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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0971-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. OMAR GASSAMA, … DEFENDANT'S FIFTH AMENDMENT RIGHTS, AND/OR THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. POINT IV … testing. If you do not answer or answer with anything other than "yes," I will charge you with refusal. Now, I ask you …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0559-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MOHAMED S. … to do so. Thereafter, defendant refused Franciose's command to exit the minivan and attempted "to get further … [under] Rule 803(c)(6), and as public records [under] Rule 930(c)(8)." The Law Division judge also rejected defendant's …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0831-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SAMUEL RYAN, … set forth in our prior opinion. See State v. Ryan, No. A-3008-97 (App. Div. June 8, 1999). On direct appeal, we … of the jail records would not have led to a different outcome at trial. 14 A-0831-23 IV. We also reject defendant's …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4095-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSHUA D. … our Supreme Court's decision in State v. Adkins, 221 N.J. 300 (2015), we 3 A-4095-17T4 now remand for further review … I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2993-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MUJAHIDEEN … the reasons stated in Judge Christopher Kazlau's lucid and comprehensive written opinion. We remand, however, for the … for the "certain persons" offense. Abdullah, slip op. at. 30. The Supreme Court denied defendant's petition for …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2251-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PRAMOD BHAGAT, … We affirm. I. In August 2007, defendant engaged in online communications in a Yahoo chatroom with an undercover … sentenced in accordance with the plea agreement on January 30, 2009. The judgment of conviction was entered on February …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3424-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EARL L. KELLY, … PURPOSE MUST BE REVERSED BECAUSE ACQUITTAL OF THE ACCOMPANYING CHARGES ERASED THE INDENTIFICATION OF THE … all the surrounding circumstances of this case. A-3424-22 30 [Id. at 51.] The Court concluded that if it had to …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5245-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MELVIN K. … N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … effective police activity." State v. Domicz, 188 N.J. 285, 305 (2006) (quoting Schneckloth, 412 U.S. at 228). A consent …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3213-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KONSTADIN … Argued April 17, 2024 – Decided May 30, 2024 Before Judges Currier and Susswein. On appeal from … not wish to obtain a temporary restraining order (TRO) or complete an affidavit that evening. Because P.K. was heavily …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3651-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. OMAR GALVEZ, … when the victim was murdered but claimed Martinez had committed the crime. During the interrogation, defendant … did not already exist in the record following Dr. Hood's 30 A-3651-21 testimony, and counsel's performance is not …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0975-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KENNETH … defendant was at home, having arrived at "approximately 8:30 p.m." According to defendant's father, they "watched … and spoken up," noting that defendant was not "a newcomer to the system who had never interacted with lawyers …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1618-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TROY SWINT, … denied defendant's petition in a written decision accompanying her order of December 7, 2023. On appeal, … (3) another motion to correct an illegal sentence on July 30, 2021, which was denied on December 14, 2021, because the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2262-17 STATE OF NEW JERSEY, Plaintiff-Respondent, v. REGGIE … murder, aggravated assault and a multitude of weapons offenses. In 1999, defendant was convicted for shooting a … C. Clark in the thorough twenty-four-page decision accompanying the December 8, 2017 order. The salient facts and …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1067-19 STATE OF NEW JERSEY Plaintiff-Respondent, v. DARRYL SMITH, … was found unconscious in Jersey City. The responding police officers called for an ambulance and defendant went to an … up and "walked away like nothing ever happened." D.C., accompanied by the two men, pursued defendant. D.C. followed …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1698-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHRISTOPHER … debit card at a Wawa store on October 27,2 and his cellular company provided information that his phone was last … opinion in Melendez-Diaz v. Massachusetts, 557 U.S. 305, 324 (2009), which observed that "the Confrontation …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1947-24 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EMMANUEL J. … to New Jersey's age-based limitation on gun ownership encompassed in N.J.S.A. 2C:39-5(b)(1), criminalizing the … oral argument, the motion judge entered an order on April 30, 2024, denying reconsideration. Defendant again moved for …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4381-14T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BRUCE D. … purpose, and third- degree terroristic threats. For these offenses, a judge sentenced defendant to an aggregate … in a twenty-four-count indictment with multiple offenses committed against five women during five separate incidents …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3214-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. COREY BRISBON, … AN EVIDENTIARY HEARING. On December 4, 2012, at about 1:30 a.m., Francisco Quijada awoke to see two men breaking … In rejecting the plea, defendant repeatedly and clearly communicated he understood the nature of the charges, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0981-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HAROLD K. … Raised Below). POINT V 4 A-0981-21 EVEN IF ANY ONE OF THE COMPLAINED-OF ERRORS WOULD BE INSUFFICIENT TO WARRANT … reached.'" Ibid. (quoting State v. Brims, 168 N.J. 297, 306 (2001)). "Model jury charges are often helpful to trial …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2045-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMAR J. … 3 A-2045-22 I. On April 29, 2011, at approximately 5:30 p.m., a person attempted to enter the Vizzoni's Pharmacy … in 11-08-033." In the plea agreement, the State agreed to recommend that defendant be sentenced to thirty years, with …