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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0677-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CRAIG SZEMPLE, … Craig Szemple appeals from the denial of his motion to compel the State to provide him "with copies of any and all … if a new trial were granted ." State v. Carter, 85 N.J. 300, 314 (1981). All three prongs must be satisfied before a …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1314-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LASHAWN JONES, … a maximum term of thirty years in prison, for the State's recommendation of a fifteen-year term of imprisonment, subject … in original) (quoting State v. Davis, 175 N.J. Super. 130, 140 (App. Div. 1980)). A defendant may argue an …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2218-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DARRYL … to as "D," and knew the mother of defendant's child, who coincidentally posted bail for defendant. See id. at 6. The … State v. Roach, 219 N.J. 58, 79 (2014), which supports the common sense principle that where the individual who …
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… may not have been summarized.) David Spade v. Select Comfort Corp. (A-57-16) (078611) Argued November 8, 2017 -- … addresses two questions of law certified by the United States Court of Appeals for the Third Circuit. The Third … Trade Commission Improvement Act, 15 U.S.C. §§ 2301 to 2312. It also dismissed the Spade plaintiffs’ claims …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2599-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ISRAEL … the victim to turn around and raise his hands. The victim complied. Defendant pressed the gun into the victim's back … decision to testify. State v. Cusumano, 369 N.J. Super. 305, 314 (App. Div. 2004). Because New Jersey case law does …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0004-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROCCO … there was a miscarriage of justice under the law.'" Id. at 305 (quoting R. 2:10-1). Rule 3:20-1 states: "The trial … need to disturb its order denying a new trial. We briefly comment on defendant's second point on appeal, alleging …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5854-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM VELEZ, … the suppression hearing. While on patrol, Belleville police officer Gary Devito observed a car with a non- working … 4 A-5854-17T4 reasonable suspicion that defendant had committed a motor vehicle offense to justify the stop of his …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0616-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALEXANDER … Blue entered the order under review and rendered a comprehensive oral opinion. A jury found defendant guilty of … the trial judge erred when she responded to a Sheriff 's Officer's report that one of the jurors had run out of the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1118-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LANDEAN O. … forced him to proceed to trial by "promising a better outcome" than that assumedly offered during plea negotiations. … to reconsider, which the PCR court denied on September 30, 2021 in a letter-opinion. In its decision, the PCR court …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2166-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. IAN LEMON, … attempted murder, robbery, aggravated assault and weapons offenses. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … forty-two years, three months, and nineteen days prior to becoming eligible for parole. Defendant moved for …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0213-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSE CORTES, … guilty of the following charges: first-degree conspiracy to commit murder of Jose Vega and Christopher Humphrey; … Strickland, 466 U.S. at 689)), certif. denied, 259 N.J. 306 (2024). Because we agree with the PCR court that …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1908-22 STATE OF NEW JERSEY, Plaintiff-Appellant, v. DONNIE E. … that were memorialized in the child victim's March 30, 2016 videorecorded statement to law enforcement. The … indictment with: second-degree sexual assault "by committing one or more acts of sexual contact upon A.R.," …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1270-23 STATE OF NEW JERSEY, Plaintiff-Appellant, v. JUSTIN GARCIA, … we find the witnesses' safety outweighs the Judiciary's commitment to transparency and use initials to protect their … testified she ran into Murray on Clinton Avenue around 11:30 p.m. on July 20, and they spoke for a few minutes about …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1295-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HEATHER … witness opinion testimony and (2) prosecutorial misconduct committed in the prosecutor's summation to the jury. … an abuse of discretion." State v. Garcia, 245 N.J. 412, 430 (2021). Therefore, "[a] reviewing court must not …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1795-16T3 STATE OF NEW JERSEY, Plaintiff-Appellant, v. RICHARD SMITH, … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … U.S. 23, 34-35 (1963); Draper v. United States, 358 U.S. 307 (1959)); People v. Fein, 484 P.2d 583, 589 (Cal. 1971); …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3516-16T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GRADY C. … witness testified at the suppression hearing: Linden Police Officer John Halkias, whom the judge found to be credible. Halkias testified that around 12:30 a.m., while on patrol alone in a high drug-crime area of …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3790-21 STATE OF NEW JERSEY, Plaintiff-Appellant, v. HARESH TAILOR, … he went to school in India, what level of education he completed, and who lived with him. During this questioning, … to elicit an incriminating response. 16 A-3790-21 [Id. at 300-02 (footnotes omitted) (emphasis in original).] "Without …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1226-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSE CARRION, … limped home and the victim's mother called 9-1-1. When officers from the City of Newark Police Department arrived … (count three); second-degree possession of a firearm while committing a narcotics offense, N.J.S.A. 2C:39-4.1(a) (count …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2224-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARIO GAYLES, … elected not to testify at trial, his defense was that he "committed passion/provocation manslaughter, not murder." Id. … against him." The judge also pointed out that defendant "offer[ed] no information or arguments that the credibility …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0119-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LUIS R. … report in accordance with State v. Randolph, 210 N.J. 330, 351 (2012). I. We need not detail the procedural history … will suffice. At approximately 11:30 p.m., four individuals committed an armed robbery at a gas mart in Dennis Township. …