court evaluated the damage award using the comparative-verdict methodology required by the plurality in …
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… evidence was denied by Judge Fox on May 1, 2015. In her comprehensive oral opinion, the Judge made detailed findings … On the form "she knowingly gave her written consent to a complete search." "[S]he further indicated that she was … The consent form "authorized troopers to conduct a complete [search] of [the house]." The officers found …
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… while defendant was in a liquor store. He used his in-car computer to check the vehicle's license plate, and … BOLSTERED. (Not raised below.) POINT II THE PROSECUTOR COMMITTED MISCONDUCT IN VOUCHING FOR THE CREDIBILITY OF A … arguments in turn. First, defendant contends that the companion cases, State v. Cain, 224 N.J. 410 (2016) and …
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… petition by order dated December 15, 2015. She issued a comprehensive, twenty-four 5 A-3299-15T3 page written … bald assertions that had [counsel] sat next to him, the outcome of the trial would have been different." Last, Judge … presents the following arguments: POINT I THE PCR COURT COMMITTED CLEAR ERROR OF LAW BY DENYING DEFENDANT'S PETITION …
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… 2015, J.W.,1 a seventeen-year-old juvenile, was charged in Complaint No. FJ-02-0077-16 with acts of delinquency that, if committed by an adult, would constitute first-degree 1 We … N.J.S.A. 2C:24-4(a). On July 8, 2015, J.W. was charged in Complaint No. FJ-02-0128-16 with an additional count of …
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… V.S. met with CCBSS representative Cynthia L. Repsher, completed a Medicaid application on R.P.'s behalf, and … concerning R.P.'s medical care in the event R.P. "become[s] incapable of making decisions for [her]self." The … notice" listing any additional information required to complete an eligibility determination. According to Gensel, …
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… . . . connected together or constituting parts of a common scheme or plan." Indeed, Rule 3:15-1(b) bars … to the appropriate prosecuting officer at the time of the commencement 7 A-3164-16T4 of the first trial." However, … the assault 4 While not admissible to prove propensity to commit crime, other crimes evidence "may be admitted for …
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… Defendant. Argued February 7, 2018 - Decided Before Judges Fuentes, Koblitz and Suter. On appeal from Superior Court of … appeal from a May 29, 2014 order dismissing their complaint in lieu of prerogative writs. We affirm … contract at issue here. In a previous unpublished case we commented on plaintiffs' counsel's mode of litigation on …
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… Next, we reject defendant's argument that the judge committed plain error by failing to charge false … the jury on the specific crime defendant had the purpose to commit in attempting to kidnap the victim. Consequently, he … courts performing this important function. See Mogull v. CB Commercial Real Estate Grp., Inc., 162 N.J. 449, 466 (2000) …
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… were people upstairs." The officer then heard "a shuffling coming from the upstairs room." 1 Officer Lance also … see that the second bedroom was empty. He then heard "a commotion going on in the middle bedroom." Officer Lance … Lance ordered E.J. to get on the floor, but he failed to comply. The officer kicked E.J. in the chin and he went to …
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… v. SUBARU 46, LLC, DCN AUTOMOTIVE LIMITED LIABILITY COMPANY, and JDN AA, LLC, Defendants-Appellants. Argued May … between the parties, we review the trial court's order compelling arbitration of the parties' dispute. Because we … credit agreement sufficiently advised these sophisticated commercial entities of their waiver of rights, and the …
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… application for Pre- Trial Intervention (PTI).3 In a comprehensive review of the factors listed under N.J.S.A. … the offense in this case.5 In addition, defendant had only completed her probationary sentence four years prior to the … 473 n.4 (2018) (applying "version of Rule 3:28 and the accompanying Guidelines and Comments that governed when [the …
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… Plaintiff-Appellant, and NEW JERSEY DEMOCRATIC STATE COMMITTEE, Plaintiff/Intervenor- Appellant, v. ANN GROSSI, … LLC, attorneys for appellant New Jersey State Democratic Committee; Jardim, Meisner & NOT FOR PUBLICATION WITHOUT THE … was a "declared candidate" for a seat on the district committee in Ward 3, District 1 in Dover. Because at least …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … in the living room. Anna took with her defendant's tablet computer, which he had earlier permitted her to use. Soon … in her "hole" while pointing toward her vaginal area. Anna complained that it hurt when she urinated. Beth took Anna to …
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… onto Sandford Street.1 Appellant heard only minimal radio communications concerning how the situation with the suspect … with the officers in tow, he was nearly hit by an oncoming vehicle. The suspect took aim at the vehicle that … in a "fanned out" organization behind the suspect, composed of all five officers that had arrived. Appellant's …
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… denying his application for reinstatement, dismissing his complaint, and affirming the administrative decision.1 We … at 579. We "must ensure there is 'a residuum of legal and competent evidence in the record to support'" the court's … legal conclusions. Cosme v. Borough of E. Newark Twp. Comm., 304 N.J. Super. 191, 203 (1997) (citing Manalapan …
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… offenses. He argues: POINT I THE JURY CHARGE REGARDING ACCOMPLICE LIABILITY WAS IMPROPER, THUS DENIED DEFENDANT DUE … PROCESS AND A FAIR TRIAL. A. The Jury Charge Regarding Accomplice Liability Was Given In Error As Defendant Was … AND HANDCUFFS IN FRONT OF THE JURY. POINT III PROSECUTOR'S COMMENTS CONSTITUTE MISCONDUCT AND PREJUDICED THE DEFENDANT. …
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… him to delete her daughter as a friend and not to communicate with S.D. again or she would go to the police. … A.R. testified defendant believed she was S.D. and began "communicating as a friendly chat at first." The issue of age … he intended to meet with S.D. to warn her of the dangers of communicating and meeting with persons she met online and …
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… the Defendant's Theory of the Case was that a Third Person Committed the Burglaries, and Because this Theory was … was sufficient evidence presented that a third person had committed the burglaries. In declining the defense request, … so as to shock the judicial conscience." State v. Fuentes, 217 N.J. 57, 70 (2014) (quoting Roth, supra, 95 …
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… charging Sutton and Powell with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … TRIAL COURT DENIED DEFENDANT HIS RIGHT TO AN IMPARTIAL AND COMPETENT JURY WHEN IT FAILED TO CONDUCT ANY INQUIRY INTO … Obligation To Ensure That The Jury Panel Was Impartial And Competent. Its Failure To Do So Necessitates Reversal Of …