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… motion for a discretionary extended term, the trial court ordered the appropriate merger, ran all remaining counts … conduct, that finding does not end our inquiry "because, in order to justify reversal, the misconduct must have been 'so … placed the burden on him "to dis-prove that he left in order to avoid arrest, when it should have placed the burden …
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… "wouldn't harm the defendant." In a written memorandum and order, the trial court also denied defendant's motion to … 208 N.J. at 289. III. Next, defendant argues that in order to challenge his defense that he was never at the … N.J. 447, 485 (2020), our Court recently held that a court order requiring a criminal defendant to disclose the …
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… loan had been repaid. That the funds were put back in short order does not defeat either conviction. No further … VII. In his sixth point, defendant contends that in order to establish guilt on count five, the State had to … trial courts must exercise extreme caution," before ordering a downgrade. Megargel, 143 N.J. at 502. In all …
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… Rupani appeals from the Law Division's February 18, 2020 order entered after a de novo trial on the record. The Law … defendant's convictions and sentence in a February 18, 2020 order. 12 A-2881-19 to a jury trial and if so, there was no … Id. at 117. The sentencing court had the discretion to order the device to remain in place between one and three …
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… reason, we are obliged to affirm. We do so regarding the order excluding Witter's statement discharging Williams. … assume that that body will shirk its responsibilities in order to hide the truth." Ibid. In this case, one may … E. Rule 2:10-2 Finally, we conclude that the court's order excluding Witter's letter, and Cates's and Williams's …
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… investigations. He appeals from a November 15, 2016 order denying his motion to suppress physical evidence … two-day evidentiary hearing and issued a November 15, 2016 order and twenty-page opinion denying the motion. The court … note that on May 26, 2021, Chief Justice Rabner entered an order assigning a judge on a statewide basis to handle all …
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… Company, Inc. appeals the Law Division's December 6, 2019 order entering judgment and awarding plaintiffs, Alan … hazard. On December 6, 2019, the trial court entered an order denying defendant's motion for a new trial and entered a memorializing order. This appeal followed. On appeal, defendant raises two …
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… inadequate coverage." Plaintiff appeals from a May 10, 2019 order denying her cross-motion for summary judgment and a November 20, 2019 order granting Purdy's motions for involuntary dismissal … November 12, 2019, at trial, and issued a November 20, 2019 order. Purdy, who served as the insurance agent for Holmdel …
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… the court should question those jurors individually in order to determine precisely what was learned, and establish … false alibi witnesses, concealed weapons, or fled in order to avoid apprehension." Ibid. "Moreover, statements … a waiver. In a detailed written opinion accompanying the order, the judge recounted the applicable legal principles …
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… about ten minutes. As a result, officers obtained a court order permitting the retrieval of defendant's phone and … defendant to walk across the street since that was the border of Rahway, and defendant left. Robert Scully, a New … the remark was withdrawn promptly, and whether the court ordered the remarks stricken from the record and instructed …
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… on December 16, 2015, after the State's application for an order compelling physical exemplars was granted by the trial … statements at trial and memorialized the decision in an order dated January 18, 2018, that was accompanied by a … need not be dispositive or even strongly probative in order to clear the relevancy bar," State v. Buckley, 216 …
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… in plain view on a table and a man seated nearby. Bennett ordered the man to leave the house, and Bennett then entered … "to the executive branch the authority to issue emergency orders to protect the public health, safety and welfare"). … But the vagueness problem is irremediable. That is why we order outright reversal of the ethylone-related counts. 30 …
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… [osteoporosis] of arthritis" for 9 A-3931-18 which Antebi ordered physical therapy and pain medication. Notably, at … at the scene of the alleged offense. The trial court may order such amendment or amplification as the interest of … at the scene of the alleged offense, or make such other order or grant such adjournment, or delay during trial, as …
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… Montoya went to the driver's side of the Honda and ordered Torres out of the car. He conducted a pat down … was when Detectives Judeh, Montoya and DeGiglio arrived and ordered them out of the car. Torres denied placing a gun … contends police lacked any justification for immediately ordering him out of the passenger side of the Honda and …
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… second-degree robbery, N.J.S.A. 2C:15-1(a)(2), and the disorderly persons offense of theft by unlawful taking, … on, while Jose ran into the restaurant to place the order. As Jose walked toward the restaurant, a man, who Jose … smoke and continued into the restaurant. After placing the order, Jose returned to the car and stood by the open …
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… messing around, that I was getting him mad." Defendant then ordered L.R. to lift her shirt because he wanted to suck her … of defendant through police procedures.6 A memorializing order was entered that day. On April 2, 2019, the trial … court denied defendant's motion and entered a memorializing order. At trial, the State's DNA forensic analyst testified …
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… the gun behind what he described as a video cassette recorder. Second Search of 400 Highland Avenue After taking the … from Williams asserting that the detectives were lying, in order to support J.A.W.'s position that there was a material … State v. Prall, 231 N.J. 567, 583 (2018). A trial court may order that multiple indictments or juvenile complaints be …
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… not to have a weapon, N.J.S.A. 2C:39-7(b)(1), and two disorderly persons drug offenses, and the court imposed an … recovered from his vehicle; for reconsideration of the order denying his suppression motion; for judgment of … 2C:39-7(b)(1). Defendant was also charged with two disorderly persons offenses—possession of 3 A-5138-18 …
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… was not generally known. The court issued a written order and written decision granting the motion. The court … court shall exercise reasonable control over the mode and order of interrogating witnesses . . . ." N.J.R.E. 611. The … . . . 'trial courts must exercise extreme caution[]' before ordering a downgrade." Locane, 454 N.J. Super. at 122 …
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… have reorganized defendant's point headings to reflect the order in which we discuss each issue in our opinion. 3 … or accident — but not "to prove a person's disposition in order to show that on a particular occasion the person acted … governing the admissibility of business records: In order to qualify under the business record exception to the …