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… Samantha, and Samantha’s friend, when she heard footsteps coming up the stairs. She testified that a man opened the … grounds testimony in personal views, rather than objective facts, the net opinion rule requires the exclusion of such … he candidly admitted that he did not consider any of the factors that can affect coverage listed in the Court’s …
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… New Jersey, Inc., inheritor of New Jersey Bell Telephone Company's local exchange service telephone network, has been … amount of all 4 A-2909-18 telephone equipment manufacturing."1 AT&T Corp. v. Iowa Utils. Bd., 525 U.S. 366, … § 50(b). The Dispute With that backdrop, a few additional facts will help put the dispute between Hopewell and Verizon …
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… that he was requesting copies of the video under the common law. Fuster also emailed Chatham records custodian … expectation of privacy, the Court considers the seven factors set forth in Doe v. Poritz, 142 N.J. 1, 88 (1995). … of Fuster’s own complaint as he made it to the police (Doe factors one and two). In terms of the privacy interests of …
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… was charged with attempted murder and conspiracy to commit murder. The State moved to admit defendant’s … Ibid. And the Court adopted a non-exhaustive list of five factors for courts to consider when assessing whether the … Argued November 28, 2022 Decided May 9, 2023 Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for …
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… G.T.C. of conspiring with his ex-paramour, R.B. (Rayna), to commit the crimes of aggravated sexual assault and … III TRIAL AND APPELLATE COUNSEL'S FAILURE TO RAISE THE FACT THAT THE MINOR KNOWN AS S.C. WAS NOT RELATED TO [RAYNA] … also applies to 16 A-2147-20 mixed questions of law and fact. Id. at 420. Where an evidentiary hearing has not been …
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… Raised Below) 2 HSV-2 and HSV-1 cause genital herpes, a common sexually transmitted infection. Genital … SENTENCE WAS BASED ON FLAWED FINDINGS REGARDING AGGRAVATING FACTORS THREE AND SIX. We are persuaded by defendant's … or any expert qualified to testify about blood or antibodies in the context of HSV-2 transmission. On October 24, …
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… challenges and entered a judgment dismissing plaintiff's complaints with prejudice. Plaintiff now appeals from that … presented, the testimony provided by all the experts, the factual witness and the public, and the cross-examination … MLUL. See N.J.S.A. 40A:12A-5 to -8. Municipal governing bodies and planning boards "have an obligation to rigorously …
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… BANK SECURITIES, INC., DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendants-Respondents, and BAYSIDE CONDOMINIUM … Furey as well. The jury was presented with the following facts. The deck collapse occurred at a condominium duplex … charge. The judge's draft charge included a list of factors from reported cases that courts had considered …
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… Court considers whether the Hartford Underwriters Insurance Company (Hartford) is obligated to defend SIR Electric LLC … employees relinquished their right to pursue common-law remedies in exchange for automatic entitlement to certain, but … of its infliction on the worker must be (a) more than a fact of life of industrial employment and (b) plainly beyond …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY ESSEX … the FAC named separate John Doe defendants, it asserted factual allegations alleging that a single John Doe … request for: “All Documents and Communications relating to facts in paragraph 73 of Your Answer including, but not …
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… disability" is currently accepted in the medical community "to describe the identical phenomenon." Hall v. … THE STATE'S BURDEN BY DIRECTING THE JURY TO CONSIDER THE FACTS SURROUNDING THE INCIDENT IN DETERMINING WHETHER [S.S.] … AN ELEMENT OF ONE OF THE OFFENSES TO FIND TWO AGGRAVATING FACTORS, AND IN FAILING TO EXPLAIN THE APPLICATION OF …
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… RESENTENCING, BECAUSE THE COURT FOUND IMPROPER AGGRAVATING FACTORS, AND FAILED TO FIND RELEVANT MITIGATING FACTORS. After a thorough review of the record, we conclude … and signed a polygraph consent form. After the exam was completed, the detective advised defendant that he failed …
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… Association, Inc., and Paul Nunziato, filed a Verified Complaint against defendants, the Port Authority of New York … 47:1A-5(g). [Burke, 429 N.J. Super. at 174.] The salient facts in Burke provide a concrete example of how to … Revenue Service. Id. at 33-34. He also requested "the factual basis underlying documented action and advice to …
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… with some designated for affordable to low or moderate-income households (the Mt. Laurel settlement). The Mt. Laurel … https://www.fws.gov/Midwest/endangered/mammals/nleb/pdf/NLEBFact Sheet01April2015.pdf. It "was listed as threatened … models, buffer models, or wildlife habitat suitability studies." Ibid. (emphasis added). However, the documentation …
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… as HIDTA (High Intensity Drug Trafficking Area), which is comprised of digital photos of individuals who were … court further determined the State did not provide a satisfactory explanation for its failure. The judge found that … identification was appropriate "in view of the clear fact that the officer [] had the capability to print out the …
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… shall discuss in this opinion, the pertinent choice-of-law factors explicated in P.V. and Cornett weigh in favor of the … to the litigation. Because plaintiff did not file his complaint in the Law Division until after the two-year … Alabama law concerns principles of equitable tolling embodied in the "discovery rule." In New Jersey, the limitations …
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… The investigation involved the interception of over 27,000 communications consisting of texts and phone calls pursuant … evidence that co- defendant Clayton was involved in manufacturing crack cocaine as well as evidence, under N.J.R.E. … BY THE PROPER ASSESSMENT OF AGGRAVATING AND MITIGATING FACTORS. Leonard raises the following points for our …
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… under the speedy trial rule and statute, a case may be "complex" if it has "complicated evidence," but time is … in the NJSP DNA Laboratory. 7. Due to a number of factors including, but not limited to, the current work load … defendant with testing results generated by the private manufacturer of a breathalyzer device when the State returned …
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… two of them expressed that the incident had made them uncomfortable or nervous. Defense counsel moved unsuccessfully … also placed defendant at the scene wearing a distinctive hoodie associated with the shooter. The two co-defendants, … purpose. The court found that aggravating sentencing factors three, N.J.S.A. 2C:44-1(a)(3); six, N.J.S.A. …
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… plaintiff Charles Kazaba, Jr., for his filing of a 2012 complaint alleging defendant discriminated against him based … presented on appeal includes only a statement of material facts, see R. 4:46-2, submitted in support of defendant's motion. The statement is limited to facts supporting defendant's assertion it was entitled to …