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… erred in its instructions to the jury, the prosecutor committed misconduct during summation, and the State's … testimony was improper. After carefully reviewing the record in view of the governing legal principles, we … matter before us is whether we can determine with the requisite degree of certainty whether the inconsistent verdict …
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… to WHITTAKER, CLARK & DANIELS, INC., CYPRUS AMAX MINERALS COMPANY, individually and as Successor-in-Interest to … result, the total number of trial days is unclear from the record on appeal. 6 A-0047-20 Webber's and Moline's expert … form of an opinion or otherwise." There are three prerequisites to determine whether expert testimony is admissible, …
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… [a]limony 3 A-2904-21 shall be based on [defendant]'s income up to $400,000[] per year and, therefore, said alimony … took an insurance agent/broker course. He 1 The appellate record contains no such finding by the trial court. 7 … which are subject to fluctuations in the parties' incomes, and could give rise to disputes such as the ones in …
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… two orders granting summary judgment dismissal of their complaint against defendants Township of Union (the … The judge denied NATC's cross-motion on the basis that the record contained material disputed issues of fact. However, … Inc., 89 N.J. 270, 283 (1982). 25 A-2749-22 "A prerequisite to recovery on a negligence theory is a duty owed by …
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… had separately pleaded guilty. Based on our review of the record, the parties' arguments, and applicable legal … his wallet. 4 A-1652-21 at that time, defendant regularly visited Gary's and Stella's residence, but they did not always … jury that "[t]he indictment charges that the defendant has committed the crime of homicide." The court stated that …
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… APPELLATE DIVISION DOCKET NOS. A-3275-14T4 A-3286-14T4 JAMES S. COHEN, as Trustee of the Robert B. Cohen Living … February 1, 2012. His son James Cohen1 thereafter filed a complaint in Chancery seeking, among other things, a … burden of proof by clear and convincing evidence, and the record did provide ample support for her conclusion. It is …
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… WERE THE PURPOSE OF THE GUN POSSESSION. After reviewing the record in light of the contentions advanced on appeal, we … They described him as a very tall, thin man with a light complexion. He was wearing a black hoodie and ripped jeans. … is, because the officer believed defendant resembled a composite sketch of the suspect. As noted in Lazo, resolution of …
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… and firearms. A grand jury indicted and charged them with committing numerous offenses – more than 100 offenses in … they are supported by sufficient credible evidence in the record. State v. Elders, 192 N.J. 224, 243 (2007). A trial … a fair response to the defense's tactics in trying to discredit Crawford; the prosecutor simply attempted to "right …
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… defendant, Patrick F. Allen, of murdering his wife and committing other related offenses. The trial court sentenced … the table and chair were upright when the stains were deposited. In forming his opinions about the victim's and … not permitted to suggest that there is evidence outside the record that supports a defendant's guilt." Defendant …
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… DON, his spouse, Plaintiffs-Respondents, v. EDISON CAR COMPANY, INC., d/b/a VOLVO OF EDISON, a/k/a EDISON CAR CO., … statements referring to the surgery. Having reviewed the record and the governing legal authorities, we conclude that … added)). In this case, defense counsel effectively discredited plaintiff's purported need for surgery by …
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… granting summary judgment to defendants and dismissing his complaint with prejudice. Plaintiff's complaint alleged that … A-0086-17T4 I. A. We summarize the following facts from the record, viewing "the facts in the light most favorable to … In this regard, defendants have submitted only one timesheet, for the period from June 15 to September 8, 2015, …
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… (collectively, Osborn), and dismissing the third-party complaint with 3 A-4909-15T2 prejudice. Bogert also appeals … summary judgment decision based solely on the motion record and not based on evidence presented later. Ji v. … in the amount of $63,000 from another litigation funding company, JD Capital LP I (JD Capital), and pledged to JD …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE … children to adoption in January 2015 and a guardianship complaint was filed in February 2015. Thereafter, the … We just want the children to be in safe appropriate homes. And they'll have to establish a plan and a goal with …
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… in September 2012 on two counts of first-degree attempt to commit murder, N.J.S.A. 2C:11-3(a) and 2C:5-1; two counts of … Honor can do, but I just want to put the objection on the record; that's all. [COURT]: All I want to know is what are … and saw him running. D.C. then turned and ran in the opposite direction from defendant, toward his own home. When he …
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… in this matter is the entitlement to a real estate broker's commission for the lease and sublease of a commercial … in part. I. We glean the following facts from the motion record. Defendant Renewal Willingboro and its wholly owned … qualifies the tenant to receive a tax rebate under the Homestead Rebate Act, N.J.S.A. 54:4-3.80. Macmillan v. …
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… THE JURY INSTRUCTIONS ON SELF-DEFENSE WERE FATALLY INCOMPLETE. POINT II DEFENDANT'S CONVICTION MUST BE REVERSED[] … Having reviewed the arguments advanced in light of the record and governing law, we affirm. I. We derive the … testimony of Kampf's dishonesty, "the jury may have discredited [her] testimony and come to a different result . . …
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… that removed her as co-executor, denied her motion to compel net income distributions, and denied a second motion … we consolidated both appeals. After careful review of the record, we affirm the removal of Mrs. Krivulka as … Case Number (last visited August 22, 2022). 4 Rule 4:95-2 provides, "A summary …
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… victim in his statement, at trial, his defense was that he committed passion/provocation manslaughter, not murder. On … law, we affirm. I. We glean these facts from the trial record. At approximately 10:00 p.m. on July 15, 2015, while … charge." Id. 24 A-4010-17T4 at 593-94. The Court thus posited that the circumstances "raise[d] the inevitable …
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… Defendants-Appellants, and ASHOK R. BAPAT, MD, and COMPREHENSIVE CANCER & HEMATOLOGY SPECIALISTS, PC, … plaintiff suffering an arterial stroke. Having reviewed the record, and in light of the applicable law, we affirm. I. We … and venous strokes, as she simply urged the jury to discredit his testimony that plaintiff's homocysteine levels …
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… court found that the officers nonetheless did have the requisite level of suspicion. The court also analyzed the … trial court conducted its analysis based on the existing record and its recollections of the case.5 The Lawful Motor … based on his training and experience, he understood this comment to mean defendant had two bundles of heroin on his …