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… armrest. He reached inside the car to retrieve the pill and ordered defendant out. As defendant exited, another officer … States, 487 U.S. 533, 536 (1988)). Because we reverse the order denying defendant's motion to suppress the evidence …
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… 2019 2 A-5233-17T3 Defendant Karon Townes appeals from an order entered by the Law Division on May 24, 2018, which … therefore denied relief and memorialized its decision in an order dated May 24, 2018. This appeal followed. On appeal, … was diagnosed with Stargardt disease, which is a retinal disorder characterized by macular degeneration that causes …
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… such evidence only has to "outweigh" its probative value in order to compel its exclusion; i.e., the risk does not have … here. See State v. Sugar, 100 N.J. 214, 234 (1985). In order to contest the admissibility of evidence obtained by a …
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… (Township) appeals from the Tax Court's February 15, 2019 order granting plaintiff Plaza Twenty Three Station LLC's … and that the moving party is entitled to a judgment or order as a matter of law.'" Town of Kearny v. Brandt, 214 …
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… raise a reasonable doubt in the outcome of a jury trial in order to be considered harmful, whereas the second prong of … trial, satisfying the second Strickland/Fritz prong. "[I]n order to establish a prima facie claim, a petitioner must do …
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… Defendant Gary Wilson appeals from the trial court's order denying, without an evidentiary hearing, his … of the examination. 5 A-0151-18T4 manic phase of Bipolar disorder" and his "ability to govern his thoughts and behavior … this standard of review, we affirm the trial court's order denying relief. As did the PCR court, we apply the …
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… returns to our court following a limited remand we ordered in a published opinion issued on April 2, 2019. See … parental rights. II. Our scope of review on appeal from an order terminating parental rights is limited. N.J. Div. of …
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… Ridgeway appeals from the September 13, 2018 Law Division order denying his petition for post-conviction relief (PCR) … defendant must prove prejudice. Fritz, 105 N.J. at 52. In order to establish the Strickland prejudice prong to set …
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… POINT IV THE SENTENCE IS EXCESSIVE.[2] 1 The judge also ordered that the sentences run concurrently to sentences … a showing of exigent circumstances was required in order to comply with the Fourth Amendment, specifically 'the …
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… victims. Defendant accosted a third victim in his car and ordered him to drive defendant to the same Wawa. Defendant … with him." However, instead of complying with Redmond's order, defendant tried "to push past [Redmond]," by "pushing …
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… 1:36-3. 2 A-0617-18T2 PER CURIAM Defendant appeals from an order entered by the Law Division on January 9, 2018, which … "bald assertions" made by [defendant]. The judge entered an order dated January 9, 2018, denying PCR. This appeal …
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… and makes immediate use of that instrument as a weapon in order to fight off an impending threat, then, and only then, … his own testimony[, defendant] did not take the hammer in order to protect himself. He took the hammer out of fear, he … also erred in rejecting his request to charge the petty disorderly persons offense of mutual fighting as a …
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… Defendant Douglas Battle appeals from a November 16, 2018 order denying his petition for post-conviction relief (PCR) … comprehensive October 22, 2018 oral decision and coincident order concluding that defendant failed to establish a prima …
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… then appealed to this court.1 In September 2018, we entered orders in both appeals granting motions by the CSC to remand … reemployment list shall be certified and appointed in the order of their ranking and the certification shall not be …
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… others. Eventually, she had to borrow money from Daniel in order to satisfy at least some of those lenders. Hong kept … 224 N.J. Super. 92, 97 (App 17 A-5299-17T2 Div. 1998). An order for additur adjusts the damages but leaves the …
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… investigatory procedures would have been pursued in order to complete the investigation of the case; (2) under … Bennett v. Pillion, 105 N.J.L. 359, 362 (E. & A. 1929) ("In order to have [an alleged claim of error] considered by the …
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… Jersey State Parole Board (Board) revoking his parole and ordering him to serve one year in state prison for violating … imitation CDS, we affirm the Board's findings and its final order revoking parole. I. In 2006, a jury convicted Helms of … CDS during the encounter. Helms was charged with the disorderly persons offense of failing to turn CDS over to a law …
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… Mike Assad appeals from the Law Division's July 31, 2019 order granting defendant Absecon Board of Education's1 Rule … v. Hayman, 418 N.J. Super. 291, 305 (App. Div. 2011) ("In order to be awarded counsel fees under the catalyst theory, …
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… of a duty to preserve evidence independent of a court order we endorsed in Aetna Life & Casualty Co. v. Imet Mason … had successfully skied Pipe Line shortly before she did in order to counter her argument that the slope was in a …
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… and applicable legal standards, we affirm the judge's order granting summary judgment to defendant. Accordingly, … cogent statement of reasons accompanying a January 9, 2019 order, the motion judge squarely addressed the parties' …