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njcourts.gov
… 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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njcourts.gov
… may have made to plaintiff; the length of time that passed between the end of the abuse and the emergence of the … 15 The Defense, through cross-examination, sought to discredit the findings and opinions of Dr. Hughes. However, … date. However, as with plaintiff Doe, this supports the opposite conclusion. Boe’s deposition transcript shows that …
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njcourts.gov
… appeal (A-0164-15) concerns the dismissal of 514 Accutane complaints involving plaintiffs who were prescribed and 3 … of the skin and mucous membranes, e.g. of the lips, nasal passage, and eyes). . . . . Gastrointestinal inflammatory … epidemiological studies11 were conducted by researchers, not defendants; these studies yielded mixed results. …
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njcourts.gov
… role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … could not apply because a jury could have convicted him of passion provocation manslaughter, N.J.S.A. 2C:11-4(b)(2), … process conducted by the sentencing court, and a prerequisite to effective appellate review. V. 19 This appeal …
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njcourts.gov
… of counsel in connection with his plea, we reverse the order denying his motion and remand for that hearing. We … was indicted on charges of second-degree conspiracy to commit armed robbery and robbery, N.J.S.A. 2C:5-2 and … argue for less time. Instead, he claimed "[t]he direct opposite was conveyed to [defendant], (continued) result of a …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… he had to allow defendant to "anally penetrate [him] in order for me to earn that guitar." These abusive encounters … anybody you want but honestly, your mom's secrets are gonna come out of the closet too. And by the time you get done … subjective evaluation of their own impartiality." State v. Scherzer, 301 N.J. Super. 363, 487-88 (App. Div. 1997) …
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njcourts.gov
… shootings while count nine was predicated upon defendant's comments in those phone conversations. Defendant now appeals … judge impartially [defendant's] self-defense and attempted passion/provocation manslaughter defenses." Because … need not be dispositive or even strongly probative in order to clear the relevancy bar." Buckley, 216 N.J. at 261. …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… of aggravated manslaughter in exchange for the State’s recommendation of a sentence not to exceed … defendant’s waiver of self-defense comported with the requisite standard. Specifically, the trial court did not ensure … I. On the morning of November 24, 2007, emergency dispatchers received a report of an injured man in Camden City. …
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njcourts.gov
… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … were admitted into evidence despite the lack of requisite foundational documents. The cumulative effect of the … began with the finger-to-nose test, which defendant passed. He then conducted the one-legged balance test, which …
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njcourts.gov
… occasions, and, on one occasion, Hill made inappropriate comments toward her and directed a female officer to … while the conduct was occurring. McClish agrees that he ordered Aguas to return to the facility with the handcuffs, … pen. 2 The DOC policy then in effect required officers to pass through a metal detector before entering the facility, …
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njcourts.gov
… 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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A-1444-23 Briefs
Briefs
njcourts.gov
… 11 POINT I THE PROSECUTOR COMMITTED REVERSIBLE MISCONDUCT IN SUMMATION BY DENIGRATING … ....................................................... Passim State v. Spano, 64 N.J. 566 (1974) … 122 N.J. 420, 462 (1991) (directing prosecutors not to discredit an expert witness’s credibility without support in …