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… war began on the same day that the attorney-review period commenced, and Seller accepted a higher bid from defendants … force and effect.” Buyers then filed a breach-of-contract complaint in the Superior Court, Law Division, demanding … three-day period within which notification must have been communicated had passed, and neither Buyers, their attorney, …
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… test, the Court considers whether its admission was accompanied by a sufficient limiting instruction. Immediately … the strip poker game for propensity purposes—was adequately communicated to the jury even if the trial court in its … contact, have a normal or non-specific exam”—and finds the comment problematic. However, the error does not mandate …
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… evidence. When an officer was called to investigate a noise complaint at an apartment complex, he saw defendant James L. Legette standing on a common porch. As the officer approached, Legette opened the …
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… discrimination in jury selection. In July 2005, defendant committed a series of shootings, killing one man and … the jury convicted defendant of two counts of conspiracy to commit murder, and one count each of attempted murder, … improper use of peremptory challenges must first make a prima facie showing that the challenge has been exercised on …
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… defendant M&K Construction (M&K) with regard to a workers’ compensation court’s order (the Order) that M&K reimburse … Specifically, M&K contends that New Jersey’s Jake Honig Compassionate Use Medical Cannabis Act (Compassionate Use Act or the Act) is preempted as applied to …
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… appeal, the Court reviews the Public Employment Relations Commission’s (PERC) decision that the employees’ health … therefore non-negotiable. PERC’s construction of Chapter 78 comports with the statute’s language and the Legislature’s … would have clearly mandated that outcome. III. A. “PERC has primary jurisdiction to determine in the first instance …
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… into evidence and the prosecutor’s remarks were fair comment on the evidence. During deliberations, the jury sent … defendant’s residence, showed two black males wearing hoodies walking through the park toward defendant’s residence … standing about a foot-and-a-half away from her wearing a hoodie; she could see the outline of a gun in his hoodie. By …
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… Education (Board), filed an action asserting statutory and common law employment discrimination claims against the … her indictment. The State presented to the grand jury a prima facie showing with respect to the elements of each … information or a charge regarding a defense that it was compelled by law to present. Defendant’s indictment does not …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … under the Constitution. The Court observed that “when it comes to the Fourth Amendment, the home is first among … scrutiny,” State v. Bolte, 115 N.J. 579, 583 (1989). To overcome that presumption, the State must show that a …
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… A.B., then seventeen years old, was charged in a juvenile complaint with offenses that would constitute first-degree … and third-degree endangering the welfare of a child if committed by an adult. The named victim is A.B.’s … 451 S.E.2d 415, 420 (Va. Ct. App. 1994) (requiring “prima facie showing of relevance”), People v. Nicholas, 599 …
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… a small item to the buyer. The trooper also observed, coming from 815 Line Street, a third unknown black male who … has an owner of record. Indeed, it is recognized that “for common law purposes real property cannot be abandoned.” … 21 Stan. L. Rev. 1227, 1228 (1969) (“[A] firmly established common law rule provides that a corporeal interest 22 in …
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… 1999, defendant Joseph Diorio started a wholesale produce company with David Menadier and Michael Fava. Menadier, who had no prior experience in the industry, was …
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… by defendants1 to dismiss several portions of the amended complaints and second amended complaints of plaintiffs The … “borrowing” of Federal RICO structure, purpose and remedies justifies the appropriateness of “borrowing” the new … the remand motion, Prudential asserted that PRIAC was the primary actor for the purpose of claiming that “there is no …
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… and found the back door ajar and his television, laptop computer, and gaming system missing. He described the man … were each indicted for burglary, theft, and conspiracy to commit burglary. At trial, Clarke testified that defendant … request and gave the following instruction to the jury: Ladies and gentlemen, I’m going to strike the last question …
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… seconds later, Officer Devlin opened the driver’s door and commanded that he step out of the vehicle. Defendant did so, … instructed defendant to show his hands, he was slow to comply. The two officers quickly patted defendant down, … very narrow exception to the warrant requirement is based primarily on public-safety concerns that require prompt …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS February 11, 2021 Lawrence S. Berger, … Block 75, Lot 1 (the “subject property”). The real property comprises a 22.84-acre rectangular shaped parcel located at … property is located in Washington Township’s HC – Highway Commercial District, permitting uses that include appliance …
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… David Richardson of aggravated sexual assault during the commission of a burglary, burglary, theft, possession of a … next brought B.M. to the living room where her laptop computer was located. B.M. testified that defendant, while … AN EVIDENTIARY HEARING BECAUSE THE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF TRIAL AND APPELLATE COUNSELS' …
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… the Dog Bite Statute includes an exception, based on primary assumption of the risk, for independent contractors … son, and she urged caution in handling the dog. Defendant completed an intake form that was displayed outside the … that the facility was very busy and “only had one accommodation for the dogs, so in order to separate them …
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… the police, under certain circumstances, to intercept communications on a newly discovered telephone facility used … State presented “more than adequate” evidence to support a prima facie case. Defendant pleaded guilty to leading a … the State’s wiretap law, provided they have otherwise fully complied with the statute. Going forward, law enforcement …
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… by N.J. to conclude that defendant had a tendency to commit criminal acts. The jury found defendant guilty of … that incident. The assaults of K.M. and N.J. had certain common elements, but when evidence of a prior sexual assault … of the action.” In Covell, supra, this Court noted that the primary focus in determining the relevance of evidence is …