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… the court erred in imposing the thirty-year prison term recommended in the plea agreement. After carefully reviewing … and a Chicago Bulls baseball cap. At 10:21 p.m., he walked past a playground in the apartment complex. At 10:58 p.m., … he denied the whole f[*]cking thing. He don't care. He was ordered or he this and he that and it is what it is, and we …
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… MOTION AS THE PROSECUTOR DURING HIS OPENING STATEMENT COMMITTED PROSECUTORIAL MISCONDUCT A) BY IMPROPERLY … leg and felt a plastic bag underneath his pants. Freeman ordered defendant to strip and, as defendant removed his … the jury to decide whether a defendant possessed the requisite mental state to commit a particular drug offense. Id. …
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… improper net opinion, and that the expert lacked the requisite expertise 2 Pursuant to New Jersey's comparative negligence statute, as set forth in N.J.S.A. … A week later, on April 28, 2022, the trial court issued an order accompanied by a written decision denying plaintiff's …
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… the record. We summarize the crimes in the chronological order in which they were committed. Victim R.W.3 (deceased) On August 31, 2016, R.W. … or stove in the house. There was evidence of squatters, trespassing, and drug use. On September 7, 2016, Detective …
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… contends the trial court improperly allowed the State to comment on the invocation of his right to silence and … video footage of the man running from the scene to a Jeep Cherokee seen circling the area, then speeding away. Further … investigation, right? DETECTIVE NELSON: Yes. In a written order dated July 12, 2019, the motion court denied …
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… Estate of DOUGLAS BARDEN, ESTATE OF DOUGLAS BARDEN, DARLENE PASTORE ETHERIDGE, individually and as Executrix and … to WHITTAKER, CLARK & DANIELS, INC., CYPRUS AMAX MINERALS COMPANY, individually and as Successor-in-Interest to … form of an opinion or otherwise." There are three prerequisites to determine whether expert testimony is admissible, …
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… Michael N. Tedesco appeals from his conviction for passion- provocation manslaughter of his father, Gary … his wallet. 4 A-1652-21 at that time, defendant regularly visited Gary's and Stella's residence, but they did not always … jury that "[t]he indictment charges that the defendant has committed the crime of homicide." The court stated that …
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… on." He left X.D.'s home to find help. When he returned, he passed a man with "a gun in his hand" on the staircase. … Gomez, 341 N.J. Super. at 573 (quoting Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978)). "As 'the initial … the timing of and the greatly enhanced penal exposure visited upon him by the superseding indictment." That is, …
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… at the same casino-hotel where the present crimes were committed in February 2018—thirteen years after the article … 22 A-0532-22 Defendant's DNA was found in the semen deposited in the victim's cervix, vagina, and underwear. … trial judge properly precluded any such evidence concerning past casino-related prostitution activities given that there …
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… AMENDMENT DUE PROCESS RIGHT[S]. V. THE PROSECUTOR COMMITTED MISCONDUCT DUE TO THE IMPROPER GRAND JURY … THE VIDEO AS A "WRITING" UNDER N.J.R.E. 801(e) AND AS A "PAST RECOLLECTION RECORDED" UNDER N.J.R.E. 803(c)(5); [THE … defendant's wife, lived in Long Island. The two families visited each other every month or so, and for a period in 2014 …
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… The bribery statute’s history, relevant caselaw, and commentary from the Model Penal Code, on which the statute … statute cannot reveal what the Legislature intended when it passed the law. (pp. 21-23) 7. The Court explains the rule … Model Penal Code, which we discuss later, supports the opposite conclusion. For all of those reasons, we conclude that …
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… argued the cause for intervenor New Jersey Republican State Committee, Inc. (Archer & Greiner, PC, attorneys; Jason N. Sena, on the brief). … and Hans Noel (Zachary D. Wellbrock, on the brief). Pashman Stein Walder Hayden, PC, attorneys for amicus curiae …
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… his convictions after trial of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1); … . . . . And she told me pretty much what I was to say in order to make sure that Zach wouldn't be in trouble. She … CLOTHES VIOLATED THE SUPREME COURT'S MANDATE IN STATE v. KUCHERA. POINT IV: THE PROSECUTOR COMMITTED PROSECUTORIAL …
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… sequentially versus simultaneously; (7) whether a composite sketch was used; (8) whether the procedure was a … wore a disguise or hat; (7) the amount of time that passed between the crime and the identification; (8) whether … ultimately his trial testimony and would have further discredited his pretrial identification." At trial, when Rivera …
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… After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … the Constitution guarantees to a criminal defendant in order to preserve a fair trial." Schneckloth identifies the … THE JURY ON AGGRAVATED MANSLAUGHTER, MANSLAUGHTER AND PASSION-PROVOCATION AS A LESSER- INCLUDED OFFENSE TO MURDER …
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… By February 24, 2013, Vandewalle's co-workers had become anxious about her whereabouts. One of Vandewalle's … his argument, defendant relies on Pillar and State v. Fletcher, 380 N.J. Super. 80 (App. Div. 2005). In Pillar, the … conversation between him and Robertson. Several minutes had passed between Robertson's statement and the "I did it" …
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… Defendant has been steadfast in his contentions that pedophiles are a persecuted minority and that the New Jersey Code … during which he must serve thirty-eight years before becoming eligible for parole. On appeal defendant raises a … EVIDENCE BEFORE GRANTING HIS MOTION TO PROCEED PRO SE[] AND ORDERED THAT HIS TESTIMONY BE ELICITED THROUGH QUESTIONING …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 12-08-0619. Joseph E. … to parole supervision for life, N.J.S.A. 2C:43-6.4, and ordered to comply with the registration requirements imposed by Megan's …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 15-05-0385. Margaret Ruth … became mentally alert, oriented, and able to follow commands. Defendant could not recall anything about the … David Ware from the Passaic County Prosecutor's Office visited defendant at St. Joseph's and asked for his consent to …
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… man was carrying a shotgun. A police artist drew composite sketches of the suspects based on her descriptions, but … the room rented by the defendant; and what her consent encompassed"; and 14 A-2891-17T1 • failure to cite "exigent … version rang true. Obviously, the prosecutor sought to discredit defendant's belated story. In that regard, he was …