-
njcourts.gov
… moments after telling the officers that he did not wish to comment on that particular subject. Because defendant did … What happened today about the loaded gun or did that come in play at all? [Defendant]: That came in play a long … moved for a mistrial, contending that the State improperly commented on defendant’s right to remain silent. The trial …
-
njcourts.gov
… by N.J. to conclude that defendant had a tendency to commit criminal acts. The jury found defendant guilty of … crimes, wrongs, or acts is not admissible to prove the disposition of a person in order to show that such person acted … that incident. The assaults of K.M. and N.J. had certain common elements, but when evidence of a prior sexual assault …
-
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS 1 December 21, 2018 Joseph A. … Falls, Passaic County, New Jersey. 2 The real property comprises a 4.51-acre, or 196,456 square foot, rectangular … Mr. McGuire further expressed that prior to R Realty’s acquisition of the subject property it experienced “environmental …
-
njcourts.gov
… * NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS Township of Green, a municipal TAX … J.T.C. was recused from participation in the Tax Court Committee on Opinions concerning this matter. 2 Ms. Kolb was … credibility of witnesses. Trial courts are in a unique position to judge credibility because such findings are …
-
njcourts.gov
… Conduct (RPC) 4.2, which prohibits a lawyer from communicating with another lawyer’s client about the subject … consent. That ethical prohibition applies to any form of communication with a represented party by the adversary … through their paralegal who -- without disclosing her position -- requested that the client “friend” her, allowing …
-
njcourts.gov
… CASE. POINT IV THE TRIAL COURT FAILED TO GIVE A PROPER AND COMPLETE JURY INSTRUCTION REGARDING PHOTO ARRAY … DENIED A FAIR TRIAL WHEN THE TRIAL COURT FAILED TO MAKE A COMPLETE RECORD [OF] CRITICAL READ-BACK TESTIMONY OF A … counsel asserted no evidence supported the State's position that T.J. decided on her own to return to the police …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… appellate review none of the alleged trial errors he now complains of, and none were clearly capable of producing an … would often deny it. The sister once observed defendant become angry because the victim had told defendant's ex-wife … admission of evidence, a litigant must 'make known his position to the end that the trial court may consciously rule …
-
njcourts.gov
… to real estate salesperson, Ivan Jaramillo. Jaramillo recommended that plaintiff retain Thomas for legal services … himself as a lawyer." Youman & Abad Asesores Y Asociados Compania Limitada was created on November 16, 2006, by … of action. . . . . 13 A-3205-18T1 I think . . . your best position on behalf of your client is to acknowledge the fact …
-
njcourts.gov
… CITY POLICE DEPARTMENT, JERSEY CITY POLICE CHIEF THOMAS J. COMEY, and CITY OF JERSEY CITY, Defendants-Respondents/ NOT … CITY POLICE DEPARTMENT, JERSEY CITY POLICE CHIEF THOMAS J. COMEY, and CITY OF JERSEY CITY, Defendants-Respondents/ … exercise discretion. Therefore, the TCA precludes the imposition of liability upon defendants for their alleged …
-
njcourts.gov
… Indictment 09-07-1981 with second-degree conspiracy to commit burglary pursuant to N.J.S.A. 2C:5-2 and N.J.S.A. … was on the first floor of a three-story building; it had a common door to the outside. There was an interior door for … in the bedroom, and a pack of cigarettes. From her position in the living room, M.M. could see into the bedroom. …
-
njcourts.gov
… permits intercepting and monitoring out-of-state communications in New Jersey. The jury found defendant … follow when seeking to intercept wire, oral, and electronic communications. In 1968, the New Jersey Legislature enacted … 2A:156A-10a-c. An “intercept” is “the aural or other acquisition of the contents of any wire, electronic or oral …
-
njcourts.gov
… as they ran into a nearby yard. Outside of a home in the community where defendant allegedly lived, Pennsville … in an effort to persuade either defendant or Marcus to come outside. Once Marcus left the home, he was placed in … is absent due to a lawful detention or arrest in the same position as any other absent occupant. 571 U.S. at ___. Since …
-
njcourts.gov
… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson leaning against an upraised porch on the Omega Community Center’s private property. In a window looking out … that there is no legitimate authority for Gibson’s position that he is “‘presumptively entitled to be released …
-
njcourts.gov
… is present or readily available to assist that person, the communication of that information to the suspect is … at 269.] Reed also ruled that "whenever the attorney has communicated his presence and desire to confer with the suspect to an agent of the State in a position to contact the interrogating officers, we will impute …
-
njcourts.gov
… 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 …
-
njcourts.gov
… . . defrauded consumers to act collectively in pursuit of a common remedy against a corporate wrongdoer," Dugan, 231 … his motion for (b)(2) class certification. Plaintiff's complaint alleges that defendant South Jersey Pubs Inc., … charge higher prices to its patrons.5 Relying upon a deposition taken in Dugan from one of 5 In Dugan, Justice Albin …