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njcourts.gov
… Sally1 was seven years old when she began taking music lessons with defendant at his home studio. Sally's mom, … defendant gave Sally two dollars and a violin. Diane was uncomfortable with the gifts given by defendant to Sally. … to Detective Bolivar conditioned on Sally testifying, "in order to satisfy Crawford v. Washington, [541] U.S. 36 …
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njcourts.gov
… in his mother-in-law's attempts to get defendant and his companions out of the house because K.H. was afraid of them. … first permit entry into her home . . . [and] had the requisite access and control over the room and that she consented … The judge also correctly found defendant was a trespasser. P.C. told the police that she repeatedly attempted …
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njcourts.gov
… 2 A-4073-15T4 Defendant appeals from the January 13, 2016 order of the Law Division denying his motion to correct an … to their car. Ibid. At that point, defendant and two of his companions stopped the victims. Ibid. Defendant again took … prohibits sentences of life without parole for juveniles convicted of non-homicide offenses. In its next case on …
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njcourts.gov
… Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY (GEICO), Defendant-Respondent. … policy issued by defendant for the policy period encompassing the date of the accident. The policy provided … clear, prominent, and not contrary to public policy." Homesite Ins. Co. v. Hindman, 413 N.J. Super. 41, 46 (App. Div. …
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njcourts.gov
… EVIDENCE VIOLATES THE DUE PROCESS [CLAUSE] REGARDLESS OF WHETHER THE PROSECUTOR ACTED IN BAD FAITH. (STATE … Recognizing that "sobriety and intoxication are matters of common observation and knowledge, New Jersey has permitted … convincing evidence that: (1) the Alcotest was in working order and had been "inspected according to procedure"; (2) …
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njcourts.gov
… THE STATE OF NEW JERSEY, ROBERT WOOD JOHNSON HOSPITAL, COMMUNITY MEDICAL CENTER, RUTGERS BIOMEDICAL AND HEALTH … indicated she was "in a state of shock" after her son's passing and that she had a difficult time "mourning 4 … that, for accrual purposes, plaintiff did not have the requisite information within the contemplation of the discovery …
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njcourts.gov
… (DOC), which upheld an adjudication and sanctions for committing prohibited act *.102, attempting or planning an … for retention and pose a safety and security risk to the orderly operation of the correctional facility." Gittens's … a polygraph examination to demonstrate he lacked the requisite intent to plan an 12 A-3008-19 escape and intended to …
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njcourts.gov
… J.L.G. appeals from the July 25, 2019 Law Division order denying his petition for post-conviction relief (PCR) … Lynn Taska to testify as an expert in Child Sexual Abuse Accommodation Syndrome (CSAAS). She explained the term CSAAS … from defendant's friend, who testified he regularly visited defendant's home but never saw evidence of the alleged …
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njcourts.gov
… raises the following arguments: POINT I. THE PCR COURT'S ORDER THAT DENIED DEFENDANT'S PETITION FOR POST- CONVICTION … S.R. Upon entering defendant's house, police found two scales on the kitchen counter. They further found in the master … (count three); second-degree possession of a firearm during commission of a drug crime, N.J.S.A. 2C:39-4.1(a) (count …
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njcourts.gov
… ' property. We affirm. I. Plaintiff filed a negligence complaint alleging she suffered personal injuries when she … Plaintiff also contends the court erred when it did not order that the 7 A-2029-17T3 jury begin its deliberations … Wade v. Kessler Inst., 172 N.J. 327, 341 (2002) (quoting Fischer v. Canario, 143 N.J. 235, 254 (1996)). Here, we find no …
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njcourts.gov
… was in when the police entered, and that the officers went [past] him into the kitchen and he heard an officer say "gun, … defendant being placed in [hand]cuffs. It is reasonable to complete it before the officers can turn their backs and … prongs were satisfied. The judge entered a memorializing order and this appeal followed. We review a motion judge's …
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njcourts.gov
… Stoeckel appeals from the Law Division's April 3, 2018 order denying his post-sentence motion to vacate his guilty … a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 160. "[T]he burden rests on the … 7:6-2(a)(1) provides: Except as otherwise provided by Rules 7:6-2, 7:6-3, and 7:12-3, the court shall not, however, …
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njcourts.gov
… rode away on Green Street and the female walked in the opposite direction. The officers decided to follow defendant and … and asked him to place his hands on his head. Defendant complied. Matos then went around to defendant's back and saw … he sped up walking and then "took off running." A passerby told Gibson the individual in the red pants ran to …
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njcourts.gov
… that Gambatese was a civilian maintenance repairer for the Passaic County Jail. On April 17, 2012, on his way to a job … the lock eventually disengaged and Gambatese exited and complained to Sesak that he had hurt his arm pulling the … statute it is enforcing. Kasper v. Bd. of Trs. of the Teachers' Pension & Annuity Fund, 164 N.J. 564, 580-81 (2000). …
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njcourts.gov
… other pre-trial motions, and investigating grounds for a passion-provocation defense. Those claims are not before us, … his [or her] privilege cannot be other than the product of compulsion, subtle or otherwise." Miranda, supra, 384 U.S. … hearing to determine whether he in fact suffered the requisite prejudice. See id. at 462 (stating 11 A-0629-14T3 that …
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njcourts.gov
… and informing them that . . . some of the charges were 'lesser' offense[s]." We affirmed his conviction. State v. … At trial, Amanda identified defendant as the man who committed the crimes against her and her brother. She … support. State v. Jones, 219 N.J. 298, 311-12 (2014) ("In order for a claim of ineffective assistance of counsel to …
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njcourts.gov
… Derrick Leonard appeals from the May 15, 2024 Law Division order denying his petition for post-conviction relief (PCR). … and well-reasoned thirty-page written opinion. I. Given the comprehensiveness of Judge Batista's opinion, we need only … deal on the day of trial, after the plea cutoff date had passed. See R. 3:9-3(g). As we stressed in our direct appeal …
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A-35-24 Amicus Curiae Brief Letter
Briefs
njcourts.gov
… Lavallette, NJ 08735 Email: mdonato@MicheleDonatoEsq.com August 22, 2024 Honorable Chief Justice and Associate … of Engineers in establishing the pierhead line. The requisite procedure in N.J.S.A. 12:3-19 is intended to assure … s. 4. The Schultz Court mentioned N.J.S.A. 12:3-19 only in passing (see 44 N.J. Super. at 603) and Section 20 not at …
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njcourts.gov
… a juvenile adjudication of delinquency for conduct that, if committed by an adult, would constitute the third-degree … police officer further investigated the matter. He visited J.S.'s residence, spoke to J.S.'s family members and, … On August 23, 2023, she entered a final disposition order 6 A-0281-23 adjudicating him delinquent of the charge …
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njcourts.gov
… Defendant Tyrice O. Berry appeals from a Law Division order denying his petition for post-conviction relief (PCR) … . . open," "the back window . . . shattered," and "bullet holes all through the car." On the sidewalk, Love saw two men … . . . ." Id. at 689. As such, a defendant "must overcome the presumption that, under the circumstances, the …