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… R.B. Defendant and R.B. were charged in an indictment with committing offenses occurring during two overlapping … on or about January 22, 2011": second-degree conspiracy to commit aggravated 1 We employ initials and pseudonyms to … sentences without making the findings required for imposition of consecutive sentences under State v. Yarbough, 100 …
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… shootings while count nine was predicated upon defendant's comments in those phone conversations. Defendant now appeals … RANGES SHOULD HAVE BEEN EXCLUDED UNDER N.J.R.E. 403. COMPOUNDING THE PREJUDICE OF THIS ERROR, THE PROSECUTOR … be probative when it has a tendency 'to establish the proposition that it is offered to prove.'" State v. Burr, 195 …
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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 … for the proper performance of the duties of the office and compensate them for their services . . . ." N.J.S.A. … an interpreter is appointed. "It is a self-evident proposition that a defendant who is unable to speak and …
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… and broken skull pieces. Hunter was lying in the fetal position near Ebony. He was 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. …
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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 … with regard to her daughter making an almost immediate complaint to her regarding an unwanted touching of a sexual … side, pulled her legs into her chest, and assumed a fetal position. Defendant then lifted Lori's leg and licked her …
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… that was entered after a jury found him guilty of committing second- degree aggravated assault, N.J.S.A. … BODYCAM FOOTAGE WERE CUMULATIVE AND THE RITE AID EMPLOYEE'S COMMENTS WERE UNDULY PREJUDICIAL, THE TRIAL COURT ERRED IN … be probative when it has a tendency 'to establish the proposition that it is offered to prove.'" State v. Burr, 195 …
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… assault, N.J.S.A. 2C:12-1(b)(1); and conspiracy to commit robbery, 1 Although both defendants bear the suffix, … charged, pled guilty to third-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and 2C:12-1(b), … the judge stated he "disagree[d] with the defense's position on this," but "out of an abundance of caution," he …
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… DIVYA GURU LLC, ALEX REAL ESTATE HOLDINGS LIMITED LIABILITY COMPANY, ALEX 1997 LIMITED LIABILITY COMPANY, ALEX PROPERTY MANAGEMENT LIMITED LIABILITY COMPANY, … granted an additional $400,000 loan to be used for the acquisition and renovation of the Latana Restaurant. Neither of …
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… the clarifying affidavit, plaintiff promptly amended the complaint to name the previously unidentified doctor (and … our discussion of the facts is necessarily tentative and incomplete. Our focus is largely on the procedural chronology … That same month, defendants deposed plaintiff, the only deposition they initiated. Plaintiff's counsel took five …
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… DOCKET NO. A-4131-15T3 NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION, Petitioner-Appellant, v. JOSEPH DIVINCENZO and … and Suter. On appeal from the Election Law Enforcement Commission, Docket Nos. C-8 0700 01, 01-G2010 and C-8 0700 … case hearing and are necessary for a complete disposition of any genuine issue in the contested case" and …
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… there were extraordinary circumstances sufficient to overcome the mandatory minimum term of imprisonment prescribed … deposit for an apartment in Corning, New York. The $600 was comprised of twelve $50 bills. Palm placed the $600 inside … who the suspect is or where the suspect's photograph is positioned in the photo array. Henderson, 208 N.J. at 248. The …
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… a counsel fee award. Additionally, she requested an order compelling the parties to use a computer program called "Our Family Wizard" (Family … altered once [L.F.] begins school, the court finds this position to be speculative. As the plaintiff has testified, he …
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… repeatedly had sex with her during the summer after she completed eighth grade and the years she attended high … On January 15, 2016, M.B. logged onto defendant's desktop computer and found a video that showed defendant and M.P. … FOR GRANT OF MISTRIAL UPON DISCHARGE OF JUROR AFTER THE COMMENCEMENT OF DELIBERATIONS]. B. [THE RECORD DEMONSTRATES …
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… Further, on July 24, both 4 A-5136-17 defendant and Bongco communicated with Achetouane's girlfriend about the rumors, and in those communications, defendant expressed his belief that … that her body was 5 A-5136-17 "almost like in a fetal position." He stated that she was "on her knees, hands down, …
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… SUBSTANCE ABUSE ISSUES AND NOT ORDERING PLAINTIFF TO COMPLY WITH THE SUBSTANCE ABUSE EXPERT'S RECOMMENDATIONS. POINT II THE FAMILY COURT ABUSED ITS … witnesses and listens to their testimony is in the best position to "make first- hand credibility judgments about the …
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… THE OFFENSE THE STATE ALLEGED THAT DEFENDANT INTENDED TO COMMIT WHEN HE ENTERED THE APARTMENT WITHOUT PERMISSION. … IN LIGHT OF THE NEW JERSEY CRIMINAL SENTENCING & DISPOSITION COMMISSION'S BILL FOR YOUTHFUL OFFENDERS DURING SENTENCING. …
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… court then instructed the jury to disregard statements or comments made by people who had not yet testified in court. … to the jury. The judge directed the jury to disregard any comments by unidentified individuals or police officers who … 162 (1964)). Recognizing that we are not in as good a position to judge credibility as a trial judge, we give …
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… Erik Hoffman obtained warrants to retrieve and record communications of Davis's and Kemar's cellphones. In early … Kemar, Bernard, and Davis, pertaining to a drug buyer's complaint that a kilo of cocaine was "handicapped" and … AGGRAVATING AND MITIGATING FACTORS DOES NOT SUPPORT THE IMPOSITION OF AN AGGREGATE SENTENCE OF 25 YEARS WITH 12 YEARS OF …
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… erroneously admitted testimony about Child Sexual Abuse Accommodation Syndrome (CSAAS), the court failed to adequately … her physical examination of the child, and the prosecutor committed misconduct during closing arguments. We are not … CASE. THE STATE IS ESTOPPED FROM TAKING AN INCONSISTENT POSITION BEFORE THIS COURT. B. EVEN IF EQUITY DOES NOT DEMAND …
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… 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 … Rely on in Their Deliberations. B. The Prosecutor's Juxtaposition of Ortiz as the Innocent Victim with no Criminal …