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… that Perez banged on the door to defendant's bedroom and complained about the loud volume of the music. According to … THE JURY SHOULD HAVE BEEN INSTRUCTED THAT, UNDER THE FACTS OF THIS CASE, A SELF-PROTECTIVE PURPOSE FOR POSSESSING … credibility. The judge noted that Perez's version of the facts remained the same from the time of the stabbing, and …
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… BECAUSE THE TRIAL COURT FAILED TO CONSIDER MITIGATING FACTORS SUPPORTED BY THE EVIDENCE, AND IMPOSED A CONSECUTIVE … court gave the following curative instruction: [a]gain, ladies and gentlemen of the jury, just as a precaution, I . . … (2007)). One such principle mandates that prosecutors limit comments in their opening statements "to the 'facts [they] …
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… two points on appeal: POINT I THE JURY INSTRUCTIONS SO COMPLETELY SEPARATED THE ISSUES OF SELF-DEFENSE AND JURY … from a reasonable provocation. After explaining the four factors that distinguish passion/provocation manslaughter … determine, including the law of the case applicable to the facts that the 2 During the jury instruction before opening …
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… in 2004. Plaintiff then obtained a new job with a printing company and earned $38,000 annually until he retired in … during the marriage. The court finds that based upon those facts, the 401k is a marital asset since it was acquired … In her detailed analysis, the judge evaluated the nine factors a court must consider in determining whether counsel …
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… We reject these arguments because the trial court's factual findings are supported by substantial credible … had reason to believe defendant was staying. Based on prior communications with the occupant of that apartment, … defendant's statement. The trial court's rulings were embodied in an order issued on May 10, 2019. Following the …
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… unconscionable and denied defendant's motion to compel arbitration. After a de novo review, we conclude the … concerning test security, score cancellation, examinee remedies, arbitration. . . ." In a space provided, examinees … of unconscionability, 13 A-0156-19T2 courts must conduct a fact-sensitive analysis. Muhammad v. Cnty. Bank of Rehoboth …
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… for those convictions. We affirm. I. We summarize the facts adduced at trial. On the night of December 9, 2015, … had been robbed by three men wearing sweatpants and grey hoodies with the hoods up.1 He reported that the 1 At trial, … in the third photo array. 6 A-3718-17T4 conspiracy to commit robbery, N.J.S.A. 2C:5-2; and second-degree unlawful …
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… the cause for respondent Jersey Central Power & Light Company (Cozen O'Connor, PC, attorneys; Gregory Eisenstark, … and (3) whether in applying the legislative policies to the facts the agency clearly erred by reaching a conclusion that … reasonably have been made upon a showing of the relevant factors. [Ibid.] We have explained that a "'strong …
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… the judgment under review. I We derive the following facts from the trial record. At approximately 7:45 a.m. on … the premises at 49 Prospect Street. A ten-day trial commenced on February 26, 2018. We highlight those portions … instruction. The trial judge then instructed the jury, "Ladies and gentlemen, I'll just tell you again to disregard …
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… on Remsen Avenue in New Brunswick. As we "must uphold the factual findings underlying the trial court's decision so … v. Robinson, 200 N.J. 1, 15 (2009)), we glean the pertinent facts from the trial court's written decision. "Those … defendant argues the State's failure to record the completion of the photo array eyewitness identification …
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… remand in part. I. We briefly discuss the procedural and factual history of appellant 's initial placement in the … for the [MCU]"; "[p]rovide an outline of the major factors in the particular inmate's case history"; "[c]ontain … the factual basis, not merely conclusions, on which the recommendation of [MCU] placement is based"; and "[n]ot …
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… LLC filed a tax appeal disputing a 2017 tax assessment of income-producing property (the Property) located in the City … Tax Court decided ADP, which involved essentially identical facts to those presented in this case. There, the … It is the obligation of a purchaser to ascertain the facts concerning the property tax and the property tax …
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… appeals from the summary judgment dismissal of his complaint against Borgata. The trial court granted summary … Adelman, 233 N.J. 236, 256 (2018), discloses the following facts. Puccia assaulted plaintiff on January 1, 2014, at … the way he did, not even when he hit his girlfriend. In fact, when several videos of the event(s) are reviewed that …
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… when he turned his vehicle onto a four-lane highway from a commercial driveway, left the roadway and sheared two street … in N.J.S.A. 2C:2-2(b)(3), to determine the adequacy of the factual basis the defendant provided when he pleaded guilty … ultimate determination, the Code points expressly to the factors to be weighed in judgment: the nature and degree of …
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… H. Outland was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and … 2C:44-3(a). Defendant appeals and we affirm. We glean the facts from the trial record. Defendant worked next door to a … She saw another man; both of their faces were covered by hoodies. Cardenas was punched in the face again and pushed down …
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… its request for injunctive relief in its July 2020 amended complaint. Denali answered and served plaintiff, Symbiont … order set forth deadlines for various discovery, with all "fact discovery" to be completed by April 30, 2021. The order … on the party subpoenaed, it has been stated that "such factors as relevance, the need of the 7 The court in …
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… 13, 2021 APPELLATE DIVISION A-3155-19 2 v. DEPARTMENT OF COMMUNITY AFFAIRS and LT. GOVERNOR SHEILA Y. OLIVER, in her … appellants failed to exhaust their administrative remedies in connection with those notices and, therefore, their … in the record; and 3) whether, in applying the law to the facts, the agency reached a decision that could be viewed as …
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… MESSAGES. (Not Raised Below). POINT III THE PROSECUTOR'S COMMENTS DURING HER OPENING AND CLOSING DEPRIVED DEFENDANT OF A FAIR TRIAL BECAUSE SHE RELIED ON FACTS NOT IN EVIDENCE AND INFLAMED THE JURY. U.S. Const. … RESENTENCING BECAUSE THE COURT ERRED IN BASING AGGRAVATING FACTORS ON A PRIOR CRIME THAT WAS DISMISSED AND ON AN …
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… 43:16A-7. We affirm. I. A. We summarize the relevant facts from the record. Nirenberg began working for the … responsible for high priority calls. As a detective, he had completed undercover assignments, executed search warrants, … down in the water. Nirenberg saw the K-9 laying in the bloodied water making a "low moaning," "blood curdling groan." …
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… for a conditional use variance and dismissing its complaint in lieu of prerogative writs. We affirm. The Law … the applicable legal standards, we affirm. The underlying facts are discussed at length in the Resolution and the Law … application. The Board's findings and reasoning were embodied in a November 19, 2018 Resolution. The Board noted that …