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njcourts.gov
… of review, we affirm. The State alleges the following facts form the basis of the pending trial. On the night of …
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njcourts.gov
… to aggravated manslaughter in exchange for the State's recommendation of a twenty-eight-year prison term subject to … sentencing, the State urged the court to find aggravating factors three, the risk defendant would commit another … and others, N.J.S.A. 2C:44-1(a)(9), and no mitigating factors. Defense counsel argued against aggravating factor …
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njcourts.gov
… failed to appear on at least one occasion and had been accommodated in that regard and, moreover, her after the fact awareness about the subpoenas was not evidence. … State v. Joas, 34 N.J. 179, 184 (1961)). "Our review of the factual record is . . . limited to determining whether there …
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njcourts.gov
… N.J.S.A. 2C:15-1(a)(1), and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … hearing, we may exercise de novo review over the factual inferences the trial court has drawn from the … the court determines there are disputed issues of material fact that cannot be resolved by review of the existing …
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2.41
Charges Document PDF
njcourts.gov
… CHARGE 2.22 — Page 1 of 6 2.41 WORKER’S COMPENSATION RETALIATION (Approved 01/2019) The worker’s … In such cases, the charge should be tailored to the facts of the case. To establish the second element, the … both by a retaliatory reason and by other, non-retaliatory factors, such as plaintiff’s job 5 Green v. Jersey City Bd. …
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njcourts.gov
… of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … Attempted passion/ provocation manslaughter has four factors which distinguish it from attempted murder. In order … attack, and 4. Defendant did not actually cool off before committing the attack. The first factor you must consider is …
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njcourts.gov
… actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with a victim who is at … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … [disciplinary] power in the defendant. Among the factors you may consider are whether there was a significant …
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2C:24-4b(3)
Charges Document PDF
njcourts.gov
… to the outer area of the vaginal opening, what is commonly referred to as the vaginal lips, that is sufficient … to the outer area of the vaginal opening, what is commonly referred to as the vaginal lips, that is sufficient … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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2C:34-1b(5)
Charges Document PDF
njcourts.gov
… Revised 2/12/18 Page 1 of 5 COMPELLING ANOTHER TO ENGAGE IN OR PROMOTE PROSTITUTION … Count _____ of the Indictment charges the defendant with compelling another to engage in or promote prostitution. … It is your exclusive province to determine whether the facts and circumstances shown by the evidence support any …
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2C:35-5
Charges Document PDF
njcourts.gov
… analog) were obtained/possessed or distributed or manufactured according to a scheme or course of conduct either … analog) was obtained/possessed or distributed or manufactured according to a scheme or course of conduct, by one, … evidence or statements of the defendants to show a common scheme or joint possession. Therefore, you should …
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2C:35-10
Charges Document PDF
njcourts.gov
… one must have a knowing, intentional control of that item accompanied by knowledge of its character. So, a person who … his/her person at the time of the arrest, if he/she had in fact, at some time prior to his/her arrest had control over … under N.J.S.A. 2C:39-4.1(a), Possession of a Firearm While Committing Certain Drug Offenses. There, the Court noted …
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2C:39-3e
Charges Document PDF
njcourts.gov
… (gravity knife, switchblade knife, dagger, etc.) is complete. Possession of a different type of knife or weapon … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … is licensed to carry a firearm; and (3) the guard has satisfactorily completed a training course in the use of a …
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2C:40-26
Charges Document PDF
njcourts.gov
… of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … rules specifically exclude evidence that a defendant has committed prior motor vehicle violations when it is offered … this evidence to decide that defendant has a tendency to commit crimes, or that defendant is a bad person. That is, …
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njcourts.gov
… of justice, Johnson observed, were weighted "not with fact, nor law, nor mercy," but with money. A half-century … pose on two levels: Will they show up for trial? Will they commit a crime while on release? Under the new risk-based … to plead guilty and receive a sentence for time served. Studies show that defendants held pretrial plead guilty more …
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njcourts.gov
… Ploszay contended "[Guitmann]’s counsel exchanged ex parte communications with the arbitrator and that the arbitrator … the party’s confidence in the arbitration process. But this factor alone does not justify vacating an arbitrator’s … Life Ins. Co., 991 F.2d 141, 146 (4th Cir.1993)). In fact, there is no evidence that the arbitrator received the …
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njcourts.gov
David W. Field (00378-1984) LOWENSTEIN SANDLER LLP 65 Livingston A venue Roseland, New Jersey 07068 973.597.2500 Attorneys for Defendant LifeCell Corporation IN RE: ALLODERM® LITIGATION CASE CODE 295 MICHAEL SIMINERI and KAREN SIMINERI, h/w, Plaintiffs, …
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njcourts.gov
… DEFENDANTS WHEREAS, Plaintiffs that.are part of, or will become part of, MCL 634 ("MCL") have filed or may have filed … entities had no involvement with the design, manufacture, marketing, sales, provision of product warnings, … expanders; and that Allergan plc does not produce, manufacture, market, or sell 1 goods or services in the United …
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2C:17-6b
Charges Document PDF
njcourts.gov
… one must have a knowing, intentional control of that item accompanied by a knowledge of its character. So, a person who … his/her person at the time of the arrest, if he/she had in fact, at some time prior to his/her arrest, had control over … days after the motor vehicle or any part thereof shall have come into his possession, he files with the [Motor Vehicle …
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2C:18-2a
Charges Document PDF
njcourts.gov
… in property that has been stolen is not an offense. It becomes a criminal act when one deals in stolen property … substantially below its fair market value, unless satisfactorily explained, you may infer that the defendant knew … was stolen may be inferred from the presence of the factors set forth in 2C:20-7.1e if there is a factual basis …
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njcourts.gov
… the legal status of squatters, we vacate the stay. The facts are straightforward. Plaintiff owns and operates a … she [or he] has been a substantial contributor towards satisfaction of the tenancy’s financial obligations; and that her …