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… term on count two. On appeal, he argues: POINT I THE COURT COMMITTED REVERSIBLE ERROR WHEN IT PERMITTED [A DETECTIVE] … (App. Div. 2003). The assistant prosecutor told the jury: Ladies and gentlemen, this is not some grand conspiracy. The … was more than one shooter. That bullet took a right turn. Ladies and gentlemen, Lee Harvey Oswald shot JFK, a lone …
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… convicted a second time, but because his second offense was committed more than ten years after his first, he was … An issue was later raised concerning defendant's competency to stand trial because he suffered a traumatic … had "experience with psychiatry or psychology"; "ever studied [] psychiatry or psychology"; or knew "anything about …
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… Bonsall appeal from Law Division orders dismissing their complaint on NJT's summary judgment motion and denying their … dismissal of Sheri's per quod claim. Yet, for the sake of completeness, had we concluded William should be permitted … was palpably unreasonable. The fundamental principles embodied in the TCA include the notion that governmental …
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… THEREBY DENYING DEFENDANT A FAIR TRIAL. POINT III THE STATE COMMITTED PROSECUTORIAL MISCONDUCT WHEN THE PROSECUTOR … 9-1-1 and told the operator her ex-boyfriend had recently come to her house and "started going crazy." She ran out and … Williams consented to a search of her bedroom, the common areas in the home, and her cell phone. During the …
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… Jim to attend substance abuse evaluations, and both were recommended for an intensive outpatient program (IOP). Amy was … for Suboxone. Amy continued attending SFS and was recommended for a level one outpatient program in October 2014. She successfully completed the program in March 2015, but the Division …
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… Department employment" and an imputed "$25,000 per year income from Environmental Pest Control LLC (termite business) for an imputed weekly income of [$2019]." Plaintiff was imputed an income of $16,640 annually or $320 per week. The MSA also …
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… under the age of [twelve] relating to sexual misconduct committed . . . against that child is admissible in a … lend some truthfulness" to these statements was Nina's comment to Detective Manzo that defendant touching her "felt … to . . . those two lines." Immediately before the trial commenced, the State moved to exclude an excerpt from a …
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… reached for his own gun and trained it on Williams. Johnson commanded Williams to show his hands and not to move. … keep Williams in his grasp, Williams "c[a]me out of his hoodie[,]" and pushed off of Reed. Williams fled down the … he] didn't want to mistakenly shoot her." Despite this command, the woman "wasn't listening" and "stayed in …
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… disability retirement benefits, a claimant must also comply with N.J.S.A. 43:16A-7(a)(1)'s procedural … disability is due to the accident and the filing was not accomplished within the five-year period due to a delayed … out . . . right where he was." When asked if the shots were coming toward him, Ilic stated only that "they sounded like …
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… failure to cure its default in payment or to respond to the complaint in this action. I. The facts derived from the … that became due. Thereafter, the City filed its foreclosure complaint. Defendant failed to answer or otherwise respond. … supplemental submissions regarding same. After the parties completed discovery, the Chancery judge held a second …
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… The same judge (the judge) issued an order and rendered a comprehensive written decision adjudicating the three … its counterclaim for failure to exhaust administrative remedies. We affirm the Board's grant of the use variance. … . . . HAS FAILED TO EXHAUST ITS ADMI[N]INISTRATIVE REMEDIES CONCERNING [THE BOROUGH'S] DENIAL OF WAINWRIGHT'S …
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… Plaintiff-Appellant, v. TOWNSHIP OF MIDDLETOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN, TOWNSHIP OF MIDDLETOWN PLANNING BOARD, LTF REAL ESTATE COMPANY, INC., RED BANK HMS, LLC, and MACK-CALI REALTY … measure of repose to actions taken against public bodies." Tri-State Ship Repair & Dry Dock Co. 28 A-2029-20 v. …
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… as a condition of probation; the presumption can be overcome only when a state prison sentence would be a serious … imprisonment and parole ineligibility terms for persons who committed certain offenses while armed with a firearm. The … focus on the offense conduct and did not account for the compelling need to deter others from bringing out-of-state …
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… testifying, among other things, that the epidemiology studies on which the defense relied were flawed and unreliable, … appeal from a September 19, 2016 order dismissing their complaints on the same basis. By order dated December 7, … relevant scientific evidence other than epidemiological studies, despite their plausible explanations for doing do.5 …
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… TO A FAIR TRIAL WITH A MEANINGFUL OPPORTUNITY TO PRESENT A COMPLETE DEFENSE BY SUSTAINING DETECTIVE ECKERT'S REFUSAL TO … device is available only to law enforcement; however, components of the device, including the GPS chip, are sold commercially. The GPS records location data on the device …
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… that backup officer Mailot noticed that Carrillo disobeyed commands to keep his hands on the vehicle and reached … drugs. In response, Carrillo alleged he obeyed the command to place his hands above the car while the officer … and third alterations in original) (quoting Illinois v. Caballes, 543 U.S. 405, 407 (2005)). "An A-4889-18 17 officer . …
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… ensued. Officer Alex Dorleant was driving home after completing his patrol shift at 2:00 a.m. and heard a "commotion." He observed two individuals arguing and saw … Officer Puryear then turned back to defendant and said, "Come back here." She asked defendant if he "ha[d] anything …
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… Shortly thereafter, Gregory Jean, a Division intake worker, commenced an investigation and learned Lisa's urine tested … remained 3 Alprazolam, a benzodiazepine, is the active ingredient in Xanax. See State v. Michaels, 219 N.J. 1, 9 (2014) … (a type of benzodiazepine that is the active ingredient in Xanax)."). 5 A-2972-22 "clean" during the remainder …
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… the owner [occupant] or that it resulted from an activity, commercial or otherwise, which was carried on by the owner … therein for which the owner is not responsible, the owner becomes responsible if the owner makes the repairs negligently … 183, 193 (App. Div. 1998). The existence of a shade tree commission immunizes property owners, without distinction as …
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… Plaintiff-Appellant, v. TOWNSHIP OF MIDDLETOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN, TOWNSHIP OF MIDDLETOWN PLANNING BOARD, LTF REAL ESTATE COMPANY, INC., RED BANK HMS, LLC, and MACK-CALI REALTY … measure of repose to actions taken against public bodies." Tri-State Ship Repair & Dry Dock Co. 28 A-2029-20 v. …