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… including two counts of racketeering and conspiracy to commit racketeering, in violation of N.J.S.A. 2C:41-1, and … are guided by the court’s instructions as they judge the facts of a case to determine guilt. State v. Bey, 112 N.J. … accurate instructions on the law as it pertains to the facts and issues of each case, irrespective of the …
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… (Gloria), a then-sixty-four-year-old woman.1 We discern the facts from the trial record. At trial, the State presented … while the air conditioner was running. Gloria made a comment to Linda, and Linda went to speak with defendant. As … [RPC] 1.12(a). POINT III: Verifiable direct contributing factors to prove ineffective assistance of counsel and a …
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… One officer explained that in his experience people who commit criminal acts west of Hillside often flee east on the … in light of the 2020 enactment of a new mitigating factor, N.J.S.A. 2C:44-1(b)(14). Under the newly enacted mitigating factor, at sentencing the court shall consider that "[t]he …
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… defendant's motion. The State contends the judge's pivotal factual and credibility findings are not supported by the … Holmsen asked defendant for his phone's passcode. Defendant complied with both requests. Holmsen neither asked defendant … cell phone was a cause of the crash, and whether it was in fact connected to Bluetooth. Wilson's cell phone was …
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… R. 1:36-3. 2 A-3354-21 This appeal stems from the outcome of a so-called "look-back" sentencing hearing conducted … revised thirty-year sentence. I. We summarize the pertinent facts and procedural history. In 2003 a jury found defendant … counts, the court again found that aggravating sentencing factors three (risk of reoffense), N.J.S.A. 2C:44-1(a)(3), …
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… against" defendant in exchange for the State's recommendation that he receive a time-served sentence. The … accurate instructions on the law as it pertains to the facts and issues of each case, irrespective of the … done, the prosecutor 'should not make inaccurate legal or factual assertions during a trial.'" State v. Bradshaw, 195 …
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… from the June 2, 2015 order dismissing her second amended complaint against defendant New Jersey Department of … her use of non-family leave time. She received a "satisfactory" rating on the PAR, checked the box on it that said … I can't face work tomorrow . . . . I can't do it. The very fact that my colleagues say it would be unproductive tells …
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… assault and simple assault. We affirm. I. The following facts are derived from the record. There is no dispute that … At the time, defendant was living in the same apartment complex and frequently visited his uncle Clifton, who was … (2007) (evaluating "knowledge of victim's helplessness" factor in death penalty proportionality review and noting, …
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… and care. 1 After Bonilla failed to answer plaintiff's complaint, the trial court entered a default against him. … a sidebar. The judge then temporarily excused the jury. The fact that the pain and suffering award ended in an uneven … of time, when determining such damages. I charge you, Ladies and Gentlemen, that the argument of counsel with …
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… arguments and the court's jury charge. Jury deliberations commenced around 1:00 p.m. At 2:40 p.m., the jury submitted … adopted in State v. Czachor, 82 N.J. 392 (1980), and embodied in the Model Jury Charge (Criminal), "Judge's … are not partisans, you are judges, you are judges of the fact[s]. The trial court asked the jury to continue its …
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… DIVISION DOCKET NO. A-4820-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF W.T. SVP-687-13. _________________________ … With this legal framework in mind, we will now consider the facts that led to W.T.'s commitment under the SVPA. On … This conviction was predicated on the following facts. On October 14, 2000, W.T., then age eighteen, grabbed …
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… vacate his sentence in part, and remand. I. The following facts were found by the suppression court or where indicated … pled guilty to the charged offenses in return for a recommendation of five years in prison with three years of … Id. at 28. The Court noted "[i]f multiple charges are embodied in a single indictment and two or more counts are …
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… 47:1A-1 to -13. Plaintiff John Paff requested a log of complaints against corrections officers who have worked in … may have on sources of valuable information are relevant factors in a prison setting." (citing Wakefield v. Pinchak, … confidentiality weighs in favor of disclosure.'" Keddie v. Rutgers, 148 N.J. 36, 50 (1997) (quoting Home News v. …
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… in the State of New Jersey, and VERTICAL REALITY MANUFACTURING, INC., An Entity Doing Business in the State of … Willner and his parents, Lester and Amy Willner, filed a complaint alleging strict products liability, negligence, … the jury's verdict is the trigger for the sanctions and remedies of Rule 4:58-2 or, conversely, whether the molded …
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… does not challenge that Timek proved the first two factors. It argues there was insufficient evidence to … day and reported his belief that the Proud Mary sergeant committed official 1 Because of the location of the … of [N]ew Jersey, use of force, performance of duty, obedience to laws and regulations." At a departmental hearing, …
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… EXAMINATION OF THE DEFENSE EXPERT AND IN SUMMATION, HE COMMENTED ON THE EXPERT HAVING BEEN COMPENSATED BY THE … of the Turay incident and another incident involving Diesuseul Marcelin (Marcelin incident). Defendant testified … instead suggested he "could instruct [the jury] that the fact that experts are paid for their time and their efforts …
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… TRIAL BASED 3 The PCR court's order is undated, but the accompanying letter opinion is dated December 22, 2017. 5 … TWO THE PCR COURT ERRED IN FAILING TO WEIGH MITIGATING FACTORS IN ACCORDANCE WITH MILLER4 WHEN CONSIDERING … to Miller, the constitutional infirmity could be remedied by a resentencing or consideration for parole. 577 U.S. …
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… pension fund. We affirm. We derive the following pertinent facts from the record. The parties were married on June 13, 1997 and had two children. Plaintiff filed a complaint for divorce from bed and board on November 13, … a party accorded relief under this rule" as one of the remedies for enforcement of litigant's rights. See also R. …
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… wrist. On appeal, defendant argues: POINT I THE JUDGE COMMITTED HARMFUL ERROR IN FAILING TO CHARGE THE JURY WITH … determine, including the law of the case applicable to the facts that the jury may find."'" Ibid. (quoting State v. … for evidence without a reasonable basis is not an ingredient of either due process or fundamental fairness in the …
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… financial facilitation, N.J.S.A. 2C:21-25(c) (count two); commercial bribery, N.J.S.A. 2C:21-10(c) (count three); … for a first-degree facilitation offense, and hence the factual basis for the entry of the plea was inadequate, and … provided to him by both sides, the judge concluded that the factual basis was adequate and that defendant could not …