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… and what the parties termed a lesser included disorderly persons offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … to K.A.’s report. A DCPP caseworker, Jacqueline Alvarez, visited defendant’s home and conducted interviews with the …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS … is employed by East Brook Middle School as a fifth grade teacher. On May 17, 2018 on Route 80 West in Mount Olive, New Jersey, plaintiff was a passenger on a school bus which was returning to East Brook …
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… supervision for life, N.J.S.A. 2C:43-6.4, and ordered to comply with the restrictions and supervision of Megan's Law, … in defendant's truck. After defendant dropped off another passenger, C.M. went to move from the middle to the front … where he was soon joined by his wife and daughter. C.M. visited defendant and his family in Oregon, but did not …
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… possession of a handgun, and first-degree conspiracy to commit murder. Exum was found guilty of first-degree … was driving his girlfriend's car with defendant and Exum as passengers when they saw Pleasant, an "op[p]"—meaning … arguments raised in defendant's initial merits brief in the order presented. A. 21 A-0554-20 Defendant contends his …
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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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… 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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… 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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… 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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… 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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… 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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… 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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… 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 …
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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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… 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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… 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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… 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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… 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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… 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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… to third-degree conspiracy to July 23, 2018 A-2058-15T3 2 commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and … it deprived him of fundamental fairness. Furthermore, the passing reference to defendant's criminal history did not … at 357. That includes prior bad act evidence. See State v. Scherzer, 301 N.J. Super. 363, 428- 29 (App. Div. 1997); …
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… Errors Warrants Reversal. POINT II – THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN ADVISING THE JURY TWICE THAT … the sentence in the course of instructing the jurors "in order for you to determine whether the defendant was in … the image of the witness and hears "'all of the animation, passion, or sympathy originally conveyed'" in the witness's …