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… victim in his statement, at trial, his defense was that he committed passion/provocation manslaughter, not murder. On January 26, … charge." Id. 24 A-4010-17T4 at 593-94. The Court thus posited that the circumstances "raise[d] the inevitable …
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… the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … the court deemed the Henderson system variables inapposite, the court limited defense counsel's ability to elicit … to view a line of county jail inmates who paraded past her as she sat in the hallway outside a courtroom. We …
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… were found guilty of aggravated assault and conspiracy to commit robbery. They separately appeal from their … apply the same standard as the trial court in reviewing an order denying a motion for a judgment of acquittal. State v. … intercept the victim, but also to attack him based on some past transgression.5 Relatedly, the circumstances of the …
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… detective, and in imposing sentence, and we affirm. I. Just past midnight on the morning of December 25, 2013, Woodley … doorway, she saw a young man in the middle of the street come toward towards the bar door, "and [he] started … addressed and established in Miller and Zuber are inapposite here. Although the court correctly rejected defendant's …
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… M.P.'s aunt M.B. moved to Canada and occasionally visited M.P.'s mother and her family in New Jersey. M.P. … repeatedly had sex with her during the summer after she completed eighth grade and the years she attended high … which made her incapable of putting aside her bias and passion, was a sufficient basis for the judge to remove her …
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… by throwing objects at his car as he drove by. After passing the construction zone, McCallum moved to the right … bag with the magazines stored in a separate zippered compartment. Trooper Kaminski 4 A-1053-19T3 placed defendant … totality of the circumstances to determine whether the requisite reasonable suspicion existed. Alessi, 240 N.J. at 518. …
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… as the group was leaving the bar in Plainfield. Cundiff passed his cell phone to defendant. According to a statement … his cousin, and his friend smoked marijuana before parting company. Cundiff drove defendant to his home around 3:00 … relay defendant's license plate number to the 9-1-1 dispatcher. Officer Brian McLaughlin responded to the dispatch and …
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… To Find Clear And Convincing Evidence Other Bad Acts Were Committed. B. The Trial Court Failed To Submit Required Jury … the driver's seat and an unidentified male sat in the front passenger seat. The audio recording of the 6 A-0536-18 … remarks were withdrawn promptly; and (3) whether the court ordered the remarks stricken from the record and instructed …
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… twenty––third-degree possession of child pornography––and recommended defendant's plea sentence run concurrent to his … federal constitutions forbid the legislative branch from passing 'ex post facto' laws." State v. Natale, 184 N.J. … v. Bethune, 121 N.J. 137, 147-48 (1990)). 17 A-0852-18 "In order to qualify as fresh[]complaint evidence, the victim's …
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… trial, defendant agreed to stipulate that he had a prior disorderly persons conviction involving domestic violence, thus … meet with "a male that [the officers] kn[e]w from the community." The two men went into the house on Bond Street. … whether the trial court was obligated to charge the jury on passion/provocation manslaughter, in conjunction with …
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… Kay Lord argued the cause for the appellant. Jennifer B. Paszkiewicz, Assistant Prosecutor, argued the cause for … BEING DEPRIVED OF A FAIR TRIAL.[1] POINT II THE PROSECUTOR COMMITTED MISCONDUCT WHEN HE MADE EGREGIOUS COMMENTS DURING … said his daughter, who was not in the VFW that night, visited him in the hospital and told him she thought she knew …
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… then "warned" Walia not to "call the police," or he would "come back and kill [him]." Walia testified that before … of a handgun sticking out from it" located on the rear passenger seat of the Mercedes. A subsequent search of the … Doubt, And, Consequently, This Court Must Reverse And Order [Defendant's] Acquittal 16 A-4557-18 POINT III IN THE …
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… (David A. Gies, Designated Counsel, on the briefs). Charles A. Fiore, Gloucester County Prosecutor, attorney for … 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 …
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… about his A-5254-17T1 3 impeccable reputation in the community. Following the verdict, defendant was sentenced to … she had "accused [him] of something happening in the past and she didn't want anything to do with [him] anymore." … leading to violence, and . . . purported to analyze and discredit [defendant's] testimony." Ibid. When applying the …
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… the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … the court deemed the Henderson system variables inapposite, the court limited defense counsel's ability to elicit … to view a line of county jail inmates who paraded past her as she sat in the hallway outside a courtroom. We …
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… v. JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER COMPANIES, INC., IMERYS TALC AMERICA f/k/a LUZENAC AMERICA, … agent and development of a specific disease, researchers then consider whether that 'reflects a true … Tube, and Primary Peritoneal Cancer Prevention," at the website of the National Cancer Institute (NCI) provided an …
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… Sims, Jr. appeals from his conviction by jury of having committed attempted murder and violating weapons offenses, … outside and found the victim partially hanging out of the passenger side of his vehicle and bleeding profusely. She … (quoting State v. Miller, 76 N.J. 392, 402 (1978)). In order to make a knowing and intelligent waiver of the right …
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… admitting expert testimony regarding the effectiveness of archery equipment, by admitting hearsay pertaining to the 1 … jury sua sponte as to: (1) the lesser-included offense of passion/provocation manslaughter, (2) the self-defense … are triggered by different material elements and prerequisites, serve different purposes, and produce markedly …
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… G.T.C. of conspiring with his ex-paramour, R.B. (Rayna), to commit the crimes of aggravated sexual assault and … children engaged in the sex acts. Defendant appeals from an order denying his post-conviction relief (PCR) petition … A.B. are step-brother and sister. Id. at 5 n.3. Defendant visited Rayna's home when she was present with A.B. and S.C. …
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… erred in its instructions to the jury, the prosecutor committed misconduct during summation, and the State's … avoid confusion. We mean no disrespect in doing so. Barry passed away in 2013. 10 A-1142-19 Burgos sat quietly on the … matter before us is whether we can determine with the requisite degree of certainty whether the inconsistent verdict …