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… By February 24, 2013, Vandewalle's co-workers had become anxious about her whereabouts. One of Vandewalle's … to talk any further without an attorney. The detectives stopped the interrogation and, as they got up to exit the … in Miranda, interrogation 'must reflect a measure of compulsion above and beyond that inherent in custody …
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… Errors Warrants Reversal. POINT II – THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN ADVISING THE JURY TWICE THAT … death or serious bodily injury. Now, and that has to be accompanied by the manner in which it is used would lead the … (2000) (quoting Cannel, New Jersey Criminal Code Annotated, comment 4 on N.J.S.A. 2C:39-5 (1999)). 9 A-0749-16T1 In any …
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… THE FIRST JURY'S VERDICT, THE DOCTRINE OF COLLATERAL ESTOPPEL, ALSO KNOWN AS ISSUE PRECLUSION, BARRED THE STATE … and signed a polygraph consent form. After the exam was completed, the detective advised defendant that he failed … 8 A-0359-15T3 the results, defendant made incriminating comments that his mouth might have unintentionally touched …
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… testified that he observed a person wearing a gray hoodie shooting at the balcony. He saw the suspect run into an … him and pulled him to the ground. After the shooting stopped, Karshawn looked for 6 A-0737-16T1 his brother. He … The video shows Skillman lift his arm and a flash of light comes from it. Defendants are then seen fleeing in the …
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… into her mouth for approximately one minute. The incident stopped when S.L. heard her mother calling for her. S.L. ran … the police confiscated his phone. Initially, the PCPO's computer services unit was unable to bypass the phone's … features. However, Henry Hernandez, who works in the PCPO's computer services unit, eventually bypassed the phone's …
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… On November 8, 2005, defendant invited the victim to come to Willingboro to socialize, drink, and use drugs with … based on principles of double jeopardy, collateral estoppel, and fundamental fairness. Defendant repeated the … handgun for an unlawful purpose. Collateral estoppel is embodied in the Double Jeopardy Clause and "'means simply that …
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… is a Tier II sex 3 A-4937-15T1 offender and subject to community supervision for life (CSL) under Megan's Law, … of sexual abuse by D.R. On October 23, 2013, the Division commenced an investigation. Caseworker Monica Maher … Father. Father told D.R. he would hurt J.R. if she did not comply. D.R. also stated that when Father was residing in …
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… use in other cases is limited. R.1:36-3. 2 A-4727-15T2 Christopher S. Porrino, Attorney General, attorney for respondent … post-traumatic stress disorder (PTSD) in 2011, but did not comply with the recommended treatment and self-medicates with marijuana.2 …
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… to the litigation. Because plaintiff did not file his complaint in the Law Division until after the two-year … been reported to persist after Accutane treatment has stopped." Kendall, supra, 209 N.J. at 183 (internal quotation … Alabama law concerns principles of equitable tolling embodied in the "discovery rule." In New Jersey, the limitations …
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… "approximately two years" and she had caused a "loss to the company" in the millions of dollars. After her interview … how, beginning in 2012, she utilized her access to Sears's computer system and inventory to create orders which caused … absolutely we won't ask you any more questions, you can stop right now. That's up to you. In response to Wilden's …
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… ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. JOSEPH M. CALAVANO and LIBERTY MUTUAL INSURANCE COMPANY, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). Policy exclusions, …
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… related to a traffic ticket. Thereafter, defendant and Ward completed substance abuse evaluations. For her part, … under the influence in approximately 2006. The evaluator recommended that defendant attend "Level 1" outpatient … relapsed. He further believed that defendant's decision to stop attending AA was appropriate and did not place her at …
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… LLC, attorneys; Jason F. Orlando, John W. Bartlett and Christopher D. Zingaro, on the briefs). NOT FOR PUBLICATION … (LAD), N.J.S.A. 10:5-1 to -42. Additionally, Falco asserted common law claims of breach of contract, breach of implied … retaliation raised under common law or other statutory remedies. N.J.S.A. 34:19-8; Tartaglia v. UBS PaineWebber Inc., …
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… defendant told Officer Orndorf that another person, Christopher Meyers, was in the car. The police ordered Meyers out … However, "[a] deficiency in one of those factors 'may be compensated for, in determining the overall reliability of a … into a search). Likewise, we agree with the judge that communicating by loudspeaker was objectively reasonable and …
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… (Robyn A. Veasey, Deputy Public Defender, of counsel; Christopher Anthony Huling, Designated Counsel, on the brief). … with Ann. 2 Alice did not respond to the guardianship complaint or participate in the trial. The court entered … and he had violated the conditions of his probation by committing an aggravated assault on his fiancée, S.B. David …
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… NO. A-5070-18 A-0153-19 VNO 1105 STATE HWY 36, L.L.C., %STOP & SHOP, Plaintiff-Appellant, v. TOWNSHIP OF HAZLET, … it did fault Lamicella for including in his report a comparable land sale in Wall from 2012. VNO opposed the … work. See N.J.S.A. 40A:9-22.10(c) (stating that the remedies provided for violating the LGEL "are in addition to all …
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… Erik Hoffman obtained warrants to retrieve and record communications of Davis's and Kemar's cellphones. In early … Kemar, Bernard, and Davis, pertaining to a drug buyer's complaint that a kilo of cocaine was "handicapped" and … that characterization of incident as an investigatory stop is a legal question); United States v. Montilla, 928 …
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… became mentally alert, oriented, and able to follow commands. Defendant could not recall anything about the … blood sample was taken, he was discharged and voluntarily accompanied Ware and another officer to the Passaic County 4 … 269, 272 (App. Div. 2001), following a motor vehicle stop, an officer asked the defendant driver for consent to …
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… to her four children, L.M. (Linda), born in 2003; Ez.M. (Eddie), born in 2004; J.M. (Jill), born in 2006; and A.M. … of the three girls. The court directed that the parties comply with all Division recommendations. In January 2015, … were available. By March 17, 2017, defendant's phone stopped accepting calls from the caseworker. On March 21, …
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… Anne Allegro, Designated Counsel, on the brief). Christopher L.C. Kuberiet, Acting Middlesex County Prosecutor, … and Brown seized the clothing. While waiting for a towing company to arrive to impound the vehicle, Hamer testified … right to counsel.2 When asked whether he had ever studied law, defendant indicated that he completed a program …