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… attorney for appellant/cross-respondent in A-4552-14 (James K. Smith, Jr., Assistant Deputy Public Defender, of … in part, memorializing its decision in an order and accompanying memorandum. Following the court's decision, the … 283 (App. Div.), certif. denied, 101 N.J. 266 (1985) as support for this proposition. From this proposition, the …
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… the New Jersey Constitution, bad faith is not a prerequisite to finding that a defendant's right to due process has … THE DEFENDANT. (Not raised below) POINT VI THE PROSECUTOR'S COMMENTS DURING SUMMATION ON THE DEFENDANT'S FAILURE TO … and the hard drive "gets put back in service" for use in future cases. Defendant did not testify but his recorded …
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… activator (tPA), she would have realized a better outcome. The jury found defendant breached the applicable … would have restored her to "pre-stroke condition," find no support in the record. The court said nothing in the … establishes "both the duty to attempt rescue and the requisite causal connection between breach of that duty and the …
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… ITS DISCRETION WHEN IT REFUSED TO DISMISS JUROR NO. TWO FOR COMMENTING OUT LOUD ON DEFENSE TACTICS IN THE JURY ROOM. THE … in the record, which properly correlated with the law to support his legal conclusion. "That the case may be a close … similar requirements during each side's examination, refuting suggestions of bias. Accordingly, we reject as …
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… (DOC) appeals from a Law Division judgment awarding compensatory and punitive damages, enhanced attorney's fees, … lieutenant, so she could receive a promotion. Plaintiff deposited the check in her own account, but returned the money … in Sherrer's scheme were not disciplined or terminated. To support that allegation, plaintiff was permitted to testify …
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… 2C:11-3(a) or (b) (count one); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a) or (b) and N.J.S.A. … the form of a cashier's check. The same day, defendant deposited the cashier's check into his newly opened account. On … to talk about money. He wanted Calderon there for "moral support," fearing that the victim "was going to do something …
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… a hearing to determine whether Kendall had filed her complaint within the two-year statutory period for personal … Accutane, provided that Dr. Thomson monitored her liver enzymes. On December 11, 2000, Kendall began her next course of … declaring that there is no “experimental evidence to support the biological plausibility for Accutane causing …
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… with a forty-year period of parole ineligibility, comprised of two consecutive sentences. The convictions … for, and how much money to collect. Corroborating text messages between S.B. and Kooken, beginning on June 14, … on discordant views and alleged bullying among jurors to support his argument that the verdict was irreparably …
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… BEING DEPRIVED OF A FAIR TRIAL.[1] POINT II THE PROSECUTOR COMMITTED MISCONDUCT WHEN HE MADE EGREGIOUS COMMENTS DURING … said his daughter, who was not in the VFW that night, visited him in the hospital and told him she thought she knew … court found that such error was harmless because there was support in the record for the trial court's alternative …
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… 2C:11- 3(a) (count two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) … deliberate exercise by the State. I find actually the opposite. That the State gave reasons that are legitimate, or … impermissible manner. That determination is adequately supported by the record. Co- 31 A-1139-17T4 defendants were …
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… supervision for life, N.J.S.A. 2C:43-6.4, and ordered to comply with the registration requirements imposed by Megan's … COULD NOT INFER THAT DEFENDANT WAS MORE LIKELY TO COMMIT CRIMES BECAUSE OF DEFENDANT'S TESTIMONY THAT HE HAD BEEN … of aggravating factors three, six, and nine is fully supported by the record, as is the finding that the …
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… days before Levine's body was discovered. Pursuant to a communications data warrant, police obtained permission to … this [c]ourt, or as presented by the defendant, that would support his claim of a reasonable expectation of privacy in … New Jersey Rules of Evidence 702 [the doctor] has the requisite education, training[,] and experience to be permitted …
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… the alleged sexual molestation sooner based on the now discredited Child Sexual Abuse Accommodation Syndrome (CSAAS); and (4) imposed an unwarranted … [sic] for my daughter." N.E. testified that defendant visited his home "unannounced" on two separate occasions; the …
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… share the same surname, D'Alessandro, we use first names for clarity and ease of reference. We intend no … that is the name used to identify her in the caption of the complaint and, to our knowledge, there was no order entered … of any purported agreement upon which plaintiff relies in support of its claims. We observe, however, that an …
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… ability to pay restitution to the Victims of Crime Compensation Office (VCCO) and on the penalty for the Sex Crimes Victim Treatment Fund (SCVTF), and to amend the judgment … followed, whether there was competent and credible evidence supporting the application of the guidelines, and whether …
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… for appellant Shane Timmons in A-2567-17 (Michael James Confusione, Designated Counsel, on the brief). Joseph E. … Joseph and Dana Kearney were both guilty of conspiracy to commit murder and aggravated assault, that all three … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 …
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… was killed. O'Brien stated that he and defendant often visited Hunter 's house. They would call ahead to get … inculpate the declarants. It was at best a declaration of a future intent to lie. Defense counsel could have asked each … false-in-all" charge. Defendant contends it discredited his testimony. We disagree. 29 A-5555-18 The …
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… argues in a pro se supplemental brief that the prosecutor committed misconduct during both the charging process and at … [THE JUDGE][,] DID NOT "STATE THE FACTUAL AND LEGAL BASIS SUPPORTING HIS IMPOSITION OF SENTENCE," N.J.S.A. 2C:43-2[8], … FACTORS TO DROP BY ONE 15 A-4829-18 DEGREE THE ROBBERY CRIMES, REQUIRES APPELLATE REVIEW TO MODIFY THE CONVICTION …
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… of heroin. In this appeal, defendant argues the trial judge committed reversible error when he: (1) allowed the State's … that as he got closer to them, because they were on the opposite couch, that he saw that Monica was blue. Q. What did he … life straightened out." However, his efforts proved to be futile. She called him numerous times "saying you know he …
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… Randolph, and took part in attacking two of Randolph's companions, Tyshawn Daniels and Zimere Kellam, all in … businesses. The prosecution prepared a sixteen-minute composite video of that footage, which was shown to the jury. 5 … it's relevant and it's probative, however, it talks about a future act versus a prior act or the act we're talking about …