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njcourts.gov
… CURIAM Defendant Richard Lynch appeals the August 8, 2016 order by the Law Division finding defendant guilty of … ENTERED A RULING BASED UPON HERASAY AND PRIVELDGED WRITTEN COMMUNICATION BETWEEN THE DEFENDANT AND HIS ATTORNY THAT WAS … State v. Dennis, 185 N.J. 300, 302 (2005); see State v. Scherzer, 301 N.J. Super. 363, 454-59 (App. Div. 1997) …
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njcourts.gov
… development of the record because, in its view, “the common law does not necessarily preclude the imposition of” … from Kenneth’s phone, but the trial court declined to order that relief. Thereafter Arthur and GEM moved for … plaintiff’s damages. See ibid. IV. A. Applying those principles to the facts of this case, we first note that the …
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njcourts.gov
… suit against Dr. Goldberg and his employer, Penn Medicine Cherry Hill. T.L. claimed that Dr. Goldberg deviated from … prejudice to T.L., and the plain error standard does not compel reversal, especially because counsel’s failure to … to the 2009 publication, in contravention of the court-ordered ban on the use of “medical literature that was not …
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njcourts.gov
… regarding the State's plea offer was time-barred under Rules 3:22-4(b) and 3:22-12(a)(2), and even if the claim was … CONVICTION RELIEF [AND] NEW TRIAL BASED 3 The PCR court's order is undated, but the accompanying letter opinion is dated December 22, 2017. 5 …
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njcourts.gov
… to reject this argument, defendant argues the trial judge committed reversible error by denying defense counsel's and … We start our analysis by reaffirming certain bedrock principles of our criminal justice system. The Fifth Amendment of … court creates an urgent need to discontinue the trial in order to safeguard the defendant against real or apparent …
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njcourts.gov
… spun into defendant's vehicle, flipped over, and a passenger was ejected and killed. A jury convicted defendant … and Emili were recorded by a mobile audio and video recorder in Smith's police car. Two other New Jersey State … at 13). "'Intervening cause' is defined as '[a]n event that comes between the initial event in a sequence and the end …
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njcourts.gov
… Emili was driving to church with his girlfriend and another passenger. He NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … and defendant were recorded by a mobile audio and video recorder in Smith's police car. Smith testified that when he … Peterson did not have reason to believe that defendant had committed a crime. Peterson asked defendant what had …
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njcourts.gov
… SOSA, Plaintiff-Appellant, v. MASSACHUSETTS BAY INSURANCE COMPANY, Defendant-Respondent. ___________________________ … Park. The pavement buckled on the side of the street opposite plaintiff's home and water gushed about a foot into the … in the context of the insurance agreement does not encompass A-5349-16T3 11 water damage sustained as the result of …
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njcourts.gov
… murder, N.J.S.A. 2C:11-3(a)(1), first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a), … him during surgery, in disregard of standing medical orders not to turn him under any circumstances. However, … the New Jersey Department of Corrections (NJDOC) website indicates Cooper committed this robbery on August 3, …
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njcourts.gov
… use in other cases is limited. R. 1:36-3. 2 A-4682-18 disorderly persons simple assault, N.J.S.A. 2C:12-1(a)(1) … identified as Katrell Trent, had a short haircut and was accompanied by four other men, including a bald man with a … (1987)). Here, defendant first objects to the following passage from the State's summation: Now, you guys have been …
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njcourts.gov
… three); second-degree possession of a firearm during the commission of a drug crime, N.J.S.A. 2C:39-4.1(a) (count … March 29, 2016, defendant entered an open guilty plea to disorderly persons possession of less than fifty grams of … a proper exercise of discretion, as they lacked the requisite foundational basis for admission. Furthermore, the …
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njcourts.gov
… Hudson County, Indictment No. 14-09-1558. Elizabeth Cheryl Jarit, Assistant Deputy Public Defender, argued the … sequentially as they tried to enter his vehicle from opposite sides. They shot at him as he fled. A detective who … testified that two of the latent prints—one on the exterior passenger side and the other on the interior glass edge of a …
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njcourts.gov
… on May 1, 2013. In 2000, Pearson filed his first workers' compensation claim involving back and neck injuries, related … lower back, and neck after tackling a 1 Durwin Pearson passed away following the filing of this appeal. 3 A-0417-23 … records reveal, however, that on April 4, 2006, he visited Dr. Henry S. David, D.O., an orthopedic surgeon, and …
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njcourts.gov
… child. Defendant challenges the court's: admission of fresh-complaint evidence; jury instructions; refusal to charge a … because he was not computer-savvy enough to hide the websites. 8 A-2904-23 After the State rested, defense counsel … factors." After addressing the Yarbough4 factors, the court ordered consecutive sentences for each count, finding there …
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A-59-24 Appellant Response to Amicus Curiae Brief Letter
Briefs
njcourts.gov
… DEFENDANT MAY ARGUE TO A JURY THAT HE DID NOT HAVE THE REQUISITE MENS REA DUE TO A MENTAL ILLNESS OR DEFECT. … the Attorney General (OAG) presents a framework that is incompatible with diminished capacity’s origin as a … is a scientific consensus that the specified mental disorder at issue has the capacity to impact the specific mens …
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njcourts.gov
… assault are anonymized and excluded from public access in order to protect the identity of the victims. As there was … posing as a fourteen-year-old girl, into traveling or accompanying the defendant to some location other than the … try to either report this person, which has happened in the past, but in this situation it didn't happen. And on top of …
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njcourts.gov
… having a gun. The police later found a handgun under the passenger seat in the Nissan. There were three hollow nose … there, he saw Cathy's Mazda drive out of the apartment complex and believed the Mazda had been stolen. Accordingly, … IN HIS OPENING AND SUMMATION. POINT TWO: THE TRIAL COURT'S ORDER ADMITTING . . . DEFENDANT'S 2009 CONVICTION[S] …
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njcourts.gov
… denied an evidentiary hearing and, therefore, vacate the order denying relief so that the issues may be developed at … was a vehicle driven by thirty-five-year-old M.G.; M.G.'s passengers were eleven- year-old M.J. and nine-year-old R.S. … off the road and into a tree. M.G.'s vehicle spun into oncoming traffic and was struck by another vehicle. M.G. was …
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njcourts.gov
… County Prosecutor, attorney for respondent (Jennifer B. Paszkiewicz, Assistant Prosecutor, of counsel and on the … Terrance J. Patterson appeals from a February 12, 2021 order denying his petition for post-conviction relief (PCR) … texts Hawkins made to a third number before and after the communications with Armstrong. The third number belonged to …
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njcourts.gov
… first looking 6 A-0062-19 into the store as he walked past the camera and out of frame, but then returning to the … defendant "from the community." "[T]he jury was free to discredit [Tuohy]'s testimony and find that" defendant did not … to the prosecution. '" Ibid. (quoting United States v. Butcher, 557 F.2d 666, 670 (9th Cir. 1977)). Here, two other …