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njcourts.gov
… But they may not use deadly force if they can retreat with complete safety. The castle doctrine provides an exception … with drugs and left the apartment at Fletcher’s request to get a sippy cup for her child. He suspected that Anderson … appeal.’” State v. A.R., 213 N.J. 542, 561 (2013) (quoting 26 State v. Corsaro, 107 N.J. 339, 345 (1987)). In essence, …
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njcourts.gov
… assault, and second- degree child endangerment—crimes he committed against his eight-year-old stepdaughter, E.C.1 At … texted, "J.R. this is a tragedy and all of this needs to get resolved[,]" "I'll call the police[.]" He texted that he … it did not change his defense strategy); State v. Orlando, 269 N.J. Super. 116, 139 (App. Div. 1993) (allowing …
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A-3860-23 Brief
Briefs
njcourts.gov
… 18 A. The Record Clearly Establishes that the Commercial Use of the Property has been Discontinued. (T3, … (Not Raised Below). .................................... 26 FILED, Clerk of the Appellate Division, October 07, 2024, … “my client allowed the lease to expire so that we could get in there and dig up whatever needed to be dug up, which …
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njcourts.gov
… and autopsy photos; (3) permitting the prosecutor's comments in summation, which amounted to misconduct; (4) … A-0840-22 something like that," and the man was using it to get "something coming out of the door . . . ." She told her … AUTOPSY PHOTOS OVER DEFENSE OBJECTION, REQUIRING REVERSAL. 26 A-0840-22 POINT III THE PROSECUTOR ENGAGED IN MISCONDUCT …
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njcourts.gov
… stayed outside and stared at Gaffney to entice him to come back out. Gaffney did so, and they began to fight a … to constitutionally convict defendant of a crime. (pp. 22-26) 2. There are two crucial distinctions between an element … that defendant “kept on saying ‘I’m not done. He didn’t get me. He didn’t get me. He didn’t knock me down. Nobody …
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njcourts.gov
… his body camera upon arrival. Bertini heard yelling coming from a small room inside the group home. When he … weapons or where they were, for the safety of everybody, to get her detained." While Dot was on her stomach, Bertini, … stated on the record. At the sentencing hearing on April 26, 2021, applying N.J.S.A. 2C:43- 6.5(c)(2), the judge …
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njcourts.gov
… broke up again in September 2017, but they continued to communicate. According to the victim, defendant did not accept the break-up, and he repeatedly asked to get back together. On January 3, 2018, as the victim was … legal conclusions de novo. State v. Hubbard, 222 N.J. 249, 263 (2015). This includes the court's conclusions as to the …
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njcourts.gov
… a juvenile. ________________________ Submitted October 26, 2022 – Decided March 3, 2023 Before Judges Accurso and … adjudicating him a juvenile delinquent for conduct which if committed by an adult would constitute the fourth-degree … court again instructed the child, "all you had to do was get up here and tell the truth[.] That's all you have to …
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njcourts.gov
… at 579. "[W]e must ensure there is 'a residuum of legal and competent evidence in the record to support'" the court's … part. Then we will brief it so you [plaintiff] won't get suspended until [J]anuary or [F]ebruary. I am going to … this title or imprisoned not more than 20 years, or both." 26 A-1097-21 disciplinary hearing interacts with witnesses …
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njcourts.gov
… eighteen years old.2 The parties sporadically spent time together which included non- traditional consensual sexual … defendant permission to post the videos on social media and complained to him that the comments his followers left about … Div. of Motor Vehicles v. Miller, 115 N.J. Super. 122, 126 (App. Div. 1971). "[D]ue process forbids the trial court …
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njcourts.gov
… by name at her home. Defendant maintained that he did not commit the carjacking and stated, “[i]f it’s me that you’re … fall outside the protections of the First Amendment altogether. Those historically unprotected categories of speech … its unconstitutionality.” State v. Lenihan, 219 N.J. 251, 265-66 (2014). B. The First Amendment to the United States …
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njcourts.gov
… in this action of another former patrolman, he amended his complaint to add a count that defendants' LAD violations … for plaintiff. The jury awarded compensatory damages of $262,000 for back pay and front pay and $500,000 for … that being in the reserves meant that plaintiff would never get promoted. Davenport testified that the procedure for …
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njcourts.gov
… granting summary judgment dismissal of her personal injury complaint against defendants Mountain Creek Resorts, Inc. … moving to the "steeper pitch" on the "Sugar Slope." To get to the top of the Sugar Slope, Henry and the sisters had … must be granted. [Steinberg v. Sahara Sam's Oasis, LLC, 226 N.J. 344, 366 (2016) (citations omitted) (quoting R. …
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njcourts.gov
… N.J.S.A. 2C:14-10(a). We recite the facts from the fresh complaint evidentiary hearing and the trial testimony. G.V. … complaint hearing. Amy and Wanda attended seventh grade together and were best friends at the time. According to Amy, … DISCRETION IN SETTING A TOTAL FINANCIAL OBLIGATION OF $31,260.66. (Not raised below). A. The Court Improperly …
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njcourts.gov
… a university and obtained a bachelor's degree in corporate communications. In 2013, plaintiff, who has a bachelor's … and submitted two clips verifying the child trying to get the recording device back from plaintiff, resulting in … including with the selection of the visitation supervisor. 26 A-0063-22 The judge chastised both parties for recording …
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A-0439-23 Briefs
Briefs
njcourts.gov
… 973.540.0054 Fax: 973.540.1516 Email: jhm@maynardlawoffice.com Attorney for Appellant Ronald Iglesias STATE OF NEW … 25, 26 State v. Elders, 192 N.J. 224 (2007) … Dunn told Mr. Iglesias that he (the attorney) had to first get the discovery in the case before he could consider …
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njcourts.gov
… by statute, serve a disproportionate number of low-income patients -- challenge New Jersey’s charity care … charity care does not effect a taking. 478 N.J. Super. 626, 641-42, 649 (App. Div. 2024). The Court granted … documented charity care.” Id. at .59i(b)(2). The eleventh gets 94%, and each hospital ranked twelfth or below gets two …
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njcourts.gov
… order; and (4) August 9, 2022, that adopted the SHO's recommendations and granted plaintiffs preliminary and final … expected to hear an amended application on Tuesday, March 26 that would bring 206 new housing units and retail to an … plaintiffs argued a SHO was necessary because they did not get a "fair hearing." Plaintiffs pondered "how can an …
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A-2518-23 Briefs
Briefs
njcourts.gov
… 2 N.J. Ct. R. 2:10-2 1 NEW JERSEY STATUTES N.J.S.A. 2C:40-26 4 iv 094560.000001 9360632v1 FILED, Clerk of the … the matter to the Appellate Division on the issue of the community caretaking doctrine. Id. Yet, the State now argues … a shopping plaza parking lot in separate cars, co-defendant getting into defendant’s car, the pair making a loop around …
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njcourts.gov
… on which the prosecution will proceed regardless of the outcome of the Motion for Leave to Appeal. An interlocutory … beer cans after he had struck the Gaudreaus. He stated, "I get impatient, I had beer in my system, now my life is … 197 N.J. at 403 (citing State v. Reed, 133 N.J. 237, 261-62 (1993)). In Reed, the defendant was not made aware …