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… 2C:15-1(b) (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … 217 N.J. 368, 382 (2014)). We defer to a trial court's fact findings on a Miranda motion, if supported by … to prove beyond a reasonable doubt that the interrogating officer has complied with Miranda. State v. Yohnnson, 204 …
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… court's decision was not supported by sufficient legally competent evidence. Appellant also challenges the part of … earlier decision made by the Burlington County Prosecutor's Office (BCPO) to return to him these same firearms. We … firearm "would not be in the interest of the public health, safety, and welfare." N.J.S.A. 2C:58-3(c)(5). This was the …
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… prior opinion: Defendant . . . was charged in a series of complaint-warrants issued by the New Jersey State Police … defendant with fifty-three counts of various sexual offenses which ostensibly included some of the same conduct … approval our decision in State v. Council, 137 N.J. Super. 306 (App. Div. 1975), where jail credits were not awarded …
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… the child on alternate weekends from Friday to Sunday, every Wednesday immediately after 1 Before the child began … motion on March 5, 2021. In the written findings accompanying her order, the judge explained that plaintiff … competent, relevant and reasonably credible evidence as to offend the interests of justice' or when we determine the …
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… an evidentiary hearing. We affirm. We incorporate the facts from our opinion in State v. White, No. A-5421- 15 … improperly bolstered by its expert witness; "the prosecutor committed misconduct in vouching for the credibility of a … judge to apply the correct sentence of three years for that offense. White I at 14. 2 Defendant's amended PCR petition …
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… denying defendant's Rule 4:6-2(e) motion to dismiss and to compel arbitration, and from the court's December 24, 2019 … in Atalese v. U.S. Legal Services Group, L.P., 219 N.J. 430 (2014) and Kernahan v. Home Warranty Administrator of … 445 N.J. Super. 545 (App. Div. 2016) and found, like the facts of the present case, the parties in Kleine had agreed …
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… April 29, 2020 – Decided May 27, 2020 Before Judges Fuentes and Enright. On appeal from the Superior Court of New … for the reasons set forth in Judge Brian McLaughlin's comprehensive oral opinion. The parties are former … defendant argues Judge McLaughlin failed to adhere to the factors outlined in Emma v. Evans, 215 N.J. 197 (2013) and …
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… (STEPs). Appellant had been required to enroll in and complete the STEPs program following his fourth violation of … four witnesses testified: the program counselor, his parole officer, appellant, and T.W. T.W. previously had a … precise facts in issue." [In re Registrant J.G., 169 N.J. 304, 330-31 (2001) (first quoting In re Purrazzella, 134 …
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… for appellant (Keith Nelson Biebelberg and Jay Nimaroff, on the briefs). Saul Ewing Arnstein & Lehr LLP, … plaintiff underwent hip surgery. When his physician recommended he not drive the leased vehicle, plaintiff … "suppress[ed]," or "omi[tted]" a "material 4 A-0610-18T3 fact" relevant to the lease's early termination. N.J.S.A. …
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… by Judge John Young in his thorough written decision accompanying the order, but remand to correct the judgment of … FAILURE TO RAISE SENTENCING ISSUES ON APPEAL. Because the facts and procedural history were discussed at length in our … the theory of the gun being planted. The theory that police officers planted the gun, one that the trial counsel …
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… Submitted January 19, 2021 – Decided Before Judges Messano and Hoffman. On appeal from the Superior Court of New Jersey, Law … witnesses "contradicted each other regarding significant facts." For example, they did not agree on what police did …
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… murder of her husband, Ralph Ludvik, Jr., conspiracy to commit murder, third-degree drug offenses, and third-degree hindering apprehension. We … 464 N.J. Super. at 216 (citing State v. Carter, 85 N.J. 300, 314 (1981)). "All three [prongs of the] test[ ] must be …
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… Law Division, Mercer County, Docket No. L-0138-20. Law Offices of Sklar Smith-Sklar, attorneys for appellant (Keith … in favor of defendant Robert Lewis and dismissing her complaint. We affirm. I. We glean the facts from the … had performed on the property previously. After discovery closed, defendant moved for summary judgment. The trial …
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… or creature. In order to find the defendant guilty of this offense, the State must prove each of the following elements … purposely, knowingly, or recklessly; 2. That the defendant committed one or more of the following acts: tormented; … N.J.S.A. 4:22-15.] If you find that the State has proven every element of the offense beyond a reasonable doubt, then …
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… or more independent events that occurred at different times and are distinct from one another. [ Name(s) was/were ] … charge on proximate causation should be tailored to fit the facts of the case. In addition, a judge may provide … caused by the non-settling [ defendant(s) ]. You must then compare the negligence of the remaining defendants as it …
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… the jury with respect to possible (lesser) included offenses, even if they are not contained in the indictment. … any opinion one way or another about whether the defendant committed these, or any, offenses. You should consider these … beyond a reasonable doubt. Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Johnson, 166 N.J. 523 (2001). …
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… (INSERT) of the Indictment charges the defendant with the offense of failing to report the disappearance of a child within 24 hours of becoming aware of that child’s disappearance. … (Read the … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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… of a crime. In order for defendant to be convicted of this offense, the State must prove the following elements beyond … airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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… or a patient's representative with a true, unaltered and complete copy of all treatment records for any treatment … dated and initialed by the person making the change. In fact, it is against the law in this State to alter medical …
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… murder of her husband, Ralph Ludvik, Jr., conspiracy to commit murder, third-degree drug offenses, and third-degree hindering apprehension. We … 464 N.J. Super. at 216 (citing State v. Carter, 85 N.J. 300, 314 (1981)). "All three [prongs of the] test[ ] must be …