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… ______________________________ Argued November 26, 2018 – Decided Before Judges Sabatino, Sumners and … aggravated assault, and other offenses. The offenses were committed in the course of a home invasion, in which the … 28, 2013. After he left the apartment, she undressed in preparation for a shower, and she was wearing only a tank top …
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… fair one, because every time we go to the court -- I know I commit a 1 The Public Defender shall "[m]aintain one or more … CONSTITUTED PER SE INEFFECTIVE ASSISTANCE OF COUNSEL. 26 A-3518-16T1 TRIAL COUNSEL'S FAILURE TO WITHDRAW AS MR. … Amendment of the United States Constitution and Article 1, Paragraph 10 of the New Jersey Constitution, the right to …
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… gave a statement to the police." State v. Pohida, No. A-6266-05 (App. Div. Feb. 10, 2009) (slip op. at 14) (Pohida … is present or readily available to assist that person, the communication of that information to the suspect is … he specifically raised the Reed issue. Paul died in 2014. A paralegal who had worked for Paul testified he was unable to …
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… R.B. Defendant and R.B. were charged in an indictment with committing offenses occurring during two overlapping … See State v. Zembreski, 445 N.J. Super. 412, 425, 426 (App. Div. 2016) (finding the State has an "unfettered" … by any explanation of the context within which each was separately made. Defendant did not object to the testimony …
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… raising the following points: POINT I [] DEFENDANT WAS IRREPARABLY PREJUDICED WHEN THE TRIAL COURT ADMITTED HIGHLY … CASE. POINT IV THE TRIAL COURT FAILED TO GIVE A PROPER AND COMPLETE JURY INSTRUCTION REGARDING PHOTO ARRAY … was the 2 United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967). 6 A-4030-14T4 description an …
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… a counsel fee award. Additionally, she requested an order compelling the parties to use a computer program called "Our … time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the … custody if the defendant remains living in A-1742-19 26 New Jersey. However . . . plaintiff will gain custody . . …
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… all but one of the claims pled in plaintiffs' amended complaint.2 We affirm, in part, and reverse and remand, in … favor." Craig v. Suburban Cablevision, 140 N.J. 623, 625-26 (1995). Nevertheless, we will "dismiss the plaintiff's … Plaintiffs argue that Mark suffered "a special injury" separate and apart from the damages sustained by Impact and …
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… attorney for appellant Jason A. Dotts, III (Richard Sparaco, Designated Counsel, on the brief). Joseph E. … assault, N.J.S.A. 2C:12-1(b)(1); and conspiracy to commit robbery, 1 Although both defendants bear the suffix, … N.J. 117, 221 (1997) (quoting State v. Johnson, 120 N.J. 263, 284 (1990)) ("If police are unsure whether a defendant …
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… DIVYA GURU LLC, ALEX REAL ESTATE HOLDINGS LIMITED LIABILITY COMPANY, ALEX 1997 LIMITED LIABILITY COMPANY, ALEX PROPERTY … plaintiffs, Lalji and Premwati Sanghani, made fourteen separate loans to defendant, Rajeshkumar Patel (Rajeshkumar),1 … plaintiffs to file suit. Plaintiffs appeal three May 26, 2021 Law Division orders entered by Judge Kimberly …
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… admitted pro hac vice, argued the cause for amici curiae Compassion & Choices, Lynne Lieberman and Dr. Paul Bryman … Aid in Dying for the Terminally Ill Act (the Act), N.J.S.A. 26:16-1 to -20, which Governor Philip D. Murphy later signed … judge believed Dr. Glassman could suffer "immediate and irreparable injury" if forced to act pursuant to the new …
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… court then instructed the jury to disregard statements or comments made by people who had not yet testified in court. … THE OFFENSE. POINT IV - THE FAIRNESS OF THE TRIAL WAS IRREPARABLY DAMAGED BY THE COURT'S REFUSAL TO EXCLUDE [THE … to be considered in assessing the reliability of eyewitness 26 A-4276-17T2 identifications. 208 N.J. at 247-72. Those …
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… attorney for appellant Marsha G. Bernard (Richard Sparaco, Designated Counsel, on the brief). Gurbir S. Grewal, … Erik Hoffman obtained warrants to retrieve and record communications of Davis's and Kemar's cellphones. In early … N.J. 147, 159 (2016) (quoting State v. Lazo, 209 N.J. 9, 26 (2012)). "[A]ny alleged error also must be evaluated in …
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… and its use in other cases is limited. R. 1:36-3. February 26, 2020 2 A-4250-17T1 Special Deputy Attorney … IMPROPERLY FAILED TO ADDRESS MUTUAL 6 A-4250-17T1 COMBAT AS A SOURCE OF ADEQUATE PROVOCATION. (Not Raised Below). POINT II IMPROPER COMMENTS MADE BY THE PROSECUTOR THROUGHOUT THE TRIAL …
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… to real estate salesperson, Ivan Jaramillo. Jaramillo recommended that plaintiff retain Thomas for legal services … for fraud or conversion.8 8 New Jersey does not recognize separate torts of misrepresentation or theft. Rather, … is encompassed in the tort of fraud and theft is 26 A-3205-18T1 Rodney was a shareholder of the law firm. …
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… CITY POLICE DEPARTMENT, JERSEY CITY POLICE CHIEF THOMAS J. COMEY, and CITY OF JERSEY CITY, Defendants-Respondents/ NOT … Bruno brutally attacked Saydee Lee Figueroa, his former paramour and the mother of his child, Damien Rose Bruno, and … and he was served with the TRO. The following morning, July 26, 2012, Bruno entered the JCPD's Bergen Avenue station. He …
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… repeatedly had sex with her during the summer after she completed eighth grade and the years she attended high … a substituted juror." State v. Terrell, 452 N.J. Super. 226, 274 (App. Div. 2016) (citing State v. Ross, 218 N.J. … either a consecutive or concurrent sentence should be separately stated in the sentencing decision; (3) some reasons …
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… we vacate the judgment of conviction and remand for separate trials before a different judge. I Because the … it, Pierro and defendant sought buyers, and defendant completed the sales. During the afternoon of July 7, 2012, … the obvious prejudice that evidence would have caused. 26 A-4923-16T4 demonstrate Zabala had a propensity for …
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… The following facts were developed at the hearing. A paramedic who arrived at the scene at approximately 1:04 … measured A.B.'s responsiveness utilizing the Glasgow Coma Scale,3 scoring her reactions three out of a possible 2 … aspirating vomit. [People v. Delgado, 153 Cal. Rptr. 3d 260, 263 (Cal. Ct. App. 2013).] 4 A-2501-17T3 fifteen …
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… covered in blood. Laielli described "thick coagulated blood coming out of [Hunter's] ear," and that his head was … Hunter 's house. They would call ahead to get permission to come to the house, and then call again after they arrived. … State's case . . . ." State v. Land, 435 N.J. Super. 249, 269 (App. Div. 2014) (internal citations omitted). Moreover, …
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… to permit J.C., the victim's mother, to testify as a fresh complaint witness pursuant to N.J.R.E. 803(c)(2). Defendant … 521, 538 (2017) (quoting State v. Hubbard, 222 N.J. 249, 262 (2015)). "A trial court's interpretation of the law, … witnesses . . . ." N.J.R.E. 611. The rule "is comparable to the broad discretion invested by the common law …