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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4407-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. R.J.R., … BY FAILING TO INSTRUCT THE JURY ON THE LIMITED USE OF FRESH COMPLAINT TESTIMONY. (Not Raised Below). 4 A-4407-18 POINT … of 5 A-4407-18 evidence. State v. Garcia, 245 N.J. 412, 430 (2021). "The abuse of discretion standard instructs us to …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1767-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KHALIL H. … N.J. 362, 382 (2020) (quoting State v. Feal, 194 N.J. 293, 308 (2008)). A decision is also considered a new rule if it … is "often the pivotal consideration," with the others becoming more salient "when the inquiry into the purpose of …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0830-19T4 STATE OF NEW JERSEY, Plaintiff-Respondent, V. ANDRE A. … plea; and (2) a July 19, 2019 order denying his motion to compel post-conviction discovery. The crux of defendant's …
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… FOR INFANT J.V., Plaintiff-Respondent/ Cross-Appellant, v. STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES, … responded: "No." On the question of apportionment under the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.17, the … plan began on June 12, 2009 and was set "to expire" on June 30, 2009. When asked to explain the reasons for this …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1438-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. THERESA … trial court failed to justify the downgraded sentence in compliance with N.J.S.A. 2C:44-1(f)(2) and State v. Moore, … contributing to the 4 A-1438-15T2 commission of the instant offense[,] the defendant stated that while he was still …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3629-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MIGUEL SUAREZ, … . . . [defendant] with the necessary information to complete the murder. [Defendant] and co-defendant Morales … 11 A-3629-21 with Sanchez5 and did not return until 2:30 p.m., "and that defendant, nor any member of his family, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0532-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANDREA … When Carideo inputted the information into his vehicle's computer, the scan of the driver's license showed "a … ruling for an abuse of discretion. Garcia, 245 N.J. at 430. "[T]he decision to admit or exclude evidence is one …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0089-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. C.M., … IN ADMITTING THE VIDEOTAPED STATEMENT OF THE FIVE-YEAR- OLD COMPLAINANT UNDER THE TENDER YEARS EXCEPTION TO THE HEARSAY … the welfare of a child, N.J.S.A. 2C:24-4(a) (1). On June 30 and July 12, 2016, Judge Sohail Mohammed conducted a Rule …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0034-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BEATRICE J. … and around Room 245. Ricciardelli observed several persons coming in and out of the room. Early in the afternoon, … or both.'" Ibid. (quoting State v. Smith, 129 N.J. Super. 430, 435 (App. Div. 1974)). Courts should also consider: The …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3694-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES HARRIS, … arguing that a photograph obtained in response to a communications data warrant (CDW) was beyond the scope of … and then defendant's phone was back near his home around 10:30 p.m. A State's witness testified that he was incarcerated …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0592-20 STATE OF NEW JERSEY, Plaintiff-Appellant, v. DAWAN INGRAM, … Andrew Burroughs, Esq., an attorney assigned by the Office of the Public Defender (OPD), from representing … is one that can only be appropriately exercised in careful compliance with the [Rules of Professional Conduct] that …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3136-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RASOOL … CURIAM Defendant Rasool McCrimmon appeals from a November 30, 2017 order denying his third post-conviction relief … 1 Defendant asserts that the State's plea offer was communicated after the commencement of the trial. 4 …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1913-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SADIQUA N. … In exchange for defendant's guilty plea, the State recommended a noncustodial probationary term consistent with … before the court on that day." State v. Randolph, 210 N.J. 330, 354 (2012). Vacated and remanded for resentencing. We do …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3877-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JEAN CARL … eluding, N.J.S.A. 2C:29-2(b) in exchange for the State's recommendation for an aggregate five-year prison sentence with … state continued to run. State v. Council, 137 N.J. Super. 306, 309 (App. Div. 1975). We observed "[w]hen there is such …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5439-17T4 STATE OF NEW JERSEY, Plaintiff-Appellant, v. ROBERT … we are bound to rely "on the version of Rule 3:28 and the accompanying Guidelines and Comments that governed" at that … in this context. See State v. Rizzitello, 447 N.J. Super. 301, 314 (App. Div. 2016). Defendant did not present …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4723-15T4 STATE OF NEW JERSEY, Petitioner-Respondent, v. NEW JERSEY … and Mawla. On appeal from the Public Employment Relations Commission, Docket No. SN-2016-002. Frank M. Crivelli argued … and common significance." Lane v. Holderman, 23 N.J. 304, 313 (1957). "Only if the statutory language is …
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… Petitioner-Respondent/ Cross-Appellant, v. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY, Respondent-Appellant/ … On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … of strain to the right and left hands." He found a 30% disability in the right hand and 37.5% disability in the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1070-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JUAN R. … A subsequent search of the vehicle revealed a hidden compartment in the center console containing approximately … towed his vehicle, to a police station. At approximately 7:30 p.m., detectives obtained a search warrant for …
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… DOCKET NO. A-3376-23 FRANCES HICE, Plaintiff-Appellant, v. STATE OF NEW JERSEY, NEW JERSEY DEPARTMENT OF … was mandated, as part of the project, to install curb ramps compliant with the Americans with Disabilities Act (ADA)2 at … to the trier of fact.'" Grande v. St. Clare's Health Sys., 230 N.J. 1, 24 (2017) (quoting Bhagat, 217 N.J. at 38). …
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… DOCKET NO. A-1397-23 NOAH MOSLEY, Plaintiff-Appellant, v. STATE OF NEW JERSEY, COUNTY OF MIDDLESEX, TOWNSHIP OF … Noah Mosley appeals from two orders dismissing his complaint with prejudice and an order denying his … Part judge conducted proceedings in the VOP case on April 30, 2018, and June 4, 2018. According to a September 5, 2018 …