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… before [Kenny-Mike] went to work." Everett saw a car pass by with a blue pit bull inside. The occupant waved at … the ground, which he described as a revolver or "shell catcher" or "probably like a 6 A-1014-14T3 .45 or something … participation." Phelps, supra, 96 N.J. at 511. The requisite independent evidence may take many different forms, …
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… inference instruction. Notably, our courts' power to order discovery is not limited to the express terms of the … arrest by a police officer as the initial process, or on a complaint by a police officer, local law enforcement … where bad faith was not shown. 6 Bad faith is not a prerequisite for an adverse inference charge in the civil context, …
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… his address in Somerville. The police then obtained a communication data warrant (CDW) for the listed telephone … found that 3 The court denied these motions in separate orders and opinions. Grant's motion was denied in an order … of other crimes or bad acts is generally not admissible, unless used for "proof of motive, opportunity, intent, …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 14-01-0052. Joseph E. … vehicle and observed Pagan smoking from a glass cylinder, commonly referred to as a crack pipe. As Cancel exited his … a U-turn with his vehicle and parked it on the opposite side of the street. Cichon approached the driver's side …
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… m.p.h. Williams said, "[A]ll of a sudden, out of nowhere I come up on this Fed-Ex truck." As he rapidly approached … webster.com/dictionary/psychogenic (last visited February 10, 2021). A-3336-18 11 On the other hand, we … reason, we are obliged to affirm. We do so regarding the order excluding Witter's statement discharging Williams. …
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… the trial court to conduct a second resentencing to comport with the Eighth Amendment of the United States … failed to adhere to the Supreme Court's direction that, in order to comply with the Eighth Amendment, judges must … for which he was most guilty was "[w]hat happen[ed] in the past when [he] was a kid." On a test evaluating his …
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… OF NEW JERSEY, Plaintiff-Respondent, v. ROSENDO S. GOMEZ-SERPAS, a/k/a SALOMON GOMEZSERPAS, SALOMON GOMEZ, SALOMON … IMPROPERLY FAILED TO ADDRESS MUTUAL 6 A-4250-17T1 COMBAT AS A SOURCE OF ADEQUATE PROVOCATION. (Not Raised … has four factors which distinguish it from murder. In order for you to find defendant guilty of murder, the State …
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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 … was not generally known. The court issued a written order and written decision granting the motion. The court … had told her that the acupuncturist had 'sexually molested' [Lori]' and 'that’s when my mind went off.'" The …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 17-01-0045. Margaret McLane, … of second- degree possession of a handgun in the course of committing a drug crime, N.J.S.A. 2C:39-4.1(a) (counts nine, … Montoya went to the driver's side of the Honda and ordered Torres out of the car. He conducted a pat down …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 17-01-0033. Joseph E. … 2C:14-3(a) (count six).1 He also appeals from his concomitant aggregate sentence of forty-five years' … taken off by L.R.'s clothing or just not enough DNA was deposited to allow for a full profile. Defendant's DNA profile …
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… Angel Calo in the driver's seat and defendant in the front passenger's seat. Calo had difficulty opening the window, … door opened, Reilly smelled the "strong odor of marijuana coming from inside the vehicle[,]" and he called for backup. … burglary constituted a comparable conviction of the requisite predicate offense of burglary under N.J.S.A. 2C:39-7(c) …
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… ERRED WHERE HE DID NOT DETERMINE WHETHER THE ALLEGED ACCOMPLICE'S STATEMENT IMPLICATING DEFENDANT IN THE CRIME WAS … the driver, and Taveras, who had been seated in the front passenger seat, exited the vehicle. At that point, … the court should question those jurors individually in order to determine precisely what was learned, and establish …
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… THE STATEMENT WAS NOT TRUSTWORTHY. POINT II THE TRIAL COURT COMMITTED PLAIN ERROR BY ALLOWING CONFUSING EXPERT TESTIMONY … son's Y chromosome. The DNA sequence on the Y chromosome is passed in complete form from grandfather, to father, to son … the defense cites to no case law that stands for the opposite proposition. 30 A-2574-18 However, the judge agreed to …
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… a second 1 MDMA or methylenedioxymethamphetamine, is a CDS commonly known by the street names ecstasy or molly. See In … Scheme Therefore Fails Even More Decisively to Pass Constitutional Muster. POINT II THE STATE'S WITNESSES … had listed ethylone as a controlled substance on its website, noting it was a positional isomer of 28 A-3676-17 …
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… m.p.h. Williams said, "[A]ll of a sudden, out of nowhere I come up on this Fed-Ex truck." As he rapidly approached … webster.com/dictionary/psychogenic (last visited February 10, 2021). A-3336-18 10 fault to Hassan. The … reason, we are obliged to affirm. We do so regarding the order excluding Witter's statement discharging Williams. …
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… Lawyers of New Jersey, argued the cause for amicus curiae (Pashman Stein Walder Hayden, attorneys; CJ Griffin, of … and charged them with second- degree conspiracy to commit the crimes of possession of a controlled dangerous … articulable suspicion of criminal wrongdoing as a prerequisite to requesting consent to search a vehicle after a …
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… defendant was improperly denied a jury instruction on passion/provocation manslaughter. See State v. Carrero, No. … ERRORS REQUIRES THAT A REMAND FOR RESENTENCING BE ORDERED. Defendant's supplemental brief raises the following … police custody. The first motion judge heard testimony at a combined hearing on both motions, and by order dated January …
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… I'm not from up here so if I'd be released, she can come get me. I wanted to inform her, let her know where I … the mistrial, defendant moved for reconsideration of the order denying suppression. On September 8, A-1741-22 9 2022, … in which the new rule constitutes a "clear break" with the past"). We provided instructions for how the proceedings on …
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… p.m., an individual walked down Lexington Avenue in the opposite direction with a bag in hand and turned into the front … of Defendant at the Police Station HCPO Detective Guershon Cherilien testified that on Monday, February 8, 2016, he and … judge for such an amplification, mindful of the intervening passage of time. State v. Harley, No. A-0931-20 (App. Div. …
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… that day. On May 1, 2023, two days before the trial commenced, defendant moved to bar Sergeant Michael Gonzalez … Super. at 62. 18 A-3984-22 Moreover, "[w]hether the requisite chain of possession has been sufficiently established … also constituted hearsay as he testified using "we" or the passive voice to explain actions taken by other officers on …