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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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A-3265-22 Briefs
Briefs
njcourts.gov
… they suspected that he was the “young, [B]lack male” who committed an armed robbery the night before in a nearby … detect the odor of marijuana when he was stationed at the passenger door and did not notice it until he crossed to the … testimony, establish that the officer possessed the requisite suspicion to stop the vehicle. (1T102-3 to 15). The …
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njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS DOMINICK ALFIERI, SUPERIOR COURT OF … proceeds resulting from their sale, are required to be deposited into Alfieri-Finance’s bank account in order to fund … maintain that as a matter of law, the Half Acre sale cannot pass entire fairness review. Turning to the second prong of …
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njcourts.gov
… of this lack of information, the State has failed to comply with our discovery rules, meet the requirements of … (whether internal or external) and results for the past five years. Please indicate whether the proficiency … a) Copies of all licenses or other certificates of accreditation held by the testing laboratory, including any …
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njcourts.gov
… I THE TRIAL COURT ERRED IN FAILING TO INSTRUCT THE JURY ON PASSION/PROVOCATION MANSLAUGHTER AS A LESSER-INCLUDED … to sift meticulously through the record in search of any combination of facts supporting a lesser-included charge." … his child's mother to the homicide that followed in short order. As a matter of fundamental fairness, because the …
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njcourts.gov
… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 18-06-0592. Kevin S. … MISPRESENTED THE TRUE NATURE OF THE INTERROGATION TO OVERCOME [DEFENDANT'S] EQUIVOCAL STATEMENTS ABOUT POSSIBLY 1 … the prosecution.'" Id. at 472 (quoting United States v. Butcher, 557 F.2d 666, 670 (9th Cir. 1977)). Additionally, …
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A-1409-24 Briefs
Briefs
njcourts.gov
… LABOR DOCKET NO. 00319292 BRIEF OF APPELLANT CLAUDIA WOHL ARCHER & GREINER, P.C. A Professional Corporation 902 Carnegie … Suite 500 Princeton, NJ 08540 609-580-3700 lwohl@archerlaw.com By: Lawrence C. Wohl, Esquire Attorney ID 001401985 … Super. 456, 459 (App. Div. 2004) ("only the judgment or orders designated in FILED, Clerk of the Appellate Division, …
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njcourts.gov
… and sentence. After careful review, we conclude the comments made by A.M. during her testimony were sufficiently … where she was interviewed. While at the station, Sergeant Pascual Irizarry took pictures of A.M.'s face, arms, and … making improper comments could have led the jury to discredit her testimony altogether, the comments could have …
njcourts.gov
… Defendant Alexandre Saunders appeals from the June 2, 2023 order denying his motion for a new trial or judgment … around his sister and "came at" J.S. with a "kitchen butcher knife[,]" nicking his left pinky. J.S. fled through the … moment and I . . . just need the police and ambulance to come in to treat this man because it's causing a lot of …
njcourts.gov
… appealing the ineligibility determination, requesting a "complete copy" of claimant's file, and advising that … process." He contends the procedure was flawed as he "was ordered to return [benefits already paid to him] without any … liable for repayment, that decision will not be disturbed unless it is "'arbitrary, capricious or unreasonable,' or is …
njcourts.gov
… Defendant Yoher Jimenez appeals from a Law Division order denying his petition for post-conviction relief (PCR) … failure to subpoena Hua prevented him from presenting a complete defense. Following oral argument, the PCR judge … PRIMA FACIE CLAIM FOR [PCR]. A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS FOR INEFFECTIVE ASSISTANCE OF COUNSEL, …
njcourts.gov
… issued a written disciplinary report charging McKinney with committing prohibited act *.005. The report stated that at … is more than sufficient time for McKinney to call out to passing officers and make the threatening remarks attributed … the security of corrections officers and maintaining the orderly operation of the prison are paramount concerns …
njcourts.gov
… of the consequences of her refusal. We affirm. 1 In order to obtain a conviction for refusal, the State must … He also "detect[ed] an odor of . . . alcoholic beverage coming from inside of the vehicle," prompting him to ask … she was required legally to do. The judge imposed the requisite fines and penalties, as well as a seven-month …
njcourts.gov
… incident, Villanueva had broken up with defendant and become romantically involved with Romero. Text messages read … upon in a manner that will 6 A-3513-17T3 obstruct an orderly procedure in courts of justice and deprive such … denied a request for a lesser-included offense charge for passion/provocation manslaughter. "The appropriate time to …
njcourts.gov
… the cause for respondent (Law Offices of Baumann & Viscomi, attorneys; Minos H. Galanos, on the brief). PER CURIAM … with[,] he would need all the photographs of all the vehicles so he could do a proper crash analysis because you can't … words – "mechanism of injury," constituted net opinions and ordered their redaction. The record lacks any substantial …
njcourts.gov
… LERCH, Petitioner-Appellant, v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND, Respondent-Respondent. … appellant's application after it adopted, without further comment, the findings and conclusions reached by an … testified that her pain had increased. She was cutting and pasting her lesson plans from previous years, and had the …