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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS IRIDA KIMCA, DERRICK SAMPSON, BRITTANY … eliminating food groups from the diets of children in order to avoid certain elements may result in deficiencies … Article III standing. 3 Since standing is a prerequisite for subject-matter jurisdiction in federal court, the …
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… behalf of defendant 123 Dean Drive LLC (from Riker Danzig Scherer Hyland & Perretti, LLP) PROCEDURAL HISTORY THIS MATER … possession by the claimant is a jurisdictional prerequisite of an action to quiet title.” Friedman v. Monaco and … a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by 8 the defendant of its …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MONMOUTH … the academic and therapeutic components.” The court also ordered random urine monitoring. According to documents … side note, effective October 1, 2018, the Legislature also passed a comprehensive Drug Court Expungement. These …
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… filed a petition for post-conviction relief (PCR). In a comprehensive written opinion, Judge Dennis Nieves denied … State v. Porter, 216 N.J. 343, 354 (2013) (holding that in order to establish a prima facie claim, the petitioner "must … suggestiveness' in the identification process." State v. Cherry, 289 N.J. Super. 503, 517 (App. Div. 1995) (quoting …
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… THE SEIZURE OF THE HANDGUN. POINT II: THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY ISSUING AN UNCONSTITUTIONAL … APPELLANT'S CONVICTIONS MUST BE VACATED AND A NEW TRIAL ORDERED. POINT V: THE LOWER TRIAL COURT ERRED IN NOT … indicated the defendant was involved with drugs or drug sales. We found the police lacked an objectively reasonable …
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… burn it to show Corbin that the argument was about principles and not about money, but Schools snatched it before it … how to consider 6 A-0738-15T4 unrecorded statements, commonly known as Kociolek1 and Hampton2 instructions. … does not need to request a Hampton or Kociolek charge in order to preserve the right to them. State v. Harris, 156 …
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… the judge denied the petition for reasons stated in a comprehensive written opinion. This appeal followed. We … shirt on the front seat, a black skull- cap hat in the rear passenger seat, and a blue bag and a handgun on the back … been located in Edison, and he needed to go to the scene in order to make a positive identification. . . . When the …
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… - 1 - NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ______________________________ : … was audited and additional Corporation Business Tax and Sales and Use Tax liability was assessed. The individual … Id. at 90. The application of estoppel is necessary in order to ensure that government meets its supervening …
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… 2018 2 A-3201-15T3 Defendant Daniel Locus appeals from an order entered by the Law Division on July 31, 2015, which … Malikah Colvin, Michelle Howe, and Crystal Montgomery. In a comprehensive oral decision, Judge Kathleen M. Delaney … have, but did not, raise the claim in a prior proceeding, unless they satisfy one of the following exceptions: (a) that …
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… ATTORNEY-CLIENT PRIVILEGED EMAILS AND OTHER ELECTRONIC COMMUNICATIONS BETWEEN DEFENDANT AND HER TRIAL COUNSEL. … defendant to resume the treatments. The victim's husband passed away on January 29, 2013, and defendant began … to find defendant standing on the side of the bed opposite where the therapy was taking place. The victim intended …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHARLES GOULD, a/k/a MISTER A. YOUNG, Defendant-Appellant. … defendant the cash. Still brandishing the gun, defendant commanded Adams to take him to his remaining stash of drugs. … record that the Appellate Division would have needed [in order] to address the defendant's concerns." Turning to the …
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… each case, the State agreed to a Graves Act waiver and to recommend a sentence of five years with a one-year period of … BECAUSE THE ASSIGNMENT JUDGE APPLIED INCORRECT LEGAL PRINCIPLES WHEN IT 4 A-3718-15T1 "SENTENCED" MR. CHIA, A REMAND FOR … seek judicial review of prosecutors' waiver decisions. In order to do so, a defendant must, by motion to the …
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… 2C:39-5(d) (count three); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. … drove up to the victim with my window rolled down from the passenger side. He told me, "They just robbed me." Martinez … the jury could only believe one of them, severance is in order." Weaver, supra, 219 N.J. at 157. Defendant has not …
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… relevant law. I. Barbara is the mother of two sons, Z.P. (Zachery) and M.R. (Mark)1. J.R. (James) is the father of Mark. … accident. Barbara was driving the car and James was a passenger. The two boys were also in the car at the time of … Super. 118, 129-30 (App. Div. 2010) (explaining the prerequisites for admission under the business records exception). …
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… PER CURIAM Defendant Kevin Evans appeals the April 2, 2015 order denying his petition for post-conviction relief (PCR). … 2009, defendant shot two individuals from behind as they passed him on an empty street in Jersey City. One victim was … In exchange for defendant's guilty plea, the State recommended a ten-year sentence on Count One and a seven-year …
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… F.A. (Felix) appeals from a December 10, 2018 fact-finding order, now final, that he abused or neglected K.H. (Kip), … the marks, telling the worker she had no idea where they'd come from and speculated he may have inflicted them himself. … Both admitted they had physically punished Kip in the past but didn't do so now. Felix claimed he'd practically …
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… clerk at gunpoint, threatening to shoot the clerk unless he complied with defendant's demands. On May 1, 2016, defendant … along Route 1. When a Hyundai Elantra (the vehicle) drove past him in the parking lot and pulled out onto Route 1, … MUST MERGE INTO THE ROBBERY COUNT. II. Our review of an order denying a motion to suppress following an evidentiary …
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… of privacy from a forced police entry into the locked common area of the apartment building, we now reverse. The … he enters . . . in any place as to which notice against trespass is given by . . . [f]encing or other enclosure … "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by …
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… that consent was properly obtained. He concluded that the incomplete consent form was not fatal when weighed against the … conceptually. But the decision did not perform the requisite factor-by-factor King analysis to guide the assessment … the sentencing error. We reverse the September 26, 2016 order denying defendant's motion to suppress and remand the …
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… percent wooded, contains 400 acres of open water, and is comprised of "steep slopes, rock outcroppings and floodplain … . . . and that the transaction meets all the other requisites of a useable sale. . . . [Assessors] have a choice … and best use for plaintiff's property was for active and passive recreation and using the same sales comparison …